Rules for the Hearing of Industrial Disputes
The Confederation of Danish Employers and the Danish Federation of Trade

The Confederation of Danish Employers and the Danish Federation of Trade Unions have adopted the following general rules for the hearing of industrial disputes (the Revised Norm).

Efforts to resolve disputes through negotiation and conciliation proceedings are of major importance to the Danish labour market. Hence, the DA and the LO recommend that disputes are, if at all possible, dealt with quickly and amicably and that the resolution process is easily accessible to the parties.

Accordingly, to encourage and promote an efficient and effective resolution process, it is imperative that the parties engage in the resolution process and, without undue delay, actively progress proceedings until the dispute is resolved.

In accordance with previous practice, disputes over the interpretation of collective bargaining agreements shall be resolved by the industrial arbitration courts, whereas cases regarding breaches of collective bargaining agreements shall be resolved by the Danish Labour Court.

In the following general rules, references to the rights and obligations of the organisations that are parties to collective bargaining agreements shall also apply to any individual undertakings that are parties to bargaining agreements.

Section 1. Either party to a collective bargaining arrangement may request that any industrial dispute shall be subject to negotiation and conciliation proceedings in pursuance of these rules, unless the parties have agreed to be bound by alternative and appropriate rules for resolving the dispute.
Subsection 2. In the event of either party making a request for conciliation, cf. however
sections 16 and 17, such conciliation shall be carried out.

Workplace negotiations

Section 2. On request, attempts are made at resolving industrial disputes by workplace negotiations between the company’s management and the union representative. These negotiations shall take place at the company’s premises unless otherwise agreed, and shall commence and be completed as quickly as possible.
Subsection 2. In the event that the union representative so requests, or where no union representative has been appointed in the company, a representative from the workplace department(s) may be summoned to the workplace negotiations in agreement with the company’s management.
Subsection 3. Minutes may be taken of the workplace negotiations. The conclusion of the negotiations shall not be contrary to the collective bargaining agreement and shall otherwise be resolved without prejudice to future cases.

Conciliation proceedings

Section 3. In the event that the parties cannot reach an agreement during workplace negotiations, or that no such workplace negotiations have been held, either organisation may request that conciliation proceedings be conducted.

Section 4. This request for conciliation proceedings shall be in writing and briefly describe the dispute.

Section 5. Conciliation proceedings shall be conducted by a conciliation committee consisting of two mediators. The organisations shall each appoint one mediator.

Section 6. A date for the conciliation proceedings shall be fixed no later than five working days from the date of the receipt of the opposing organisation of the request for conciliation proceedings, and the meeting shall be held no later than twelve working days from the date of the receipt of the request for conciliation. The organisations may agree to deviate from this time limit.
Subsection 2. Where possible, the conciliation proceedings shall be conducted at the premises where the dispute arose, for the purpose of summoning the parties to the dispute if so required. The organisations may decide to conduct the conciliation proceedings elsewhere.
Subsection 3. Records of the conclusion of the conciliation proceedings shall be signed by the parties concerned.

Meetings between the organisations

Section 7. If the parties fail to reach an agreement at the conciliation proceedings, the dispute may be referred to industrial arbitration, cf. section 10, unless one of the organisations requests that the dispute be referred to a meeting between them.

Section 8. The request for a meeting between the organisations shall be in writing and briefly describe the dispute.
Subsection 2. The opposing organisation shall receive the request no later than ten working days after the conciliation proceedings were conducted. The organisations may agree to deviate from this time limit.
Subsection 3. The meeting between the organisations shall be held as quickly as possible, and no later than fifteen days after the opposing organisation’s receipt of the request for a meeting between them. The organisations may agree to deviate from the time limit.

Section 9. At least one representative of each party shall participate in the meeting between the organisations. Where deemed necessary, the parties directly involved in the dispute shall also participate in the meeting between the organisations.
Subsection 2. Records of the conclusion of the meeting between the organisations shall be prepared and signed by the parties.

Industrial arbitration

Section 10. If the parties fail to reach an agreement during conciliation proceedings or at the meeting between the organisations, disagreements may, upon request, be referred to industrial arbitration in pursuance of section 11.
 
Section 11. The following cases may be brought before the industrial arbitration courts:

• cases dealing with the interpretation and understanding of collective agreements, apart from industry-wide and basic agreements between the central organisations, cf. section 9(1)(i) of the Danish Labour Court Act,
• cases subject to section 9(1)(i-iii) of the Danish Labour Court Act, providing the parties have agreed to have the case decided by industrial arbitration, cf. section 9(3) second sentence, of the Danish Labour Court Act,
• cases upon which the parties have otherwise agreed, in accordance with a collective bargaining agreement, usual practice, or in an individual case, to have referred to industrial arbitration for resolution thereof, 
• cases relating to the interpretation of current legislation providing the parties, in accordance with collective bargaining agreements, or in the individual case, have agreed to this.

Section 12. Providing that the parties to the specific case agree, the industrial arbitration courts may decide upon a claim for penalty.

Section 13. When the umpire has been appointed in accordance with section 26 of the Danish Labour Court Act, the date of the industrial arbitration proceedings between the parties and the umpire shall be scheduled with due regard to the nature of the case.
Subsection 2. Where no time limits have been agreed for the submission of pleadings, these shall be scheduled by the umpire upon request. 

Section 14. Unless the parties agree otherwise, the arbitration proceedings shall be held at the complainant’s premises.
Subsection 2. In the event that an inspection is required, the umpire may decide to set up the industrial arbitration court accordingly.

Impartiality

Section 15. No one shall be a member of the conciliation committee or participate in the meeting between the organisations, when the case deals with working conditions in the workplace where this person is employed, or in which the person in question otherwise has any personal interest.

Work stoppage and refusal to work

Section 16. The provisions mentioned above shall not apply in the event that a work stoppage is launched as a sympathetic strike in support of a work stoppage which has been launched no later than simultaneously herewith, cf. section 2 of the general agreement between the DA and the LO.

Section 17. In all other cases, the provisions for dealing with industrial disputes shall be complied with prior to the launch of work stoppage, unless the following occurs: non-payment of wages due to the employer’s inability to pay or lack of intention to pay; risk of safety and health emerges that justifies stoppage of work, or; violation of personal integrity that justifies stoppage of work.