As a foreign company, you should expect Danish trade unions to contact you to reach an agreement for workers posted to Denmark. You can negotiate a collective agreement with the union yourself or join a employers` organization that can negotiate on your behalf with the union. To be legal, a labour dispute requires in principle that the union concerned has a reasonable professional interest in seeking a collective agreement. This means that the work that the union is trying to regulate through an agreement must fall within the scope of the union. It is a decision to challenge the foreign company in the Danish Labour Court to decide whether the claims of a collective agreement are legal and whether a strike or blockade is legal. The Danish Labour Court will rule immediately on these issues. Example 2: Electricians working in a construction project refuse, as part of a solidarity action, to work for the client because the foreign company responsible for the other construction tasks has not yet signed an agreement, as requested in the main fight against the foreign company. In accordance with Section 6 bis of the Worker Detachment Act, a number of conditions must be met to enable Danish trade unions to fight against foreign companies. The section also describes the maximum wage elements that may be required in the collective agreement. 6 bis.-(1) In order to ensure that seconded workers receive wages corresponding to the rates that Danish employers must pay for the performance of the corresponding work, collective action can be taken against foreign service providers in the same way as Danish employers, in order to support the request for a collective agreement.
See subsection (2). (2) The initiation of trade union actions within the meaning of sub-section 1 is conditional on the pre-presentation to the foreign service provider of provisions in collective agreements concluded by Denmark`s most representative social partners, covering the entire Danish territory. These collective agreements must clearly indicate the rate of pay to be paid under collective agreements. Collective agreements are, on the one hand, a union or a unit of collective agreements and, on the other hand, an employer, a company or an employer organization. A company can also apply to a Danish employers` organisation and apply for membership, so that it is covered by the same collective agreement as the employer organisation concerned and its members.