Collective Agreement For The Construction and Civil Engineering Sectors
Collective Agreement For The Construction and Civil Engineering Sectors
Collective Agreement For The Construction and Civil Engineering Sectors
Dansk Byggeri
Nørre Voldgade 106
Fagligt Fælles Forbund
Kampmannsgade 4
COLLECTIVE AGREEMENT FOR THE CONSTRUCTION
1358 København K
Telefon: 72 16 00 00
1790 København V
Telefon: 70 300 300 AND CIVIL ENGINEERING SECTORS 2014
[email protected] [email protected] BETWEEN: DANSK BYGGERI/THE DANISH CONSTRUCTION ASSOCIATION
www.danskbyggeri.dk www.3f.dk AND FAGLIGT FÆLLES FORBUND/UNITED FEDERATION OF DANISH WORKERS
2014
2014 2014 2014
2014
2014 2014
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Collective Agreement for the
Construction and Civil Engineering
Sectors
2014
between
Dansk Byggeri
/The Danish Construction Association/
and
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TABLE OF CONTENTS:
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§ 29 Welfare arrangements – non-permanent workplaces ................ 36
Chapter 6........................................................................................ 38
Special provisions ......................................................................... 38
§ 30 Kilometre allowance ................................................................. 38
§ 31 On-call duty ............................................................................. 39
§ 32 Hotel accommodation and board .............................................. 40
Chapter 7 Payment of wages ........................................................ 41
§ 33 Wage pay period...................................................................... 41
§ 34 Payment of wages ................................................................... 41
§ 35 Payslips ................................................................................... 42
Chapter 8 Performance-related pay ............................................. 44
§ 36 Piece work lists, guideline time schedules and price schedules 44
§ 37 Piece work rules ...................................................................... 45
§ 38 Negotiations once in a collective agreement year ..................... 46
§ 39 Apprentices’ participation in piece work .................................... 46
§ 40 Determination of piece rates according to “Guideline Time
Schedules”............................................................................... 46
§ 41 Determination of piece rates on the basis of time and motion
studies ..................................................................................... 47
§ 42 Execution of piece work on other basis .................................... 47
§ 43 Minute factors .......................................................................... 48
§ 44 Piece work advances ............................................................... 49
§ 45 Demand for a piece work agreement for tasks which are not
included in price lists and schedules ........................................ 50
§ 46 Piece work accounts ................................................................ 51
§ 47 The use of time and motion studies and guideline time
schedules ................................................................................ 53
§ 48 Price Schedule Committee for Paving Works ........................... 54
§ 49 Permanent Price Schedule Committee ..................................... 55
Chapter 9 Pensions ....................................................................... 56
§ 50 Pension and health scheme ..................................................... 56
Chapter 10 Sickness, child's first sick day, etc. .......................... 58
§ 51 Sickness and injury .................................................................. 58
§ 52 Child’s first sick day ................................................................. 60
§ 53 Child’s hospital stay ................................................................. 60
§ 54 Childbirth ................................................................................. 61
§ 55 Sick care days ......................................................................... 63
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Chapter 11 Provisions on holiday leaves and national holidays 64
§ 56 Holiday entitlement .................................................................. 64
§ 57 Taking holidays ........................................................................ 64
§ 58 Sickness during holidays.......................................................... 66
§ 59 Transfer of holidays ................................................................. 67
§ 60 Holiday allowance .................................................................... 68
§ 61 Holiday card scheme ............................................................... 70
§ 62 Payment of holiday allowance .................................................. 71
§ 63 Payment of holiday allowance at the end of the holiday year .... 73
§ 64 Special provisions .................................................................... 74
§ 65 The industry’s holiday fund....................................................... 76
§ 66 Payment for public holidays which fall on weekdays and senior
agreements.............................................................................. 77
§ 67 Provisions on holiday leaves and national holidays for posted
employees ............................................................................... 80
Chapter 12 Cooperation ................................................................ 81
§ 68 Shop steward rules .................................................................. 81
§ 69 Health and safety representatives ............................................ 84
§ 70 Works councils and the Collaboration Committee ..................... 85
§ 71 Cooperation and working environment ..................................... 86
Chapter 13 Training and education .............................................. 87
§ 72 Freedom of education .............................................................. 87
§ 73 Training Fund .......................................................................... 87
§ 74 DA/LO Development Fund ....................................................... 87
§ 75 Construction and Civil Engineering Sectors’ Development
Fund ........................................................................................ 88
Chapter 14 Employment and termination of employment .......... 90
§ 76 Employment............................................................................. 90
§ 77 Termination of employment ...................................................... 90
§ 78 Sending the employees home .................................................. 92
Chapter 15 Adolescent employees .............................................. 95
§ 79 General provisions ................................................................... 95
§ 80 Employment of adolescent employees ..................................... 95
§ 81 Wages of adolescent employees.............................................. 96
§ 82 Safety and training ................................................................... 97
Chapter 16 Procedure for the settlement of industrial disputes 98
§ 83 Industrial disputes .................................................................... 98
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§ 84 Procedure for the settlement of disputes regarding dismissal
without notice......................................................................... 102
§ 85 Foreign employees’ pay and working conditions..................... 103
§ 86 Labour Court .......................................................................... 109
§ 87 Urgent cases ......................................................................... 110
§ 88 Work stoppage....................................................................... 110
§ 89 Conflicts inconsistent with the terms of the Collective
Agreement ............................................................................. 110
Chapter 17 Equal Remuneration Board ..................................... 111
§ 90 Equal Remuneration Board .................................................... 111
Chapter 18 Final provisions........................................................ 113
§ 91 Working clothes ..................................................................... 113
§ 92 Tools and equipment ............................................................. 113
§ 93 Experimental work procedures ............................................... 114
§ 94 Electronic documents............................................................. 115
§ 95 Revision of the Collective Agreement, etc. ............................. 115
§ 96 Contractual relationships in the construction and civil
engineering sectors................................................................ 116
§ 97 Temporary work ..................................................................... 117
§ 98 Circumvention of provisions of the Collective Agreement ........ 118
§ 99 Implementation of EU directives ............................................. 119
§ 100 Code of employment .............................................................. 119
§ 101 Period of validity of the Collective Agreement ......................... 120
Chapter 19 Trainees .................................................................... 121
§1 Daily working hours................................................................ 121
§2 Period of training.................................................................... 122
§3 Pay ........................................................................................ 122
§4 Adult trainees......................................................................... 123
§5 Trainee participation in journeymen's piecework ..................... 123
§6 Pay and employment conditions............................................. 123
§7 Pensions................................................................................ 124
§8 Insurance benefits to trainees ................................................ 124
§9 Workwear .............................................................................. 125
§ 10 Safety footwear ...................................................................... 125
§ 11 Tools ..................................................................................... 125
§ 12 Travel allowance .................................................................... 126
§ 13 Welfare facilities..................................................................... 129
§ 14 Holiday provisions.................................................................. 129
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§ 15 Special provisions .................................................................. 129
§ 16 Overtime ................................................................................ 130
§ 17 Settlement of industrial disputes............................................. 130
Chapter 20 Protocols .................................................................. 131
Protocol on health and safety at work.................................................. 131
Protocol on implementing the EU Directive on temporary
agency work ....................................................................................... 132
Protocol on night work and health checks ........................................... 133
Protocol on social dumping ................................................................. 134
Protocol on committee work on pension matters for employees
posted abroad..................................................................................... 134
Protocol on committee work on electronic time sheets and payslips .... 135
Protocol on committee work on holiday cards...................................... 135
Protocol on recruitment and skills development for construction and
civil engineering projects..................................................................... 136
Protocol on training in the event of termination of employment or
temporary layoff .................................................................................. 138
Protocol on the organisations' assistance to local negotiations on
flexibility etc. ....................................................................................... 139
Protocol on productivity growth through cooperation and planning....... 140
Chapter 21 Annexes .................................................................... 141
Annex 1 General Agreement of 31 October 1973 ................................ 141
Annex 2 Travel allowance ................................................................... 149
Annex 3 Winter construction ............................................................... 153
Annex 4 Contract of employment ........................................................ 158
Annex 5 Offshore Agreement .............................................................. 161
Annex 6 Agreement on pre-training..................................................... 165
Annex 7 Provisions on holiday leave and public holidays for
employees posted abroad ...................................................... 168
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Chapter 1
Scope of application of the Collective Agreement
§1 Scope of application
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Gardening works
7. The parties are in agreement as to the fact that members of Dansk
Byggeri have for many years been employed with the
establishment, operation and maintenance of green areas, and
that Fagligt Fælles Forbund has on many occasions participated in
the resolution of industrial disputes with respect thereto, in
accordance with the applicable collective agreement between the
parties.
8. The Collective Agreement shall continue to apply to this type of
works, however local agreements – possibly with the participation
of the organisations – must be entered for work which requires
vocational training as a gardener.
Offshore work
9. The Collective Agreement also applies to work on floating and
fixed platforms (the offshore area), however, due to the special
working conditions at such places of work, a separate agreement
has been concluded with respect thereto.
The agreement is attached as Annex 5.
The municipalities of Copenhagen and Frederiksberg
10. In the municipalities of Copenhagen and Frederiksberg the
existing Collective Agreement between Bygge-, Jord- og
Miljøarbejdernes Fagforening /BJMF, The Building, Earth and
Environmental Workers Union/ and Dansk Byggeri is in force. To
the extent that Dansk Byggeri and BJMF agree that the provisions
of existing Collective Agreement between them shall become
invalid, the undersigned parties concur that the present Collective
Agreement shall apply in the municipalities of Copenhagen and
Frederiksberg.
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concrete factories, industrial stone companies, gravel pits,
stationary repair shops and stationary plant and equipment sites
as well as companies which perform sewage or mud dredging
works.
Varying employment
1. Employees are subject to the rules which apply to permanent
workplaces if the place of their actual employment and the principal
place of performing work duties is at the permanent production site,
regardless of whether or not they are assigned or seconded by the
company to perform assembly work/preparatory work at non-
permanent workplaces.
Relocation
2. Employees can be relocated from permanent workplaces to non-
permanent workplaces, and these employees will then be subject
to the provisions for non-permanent workplaces.
§3 Zone division
Zone 1
The boundary of Zone 1 runs northwest and north from Køge Bugt
/Køge Bay/ along the western boundary of the municipalities of
Vallensbæk and Herstederne (intersecting the main Copenhagen-
Roskilde road at km 16.0), after which it follows the western
boundary of Ballerup parish and then goes along the southern and
western boundaries of Værløse parish until the southern boundary
of Farum parish immediately west of Farum Sø /Farum Lake/.
From here it follows the boundary between Ganløse and Farum
parishes in the northwestern direction, turning to the east towards
Slangerupbanen /the Slangerup Light Railway/; then it follows the
railway line until it enters the parish of Lynge, after which the
boundary of Zone 1 goes along Lynge parish’s eastern boundary
northeast and then on along the western boundary of Blovstrød
parish in the northern/northeastern direction until, immediately
after having passed the Kongevejen road (at km 26.8) it
encounters the boundary of Karlebo parish which goes along the
south-eastern side of the Store Dyrehave forest. From that point
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the boundary of Zone 1 follows the parish boundary northeast
along Store Dyrehave; then it goes northwest to the Grønholt
Hegn forest and on along its south-eastern side until the northern
boundary of Karlebo parish which it then follows eastwards to the
Øresund strait immediately south of the Laveskov forest.
Zone 2
Zone 2 comprises the Frederiksborg County except for the parts
which fall under Zone 1 as described above. Therefore, from
Hornsherred the zone boundary follows the county border south of
Skibby; similarly, east of Roskilde Fjord /Roskilde inlet/ it follows
the southern boundary of Frederiksborg County along Værebro Å
/Værebro stream/ until the boundary of the southern judicial limit of
Copenhagen County, which it then follows south to Hedehusene
until it intersects the northern boundary of Reerslev parish (it
intersects the main Copenhagen-Roskilde road at km 24.4). Then
the boundary of Zone 2 follows the boundary between Reerslev
and Vindinge parishes and turns east between Reerslev and Tune
parishes; from there it goes south along the boundary between
Tune and Greve parishes and then follows the boundary of
Karlslunde parish in the southeastern direction to Køge Bugt.
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applicable.
3. Upon the company’s resignation from membership in Dansk
Byggeri, the accession agreement is re-activated unless the
company becomes subject to another collective agreement via its
membership in an organisation within DA /Dansk
Arbejdsgiverforening, The Danish Employers’ Association/.
Adaptation negotiations
4. Once the federation has been notified that a company has become
subject to a collective agreement concluded by Dansk Byggeri, the
federation may request an organisation meeting be convened, cf. §
83 para. 17. The purpose of the organisation meeting is to examine
the possibilities for applying the provisions of the relevant Collective
Agreement to the company’s employees in order to ensure
compliance with its rules as well as enabling the parties to the
Collective Agreement to familiarize themselves with existing
remuneration and employment terms for the working staff. During
the negotiations the existing remuneration and employment terms
may be documented.
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Chapter 2
Terms of employment
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applicable to the employment.
Failure to comply with notification obligations
3. Should the employee not be provided with information on the terms
and conditions of employment, cf. para. 1 and para. 2, within the
above specified periods, the case may be submitted for resolution
in accordance with the provisions of the present Collective
Agreement on the Procedure for the settlement of industrial
disputes.
If the above mentioned information has been given to the
employee at the latest 15 days after a justified demand to do so
has been raised against the relevant company, the company may
not be fined except in case of systematic breach of the provision
on the employer’s notification obligations.
4. Should an employee who has been employed before 1 July 1993
wish to receive information on the terms of employment, cf. para. 1
and para. 2, and submit a request for such information on 1 July
1993 or later, the company shall be obliged to provide the desired
information to the employee within 2 months of the submission of
the request.
5. The above provisions do not apply to apprentices.
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contract has been signed, it may be required that it be submitted
to the respective organisations.
The matter of introducing or terminating agreements for
employment on terms similar to those of the Salaried Employees
Act may be submitted for resolution in accordance with the
industrial dispute settlement procedure, but not the procedure of
industrial arbitration.
3. The provisions of Section 8 of the Salaried Employees Act with
regard to early retirement pension benefit in case of death cannot
be derogated from by agreement.
Remuneration
4. Remuneration must reflect the individual employee’s qualifications,
responsibility, effort and proficiency.
Once a year each employee’s remuneration is reviewed for a
possible adjustment. The adjustment may take place at the same
time as for white collar workers who are employed in the company
pursuant to the Salaried Employees Act.
5. Disagreements with regard to remuneration level or adjustment
may be submitted for resolution in accordance with the procedure
for the settlement of industrial disputes described in the present
Collective Agreement.
In case of employment on terms similar to those of the Salaried
Employees Act, the employee’s hourly wage is converted to
monthly remuneration according to the applicable number of
hours, at present 160.33. Remuneration is paid out on the same
dates as the ones which apply to the white collar workers who are
employed in the company pursuant to the Salaried Employees
Act.
Seniority
6. In case of employment on terms similar to those of the Salaried
Employees Act, seniority is calculated from the time of transition to
such employment, with the stipulation that the employee retains the
right to a period of notice which is at least of the same length as
the one he/she was entitled to before the transition.
Termination
7. In case of termination of employment, the period of notice for both
parties is calculated in accordance with the provisions of Section 2
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of the Salaried Employees Act.
The parties agree that the period of notice may not be shorter
than the one which the employee was entitled to in accordance
with the Collective Agreement upon transition to employment on
terms similar to those of the Salaried Employees Act.
Notice of termination may be given during sickness absence.
The provisions of § 77 para. 8 and § 78 of the Collective
Agreement do not apply to contracts of employment on terms
similar to those of the Salaried Employees Act.
8. In an individual contract it may be agreed that the company can
terminate the employment upon 1 month’s notice to the end of a
month when the person concerned has received remuneration
during sickness absence of more than a total of 120 days in a
period of 12 consecutive months. Such termination shall only be
valid if given immediately after the 120 days of sickness absence
and while the person concerned is still sick. The validity is not
affected by the employee’s return to work after the termination has
been given.
Working hours
9. Working hours, including any overtime, shift work and staggered
working hours, along with payment for such, shall be determined in
accordance with the provisions of the present Collective
Agreement.
Holidays
10. Persons employed on terms similar to those of the Salaried
Employees Act are entitled to paid holidays or holidays with holiday
allowance, cf. Section 23 of the Salaried Employees Act. This
provision supersedes § 60 of the Collective Agreement.
Pension contribution on holiday allowance
11. As of 1 May 2014 holiday allowance is included in the calculation
basis for pension contribution.
Public holidays
12. Employees are entitled to full remuneration for public holidays and
other days off.
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Additional floating holidays
13. Employees are entitled to 5 additional days of floating holiday per
calendar year.
14. Should a person employed on terms similar to those of the Salaried
Employees Act not use up the additional floating holiday
entitlement before the end of the calendar year, such a person
shall have the right to within 3 weeks submit a claim for
compensation equivalent to one day’s remuneration for each
unused day of additional floating holiday. The compensation shall
be paid out in connection with the first subsequent payment of
remuneration.
Special accrual scheme
15. A special accrual scheme shall be set up for persons employed on
terms similar to those of the Salaried Employees Act, to which the
company shall pay contribution on remuneration which constitutes
calculation basis for holiday pay. The said contribution as of the
below mentioned dates shall be equal to:
1 March 2014 .........................................................................1.3%
1 March 2015 .........................................................................1.7%
1 March 2016 .........................................................................2.0%
Holiday pay (12.5%) shall be calculated on the amount.
Payment
16. The accrued amount shall be paid out to the employee together
with remuneration for December unless the said employee prior to
1 December requests that the amount be transferred to his/her
pension account.
Upon termination of employment, the accrued amount shall be
paid out together with the last remuneration.
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Sickness
17. The company shall pay full remuneration during sickness.
Other stipulations
18. Sections 2a and 2b,16, 17 and 17a of the Salaried Employees Act
apply to the persons employed on terms similar to those of the
Salaried Employees Act.
Unless otherwise specified herein or in the contract of
employment drawn up between the parties, the person employed
on terms similar to those of the Salaried Employees Act shall be
subject to the provisions of the Collective Agreement.
Settlement of disputes
19. Any and all disagreements concerning the interpretation of
individual agreements or of the above guidelines shall be resolved
in accordance with the provisions of the present Collective
Agreement on the Procedure for the settlement of industrial
disputes.
Should the company wish to be released from a contract of
employment on terms similar to those of the Salaried Employees
Act with a particular employee, or should an individual employee
wish to be released, such contract may be terminated with a
notice period which is applicable to the employee.
Once the notice period has expired, the employee shall be
regarded as being subject only to the provisions of the Collective
Agreement.
Pre-existing contracts of employment on terms similar to those of
the Salaried Employees Act may, based on local agreements
between the parties, be adjusted to the present guidelines.
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Chapter 3
Working time provisions
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§9 Variable weekly working time
§ 11 Weekend work
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3. The beginning and end time of working hours on Saturdays and
Sundays is set by the company.
4. Employees who are hired for weekend work may not at the same
time have any other paid employment.
Thus, no supplementary benefit /for part-time employment/ may be
paid out to the employees.
5. Agreement on the introduction of weekend work system in the
individual company may only be concluded if the organisations
agree to do so.
6. Infringement of para. 4 shall be regarded as a breach of terms of
employment and will result in an immediate dismissal from the
company. Should the company be aware of an infringement of
para. 4, the weekend work system can be suspended.
7. Disputes concerning the above shall be resolved in accordance
with the provisions of the present Collective Agreement on the
Procedure for the settlement of industrial disputes.
Remuneration
8. Remuneration for weekend work shall be as stipulated in the
Collective Agreement.
9. In addition, supplements and allowances as provided for in the
Collective Agreement shall be payable, in the same scope and
manner as to the other employees of the company in the relevant
area of work.
10. Furthermore, supplements and allowances for work on Saturday
and Sunday as provided for in the Collective Agreement shall be
payable to the employees. Locally it may be agreed to distribute
the supplements and allowances as an average over the total
working hours.
11. A precondition for weekend work is that total remuneration,
including all supplements and allowances provided for in the
Collective Agreement, shall at least be equal to normal
remuneration at the given workplace for a normal week.
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Days off and work on public holidays
12. Working time schedule shall be made prior to the introduction of
weekend work system so as clearly to establish which days
(Saturdays/Sundays) are days off. Should there be such days off,
an amount shall be paid out for these days equivalent to the
individual employee’s average hourly remuneration for the number
of hours he or she would have worked on the days concerned.
The amount shall be paid out from the employee’s “holiday
account”. However, no amount greater than that deposited on the
individual employee’s holiday account at the given time may be
paid out.
13. Only ordinary remuneration shall be paid for work on public
holidays and thus no advance pay for public holidays which fall on
weekdays shall be applicable.
ATP contribution
ATP contributions /Arbejdsmarkedets Tillægspension, Labour
Market Supplementary Pension Scheme/ shall be made at the full
amount.
§ 12 Part-time employment
Part-time work
1. Part-time employment contracts may be concluded at the local
level.
2. Weekly working time for part-time employment shall comprise a
minimum of 20 and a maximum of 30 hours a week.
Normal weekly working time (the number and arrangement of
working hours) shall be agreed individually in each case of part-
time employment.
Changes to the normal weekly working time may be made in
accordance with the provisions of § 7.
3. Remuneration for part-time employment shall be in accordance
with the generally applicable provisions of the Collective
Agreement.
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The employees are not entitled to any compensation for reduced
working time.
Working hours in excess of the agreed working time for the
employee shall be paid at the relevant employee’s normal hourly
rate.
Working hours in excess of the company’s normal working time for
full-time work shall be paid as overtime at the rates that apply to the
other employees of the company.
4. The organisations are entitled to complain about the misuse of the
present provision, including cases where the number of part-time
employees is deemed excessive, in accordance with the Procedure
for the settlement of industrial disputes.
5. It has been agreed that the stipulations of the Collective Agreement
concerning seniority shall apply to part-time employees in the same
way as to full-time employees.
Persons with reduced work capacity
6. Agreements on reduced working time may be concluded with
employees whose working ability is diminished due to age, infirmity
or injury.
Partial retirement, partial early retirement
7. Agreements on reduced working time may be concluded with
employees who request such arrangement due to transition to
partial retirement or partial early retirement.
The organisations are entitled to complain about the misuse of the
present provision in accordance with the Procedure for the
settlement of industrial disputes.
§ 13 Outside work
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§ 14 On-call work
§ 15 Days off
1 May
1. 1 May is a full day off.
Constitution Day
2. Constitution Day /5 June/ is a full day off with the right to advance
pay for public holidays which fall on weekdays in accordance with §
66 para. 3.
Additional floating holidays
3. Employees are entitled to 5 additional days of floating holiday per
calendar year.
4. Additional days of floating holiday are paid according to the same
rules as for the payment of holidays falling on weekdays, cf. § 66 ,
and are taken according to the same rules as apply to the
“remaining days of holiday”.
5. Advances for floating holidays amount to DKK 900.00 per day for
adult employees and DKK 550.00 per day for adolescent
employees.
6. From the beginning of the pay week which includes 1 March 2015,
advances for floating holidays shall be increased to DKK 1,000.00
per day for adult employees and DKK 600.00 per day for
adolescent employees.
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7. If an employee is sick when a floating holiday begins, the employee
shall not be obliged to take the floating holiday and the holiday may
be postponed.
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Chapter 4
Overtime work, staggered working hours, shift
work
§ 17 Overtime work
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One out of these 3 hours may fall immediately before the
beginning of normal working hours, but not before 6:00 a.m.
2. Overtime work beyond the first 3 hours after the end of normal
working hours (i.e. night work), until the beginning of normal
working hours on the following day, shall be paid at the hourly rate
increased by ....................................................................... 100%
Work on Sundays and public holidays shall be paid at the hourly
rate increased by ................................................................ 100%
3. The percentage allowances above shall be calculated based on the
minimum wage rate, cf. § 21.
Free weekdays
4. In case of work on a public holiday which falls on a weekday,
overtime is calculated from the beginning of normal working hours.
Deduction for meal breaks
5. No deduction for meal breaks shall be made from payment for
overtime work, night work, work on Sundays and public holidays.
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work in staggered working hours beyond 1 week, he/she shall be
paid overtime allowance for work outside the company’s normal
daily working hours.
Remuneration for work in staggered working hours
4. If the terms of para. 2 and para. 3 are met, no allowance shall be
paid for that part of staggered working hours which falls between
6:00 a.m. and 6:00 p.m.
5. If working hours are staggered in such a way that they end after
6:00 p.m. but start before midnight, the following hourly allowance
shall be paid from the beginning of the pay week which includes 1
March 2014:
From 6:00 p.m. to 10:00 p.m. ...................................... DKK 23.70
From 10:00 p.m. to 6:00 a.m. .......................................DKK 40.75
For work on staggered shifts that begin at midnight or later, for the
working hours until 6:00 a.m., there shall be paid an hourly
allowance of .................................................................DKK 49.45
From the beginning of the pay week which includes 1 March 2015,
the hourly allowance rates shall be changed to:
From 6:00 p.m. to 10:00 p.m. ...................................... DKK 24.10
From 10:00 p.m. to 6:00 a.m. ...................................... DKK 41.40
For work on staggered shifts that begin at midnight or later, for the
working hours until 6:00 a.m., there shall be paid an hourly
allowance of ................................................................ DKK 50.20
From the beginning of the pay week which includes 1 March 2016,
the hourly allowance rates shall be changed to:
From 6:00 p.m. to 10:00 p.m. ...................................... DKK 24.50
From 10:00 p.m. to 6:00 a.m. ...................................... DKK 42.10
For work on staggered shifts that begin at midnight or later, for the
working hours until 6:00 a.m., there shall be paid an hourly
allowance of ................................................................ DKK 51.10
Overtime work in case of staggered working hours
6. If employees are required to work overtime in addition to staggered
working hours, for the time of performing such work which is
calculated from the end of the staggered working hours, they shall
– apart from the above mentioned allowances – be paid the
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relevant overtime allowances as stipulated in the Collective
Agreement.
§ 20 Shift work
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Provided that unanimity with respect thereto is achieved at the
local level, up to 5 hours overtime work per week may be carried
out on all the 3 shifts.
5. Shift work shall be arranged in accordance with a locally agreed
rota cycle so that each employee’s average normal working time
for work on 3 shifts amounts to 35 hours, and an average of 35.5
hours for two-shift work. Hours in excess of the above specified
average shall be converted to full days off included in the rota
scheme. To be regarded as a shift worker, each employee must
take part in the rota scheme at least 6 times within a period of 6
weeks.
Special provisions with regard to working time
6. Working time shall be proportionally reduced for public holidays,
floating holidays or other collectively agreed days off.
7. When setting the work schedule, employees shall be given
weekends off to the highest possible extent.
Interruptions and rescheduling of shift work, transfer of employees
8. In case of interruption of shift work, rescheduling of predetermined
rota scheme or transfer of employees, cf. para. 9, each employee’s
actual working time in the given pay period must be individually
calculated and compared to the standard working hours as
described in para 4-7.
Should the actual working time be shorter than the standard
working time, any hours lacking shall be paid at the normal rate for
hourly paid work without any allowances, while, if the actual
working time is longer than the standard working time, the surplus
hours shall be paid at the overtime rates starting with the lowest.
9. Should an employee be transferred from one shift to another
without it being in accordance with a predetermined rota scheme, a
one-off amount shall be paid for each transfer. The following
amount shall be paid from the beginning of the pay week which
includes:
1 March 2014 ............................................................. DKK 194.95
1 March 2015 ............................................................. DKK 198.05
1 March 2016 ............................................................. DKK 201.40
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No payment is due if the employee is re-transferred back to
his/her original shift within 6 weeks or if he/she is transferred to
daytime work system.
The working day
10. In relation to shift work it is agreed that the working day shall run
from 6:00 a.m. to 6:00 a.m. on the following day or from the
beginning of normal working hours in the given company to the
same time on the following day unless otherwise agreed in writing.
Shift work allowance
11. For shift work on weekdays, except Saturdays, between 6:00 p.m.
and 6:00 a.m., the following hourly allowance shall be paid from the
beginning of the pay week which includes:
1 March 2014 .............................................................. DKK 36.50
1 March 2015 .............................................................. DKK 37.05
1 March 2016 .............................................................. DKK 37.70
12. For shift work performed in the period from 2:00 p.m. on Saturday
to the end of working Sunday and for shift work on public holidays
and other collectively agreed days off, the following hourly
allowance shall be paid from the beginning of the pay week which
includes:
1 March 2014 .............................................................. DKK 86.15
1 March 2015 .............................................................. DKK 87.55
1 March 2016 .............................................................. DKK 89.05
No additional overtime allowances shall be paid.
At the local level it may be agreed that the time intervals
mentioned above shall start and end up to 8 hours earlier than
specified. For example, if working Sunday ends on Sunday
evening at 10:00 p.m., allowance according to para. 11 shall be
paid for work performed from that time on.
Overtime
13. For overtime work carried out at the times which entitle to shift
work allowance as described in para. 11 and 12, such shift work
allowance in the amount corresponding to the relevant time interval
shall be paid in addition to overtime rate.
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Work on or staggering of days off
14. If a paid day off cannot be given in exchange for work on a public
holiday or a collectively agreed day off (para. 6), the following
additional hourly allowance shall be paid for work on such public
holiday or collectively agreed day off from the beginning of the pay
week which includes:
1 March 2014 .............................................................. DKK 86.15
1 March 2015 .............................................................. DKK 87.55
1 March 2016 .............................................................. DKK 89.05
The same allowance shall also be paid if a prescheduled day off
duty falls on a public holiday and no paid day off can be given in
exchange therefore.
15. If a prescheduled day off duty is staggered without it being the
consequence of a change of a predetermined rota scheme, the
following hourly allowance shall be paid from the beginning of the
pay week which includes:
1 March 2014 .............................................................. DKK 25.80
1 March 2015 .............................................................. DKK 26.20
1 March 2016 .............................................................. DKK 26.65
A prescheduled day off duty may not be staggered for a period in
excess of 4 weeks unless otherwise agreed at the local level.
16. If an employee’s prescheduled day off duty which falls on a
weekday is cancelled, for work on that day he/she shall be entitled
to a collectively agreed allowance for work on a guaranteed
weekday day off.
Local agreements
17. In addition to the application of the provisions of the present
section, agreements may be concluded at the local level so as to
meet the specific needs of the company with respect to the
arrangement of working hours, shift work and meal breaks as well
as the settlement of payments over a period of time. Such
agreements shall be made in writing.
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Chapter 5
Provisions with regard to time-based wage rates
§ 21 Adult employees
1. The minimum hourly wage rate for drivers and asphalt workers
shall be as follows from the beginning of the pay week which
includes:
1 March 2014 ............................................................. DKK 121.80
1 March 2015 ............................................................. DKK 123.45
1 March 2016 ............................................................. DKK 125.25
2. The term “drivers” refers to employees who primarily work as roller
machine drivers, lorry drivers with HGV licences, drivers of tractors
with loading and soil excavation tools, drivers of flatbed trailers and
lorries with trailers for which special driver’s licences are required,
drivers of excavators, heavy soil equipment, mobile cranes and
construction cranes.
3. The term “asphalt workers” refers to employees who primarily work
with transport and manufacture of bituminous road surface
materials (including cleaning and repair works).
§ 23 Roofing works
1. The minimum hourly wage rate for roofers shall be as follows from
the beginning of the pay week which includes:
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1 March 2014 ............................................................. DKK 124.20
1 March 2015 ............................................................. DKK 126.00
1 March 2016 ............................................................. DKK 127.95
2. The above specified rates apply to all repairs, minor roofing and
coating works, outside work, removal of bulges, drying, snow
removal, etc., not performed as piece work. The rates are equal to
the minimum hourly wage rate specified in § 21 minus DKK 2.75 +
9%.
§ 24 Gardeners
The minimum hourly wage rate for new employees with no industry
experience, for the first 3 months of employment, shall be as
follows from the beginning of the pay week which includes:
1 March 2014 ............................................................. DKK 111.20
1 March 2015 ............................................................. DKK 112.85
1 March 2016 ............................................................. DKK 114.65
§ 26 General provisions
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occurred.
3. Individual wage rates may be renegotiated once per collective
agreement year.
4. It has been agreed that hourly wage rates at a workplace shall be
influenced by the lack of – or very limited availability of – piece work
or other performance-based remuneration systems.
5. The organisations have agreed that the distribution of wage rate
variations shall be subject to systematic evaluation by the company
so that due consideration is given e.g. to each employee’s skills,
experience, training and performance at work, just as due
consideration should also be given to the demands that the work
puts on the employee, including any special nuisance associated
with the performance of work.
6. Employees who perform particularly dirty work shall be entitled to
claim an allowance therefore if due consideration has not been
given to this circumstance when determining the wage rate. If an
agreement cannot be reached, the case may be submitted for
resolution in accordance with the Procedure for the settlement of
industrial disputes.
§ 27 Weather conditions
Day and night duty shall be paid at the minimum rate applicable at
the given time, cf. § 21, unless otherwise agreed at the local level.
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§ 29 Welfare arrangements – non-permanent workplaces
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the employees may demand to be paid shelter money rate 2 from
the day the complaint was raised in writing until the day the
conditions are rectified.
9. Disputes within the scope of para. 8 shall be resolved in
accordance with the Procedure for the settlement of industrial
disputes.
10. Any shortcomings as described in para. 6 and para. 8 shall be
rectified by the company within 5 working days of the date of
information meeting, respectively of the date on which the
complaint was raised in writing. Otherwise the dispute may be
submitted for resolution in accordance with the industrial dispute
settlement procedure.
11. If the period of execution of the work does not exceed 3 working
days or 6 man-days and the company does not make suitable toilet
and eating facilities available, employees may demand shelter
money rate 1.
Shelter money
12. Shelter money rate 1 per employee per day amounts to DKK
57.50. Shelter money rate 2 per employee per day amounts to
DKK 90.00.
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Chapter 6
Special provisions
§ 30 Kilometre allowance
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The following shall apply to companies that were previously
subject to the Collective Agreement for the Construction and Civil
Engineering Sectors between SiD and BYG:
§ 31 On-call duty
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The following shall apply to companies that were previously
subject to the Collective Agreement for the Construction and Civil
Engineering Sectors between SiD and BYG:
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Chapter 7
Payment of
wages
§ 34 Payment of wages
Payment day
1. Payment of wages through banks, etc., may be made on Fridays.
2. Payment in cash or by cheque shall be made on Thursdays, as far
as possible before the end of the working hours.
Public holidays
3. If Thursday is a public holiday, payment must be made on the
preceding working day.
Suspension of work due to poor weather conditions, etc.
4. If work has been suspended due to poor weather conditions or
other circumstances beyond the control of the company, payment
may not be demanded until the following normal pay day.
Holidays
5. If a pay day falls during the employee’s holidays, wages shall be
paid on the first Thursday or, if applicable, Friday after the holidays.
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Upon employment and dismissal
6. Employees dismissed by the company or its representative are not
entitled to receive their wages until the first following ordinary pay
day.
7. Upon dismissal, the employees dismissed by the company or its
representative must be able to present documentation for the
number of hours that they worked, irrespective of whether they
were paid for piece work or by the hour.
Payment of advances
8. Payments due for piece work advances on wages fall on wage pay
days. Requests for such advances must however be submitted 1
week prior to the pay day.
Payment of piece work surplus
9. Payment of piece work surplus which is not subject to dispute shall
be made on the first ordinary pay day following the end of the
settlement period in which the protest deadline fell unless
otherwise agreed at the local level.
10. Payment of piece work surplus which was subject to dispute shall
be made on the first ordinary pay day following the end of the
settlement period in which the dispute was finally resolved.
Uncollected piece work surplus
11. Uncollected piece work surplus shall be sent to the local branch of
the federation.
§ 35 Payslips
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- kilometre allowance
- ATP contribution
- pension contribution
- allowances for the first, second and third day of
unemployment.
Electronic payslips
2. Companies may submit payslips regarding past or present
employment by available electronic means of communication, e.g.
e-Boks or e-mail, with releasing effect.
3. Should the company wish to make use of this option, it may do so
upon 3 months’ prior notice to its employees unless otherwise
agreed. After the expiry of the notice period, the employees who
are unable to collect their payslips electronically will be provided
with the relevant documents upon request to the company.
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Chapter 8
Performance-related pay
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§ 37 Piece work rules
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Information to the work team
7. If information on the employment and work conditions of a work
team is given to the team’s representative, the latter is obliged to
pass it on to the team. Such information shall be considered as
having been brought to the team’s knowledge.
Negotiations with regard to the basis for payments under the piece
work system, bonus schemes, performance-related incentives and
other remuneration schemes which aim to boost productivity may
be held maximum once in a collective agreement year.
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Deviations
3. If deviations from the values specified in data sheets occur during
the execution of works covered thereby, reduction or increase of
time limits stipulated in the data sheets must be negotiated.
4. If no agreement is reached, any of the parties may demand the
reduction or increase of time limits in accordance with the Rules for
the settlement of industrial disputes.
5. Reduction or increase of time limits ordered by way of industrial
dispute settlement procedure (or industrial arbitration procedure)
may become subject to revision by way of a new arbitration
procedure if so required by any of the organisations.
New data sheets
6. The organisations unanimously agree to expand the basis for
payment for works which may be carried out under the piece work
system by means of developing new data sheets within appropriate
scope.
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3. Upon concluding agreement on piece work which lies outside price
schedules and data sheets, all provisions and special conditions for
carrying out the work should be written down in advance and
signed by the parties or their representatives. Such provisions and
conditions may not be questioned by the employees who are later
taken on for the work.
4. If agreement cannot be reached on terms and conditions for
carrying out the work under the piece work system, the work shall
be performed on an hourly basis according to the stipulations on
hourly pay.
5. Disputes regarding terms and conditions of piece work may be
resolved in accordance with the Procedure for the settlement of
industrial disputes, but not by way of industrial arbitration unless
the organisations agree to do so.
6. Disputes regarding the execution of work under the piece work
system may not be cause for work stoppage.
§ 43 Minute factors
1. From the beginning of the pay week which includes 1 March 2014
the rates shall be as follows (excluding the regular hourly
allowance):
In Copenhagen and North Zealand, Zones 1 and 2 ..... 211.80 øre
In the provinces ............................................................198.15 øre
From the beginning of the pay week which includes 1 March 2015
the rates shall be as follows (excluding the regular hourly
allowance):
In Copenhagen and North Zealand, Zones 1 and 2 ..... 215.80 øre
In the provinces ............................................................202.15 øre
From the beginning of the pay week which includes 1 March 2016
the rates shall be as follows (excluding the regular hourly
allowance):
In Copenhagen and North Zealand, Zones 1 and 2 ..... 219.80 øre
In the provinces ............................................................206.15 øre
Regular hourly allowance
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Unless otherwise agreed, an addition of DKK 25.50 applies to each
piece work hour.
Special provisions with regard to roofing works
2. From the beginning of the pay week which includes 1 March 2014
the rate is (including the regular hourly allowance) ..... 248.73 øre
From the beginning of the pay week which includes 1 March 2015
the rate is (including the regular hourly allowance) ...... 252.73 øre
From the beginning of the pay week which includes 1 March 2016
the rate is (including the regular hourly allowance) ...... 256.73 øre
The capital city
The minute factor for work performed in the capital city, i.e. within
the area shaped as a circle with the centre at Rådhuspladsen
/Town Hall Square/ and a radius of 27 kilometres, is equal to the
currently applicable minute factor for the provinces + 6.4 øre a
minute.
The minute factors include the regular hourly piece work allowance
of DKK 25.50.
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Work under the piece work system in connection with conducting
time and motion studies
4. When conducting time and motion studies in order to determine the
time necessary to perform individual work tasks for use as a
calculation basis for the piece rates for the employees who carry
out the given work, the minute factor agreed from time to time
between the organisations minus 10% shall be paid in advance.
5. Once the piece work calculations have been completed, payment
shall be made according to the above mentioned rules.
The following percentage allowances shall be taken into account
when calculating advances.
If 15% or less of the anticipated number of units has been
completed, the following is added to the basic time for the
completion of the given number 40%
If more than 15% but less than 25% has been completed 30%
If more than 25% but less than 35% has been completed 25%
If more than 35% but less than 45% has been completed 20%
If more than 45% but less than 55% has been completed 15%
If more than 55% but less than 65% has been completed 10%
If more than 65% but less than 75% has been completed 5%
§ 45 Demand for a piece work agreement for tasks which are not included in
price lists and schedules
1. Any demands for payment for tasks which are not included in piece
work lists, price lists and schedules and data sheet must be put
forward as early as possible during the course of work.
2. If a representative of the employees submits a written demand for
a piece work agreement to the company or its representative, the
company shall respond thereto in writing within 6 working days.
3. Once the company has submitted its bid, cf. para. 2, in reply to the
demand, the employees shall respond thereto in writing within 6
working days.
4. If the deadline mentioned in para. 2 or para. 3 is not met, the
demand or bid, respectively, shall be regarded as accepted.
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5. The deadlines shall be regarded as having been met if the demand
or bid, respectively, was sent by registered mail prior to their expiry
or if it can indisputably be proven that such demand or bid came
into the possession of the counterparty prior to the expiry of the
deadlines.
6. Disputes between the company and the representative of the
employees regarding the demands and bids, respectively, shall be
resolved in accordance with the Procedure for the settlement of
industrial disputes.
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the date of payment.
Objections to accounts
7. The company may raise objections to the accounts presented by
the employees. Objections shall be submitted in writing to the
employees within 6 working days of the receipt of the accounts by
the company, but at the earliest 10 working days of the completion
of the works.
8. Saturdays are not included in a 5-day working week.
9. The deadline for raising objections to the accounts shall be
regarded as having been met if the objections were sent by
registered mail prior to the expiry of such deadline.
10. If it is indisputable that the accounts were sent by a local
measurement company, objections may be submitted to such
company instead of the employees.
11. The points and amounts which cannot be accepted must be
specified in the objections. If the deadline for raising objections is
not met, the accounts shall be considered as approved.
12. If the company or employee have announced aggregate (main)
holiday, the deadlines shall be prolonged for a period of the
holiday.
Dispute resolution
13. Within 2 weeks of the expiry of deadline for raising objections
14. the company and the employees shall undertake negotiations with
regard to the disputable amounts.
15. If no agreement is reached by way of negotiations, the dispute
shall be resolved in accordance with the Procedure for the
settlement of industrial disputes.
16. However, written request for mediation must be submitted within 6
weeks of the expiry of deadline for raising objections. Otherwise
the disputable part of the claim shall become void.
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Special provisions
Team foreman
17. If a team foreman employed by the company takes part in the
execution of piece work tasks, any allowance he/she may have in
addition to his/her ordinary hourly rate is not considered as paid
hourly wage when piece work accounts are being settled.
18. If the company imposes extra work on the team foreman over and
above managing the piece work team and executing the piece
work tasks, the company shall keep the piece work team
indemnified against any financial damage.
Quantitative discrepancies
19. If the given piece work is based on piece work studies and the
employees, due to reasons attributable to the company, complete
fewer or more units (repetitions) than it was assumed, the
anticipated basic time shall be adjusted according to the rules in
“Guideline Time Schedules” in connection with the settlement of
piece work accounts.
20. Disputes regarding the adjustment of basic time due to deviations
from the anticipated values shall be resolved in accordance with
the Procedure for the settlement of industrial disputes.
Work interruption
21. If work is to be interrupted for a period exceeding 3 weeks, the
employees shall be entitled to the settlement of piece work
accounts within 10 days thereof.
22. Overtime allowance, allowance for night work and for work on
Sundays and public holidays is not considered as paid hourly wage
when piece work accounts are being settled.
§ 47 The use of time and motion studies and guideline time schedules
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2. The purpose of the agreement is to improve productivity.
Productivity can be increased by discovering:
- the most suitable working methods under the conditions
- a reliable basis for establishing time necessary for the
performance of piece work tasks, and there is unanimity as to
the fact that time and motion studies are a necessary tool in
respect thereto.
3. Through the agreement the organisations pledge their support for
both the organisations’ and the individual companies’ efforts for the
use of time and motion studies.
Guideline time schedules
4. Fagligt Fælles Forbund and Dansk Byggeri have concluded an
agreement on developing data sheets for guideline time limits for
specified and normally occurring work tasks performed with the use
of mechanical equipment and according to methods which are not
provided for in piece work lists.
The texts of the said agreements are available upon request to the
organisations.
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The following shall apply to companies that were previously subject
to the Collective Agreement for the Construction and Civil
Engineering Sectors between SiD and BYG:
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Chapter 9
Pensions
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The contribution amounts to:
per month ........................................................ DKK 1,680.00
per hour .............................................................DKK 10.50
As of 1 July 2014 the contribution amounts to
per month ........................................................... DKK 2,040.00
per hour ............................................................. DKK 12.75
The company pays 2/3 and the employee 1/3 of the contribution.
Health scheme
7. Companies which until present have not had a health scheme
approved by the organisations, shall establish a health insurance
scheme with PensionDanmark.
8. Health insurance contribution is 0.15% of the employee’s
remuneration (which constitutes calculation basis for holiday pay)
plus holiday pay and pay for public holidays which fall on
weekdays. The contribution is payable by the company and
transferred together with pension contributions.
9. The health scheme shall comprise telephone counselling in case of
need for emergency psychological aid, addiction counselling or a
guide to the health service sector.
10. The scheme must also comprise treatment by physiotherapists,
chiropractors or masseurs for work-related problems with joints,
muscles and tendons, as well as fast diagnostics.
11. The companies may, with prior consent of the parties, terminate
the health insurance scheme with PensionDanmark upon a 3
months’ notice provided that they join another health scheme which
is at least equivalent to the scheme of PensionDanmark.
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Chapter 10
Sickness, child's first sick day, etc.
Duration
1. The company shall pay wages during the employee’s absence
caused by sickness for a period of up to 4 weeks starting from the
first whole day of absence.
The company shall pay wages during the employee’s absence
caused by injury for a period of up to 8 weeks starting from the
first whole day of absence.
Relapse
2. If the employee, within 14 calendar days of returning to work after
the first period of sickness, suffers a relapse and again becomes
absent due to the same sickness, the 4- or 8-week period,
respectively, in which the company pays wages to the employee,
shall be counted from the first day of absence during the first
absence period.
Sick pay entitlement
3. The employee must have been continuously employed by the
company for at least 3 months and must fulfil the requirements of
the Sickness Benefit Act /Sygedagpengeloven/ as to the right to
receive sickness benefit from the employer.
Seniority
4. Seniority requirement for employees who work at non-permanent
workplaces shall be regarded as having been met if the employee
has had a total of 3 months’ employment within the last 18 months.
Injury during working hours
5. The seniority requirement specified in para. 3 does not apply to
absence due to injury suffered at the company during the course of
work.
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The condition that the employee should be entitled to sickness
benefit pursuant to the provisions of the Sickness Benefit Act still
applies.
Seniority during training
6. Apprentices shall have achieved 3 months’ seniority if they
undertake employment in the same company after their training
period.
Interruption of seniority
7. Seniority at the company shall not be considered to be interrupted
in connection with:
- sickness of up to 3 months
- call-up for military service (but only up to 3 months)
- maternity leave
- work interruption due to machinery breakdown, shortage of
materials, etc., provided that the employee resumes the work
when given the possibility by the company.
Payment
8. Sick pay consists of sickness benefit which the employee is entitled
to, supplemented up to full pay, but to no more than the following
total amounts per hour from the beginning of the pay week which
includes:
1 March 2014 .......................................................... DKK 138.00
1 March 2015 .......................................................... DKK 139.50
1 March 2016 .......................................................... DKK 141.00
and for no more than 37 hours a week.
Calculation of sick pay
9. Sick pay is calculated as the employee’s expected loss of earnings
per working hour in the period of absence, including systemically
occurring inconvenience allowances.
10. If the expected loss of earnings per hour is not known, sick pay
shall be calculated based on the employee’s earnings during the
last 4 weeks prior to the absence, including systematically
occurring inconvenience allowances but not irregular payments
which are not related to the work performed during the period.
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11. If the number of working hours in the preceding 4-week period is
not known, the number of hours shall be calculated pursuant to the
provisions of the Sickness Benefit Act and sick pay – for no more
than 37 hours a week – shall be calculated by multiplication of the
number of hours by DKK 138.00/139.50/141.00 respectively.
Sickness/accident during the course of a working day
12. If an employee becomes unable to work due to falling sick or
suffering from an accident during the working day, the company
shall pay the employee’s personal hourly wage for the rest of the
day.
13. If the employee performs piece work, the company shall pay the
applicable sickness benefit for the relevant number of hours.
Agreements pursuant to section 56
14. If an agreement pursuant to section 56 of the Sickness Benefit Act
has been concluded with the employee, the company shall solely
pay sickness benefit in accordance with the provisions of the said
Act unless the absence is due to another sickness than the one
which is covered by the agreement.
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off if it is necessary for the employee to stay in hospital together
with his/her child. The rule applies to children under 14 years of
age.
2. The time-off is granted only to one of the holders of parental
responsibility over the child and only for a total of up to 1 week per
child during a 12-month period.
3. Upon request of the company, the employee shall present
documentation for hospital admission.
4. For the time-off the employee shall receive the same pay as for the
time of absence caused by his/her own sickness.
§ 54 Childbirth
Pregnancy/maternity leave
1. Employees who at the expected time of childbirth will have had a
total of 6 months’ employment within the last 18 months, shall
receive pay from the company during absence related to childbirth
in the period from 4 weeks before the expected time of birth until 14
weeks after the birth (pregnancy leave/maternity leave).
2. Adoptive parents shall receive pay from the company during
absence related to adoption in the period of 14 weeks starting from
the reception of the child.
Paternity leave
3. Subject to the above mentioned rules employees on paternity leave
shall be paid for a period of up to 2 weeks.
Parental leave until 1 July 2014
4. Subject to the above mentioned rules employees on parental leave
shall be paid for a period of up to 11 weeks.
Each of the parents is entitled to 4 out of the above mentioned 11
weeks.
If the parent does not take the leave which he/she is entitled to,
the payment shall not be due.
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The remaining 3 weeks of parental leave may be taken either by
the mother or by the father of the child. The whole 11-weeks’
leave shall be taken within 52 weeks of the child's birth.
Unless otherwise agreed, the parent must inform the company
about his/her decision to take parental leave with a 3-weeks
notice. The leave of each of the parents may be split into no
more than parts unless otherwise agreed.
Parental leave after 1 July 2014
5. Subject to the above mentioned rules employees on parental leave
shall be paid for a period of up to 13 weeks. Each of the parents is
entitled to 5 out of the above mentioned 13 weeks.
If the parent does not take the leave which he/she is entitled to,
the payment shall not be due.
The remaining 3 weeks of parental leave may be taken either by
the mother or by the father of the child.
The whole 13-weeks’ leave shall be taken within 52 weeks of the
child's birth. Unless otherwise agreed, the parent must inform the
company about his/her decision to take parental leave with a 3-
weeks notice.
The leave of each of the parents may be split into no more than 2
parts unless otherwise agreed.
Payment
6. Payment for the above mentioned leave periods is equivalent to
the wages which the employee otherwise would have received
during the period, but to no more than the following total amounts
per hour from the beginning of the pay week which includes:
1 March 2014 ........................................................... DKK 138.00
1 March 2015 ........................................................... DKK 139.50
1 March 2016 ........................................................... DKK 141.00
The amounts include the statutory maximum benefit rate.
7. The payment is subject to the condition that the company will be
entitled to reimbursement equivalent to the statutory maximum
benefit rate. If the reimbursement is lower, the payment to the
employee will be proportionally reduced.
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§ 55 Sick care days
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Chapter 11
Provisions on holiday leaves and national holidays
§ 56 Holiday entitlement
§ 57 Taking holidays
1. Holiday leave must be taken in the year following the one in which it
is accrued. The year for taking holiday leave (“holiday year”) runs
from 1 May to 30 April.
2. Holiday leave starts at the beginning of normal working hours on the
first day of the employee’s absence and terminates at the end of the
working hours on the last day.
3. If holiday leave is taken in the form of whole weeks, it terminates at
the beginning of normal working hours on the first normal working
day after the end of the holiday.
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Main holiday
4. Main holiday shall be taken in the form of an unbroken period of at
least 15 days in the period from 1 May to 30 September (“holiday
season”).
5. If an employee has accrued less than 15 days holiday, the whole
accrued holiday shall be the main holiday.
6. At the local level it may be agreed that the main holiday is taken
outside the holiday season, but at least 10 days must be granted as
a continuous period.
Residual holiday
7. The remaining days of holiday (“residual holiday”) may be taken
outside the holiday season, but at least 5 days must be granted as a
continuous period. If the total number of the remaining days of
holiday is less than 5, they all must be taken as a continuous period.
If desired for the company’s operational reasons, the residual
holiday may be taken in the form of single days.
Placing holidays
8. The company determines when holidays should be taken by way of
negotiations with the employees.
9. The employees’ wishes for the placing of holidays, including wishes
for the main holiday to be taken during summer school holidays of
the employees’ children, should be accommodated to the greatest
possible extent.
10. The company informs the employees when the holidays are to be
taken as early as possible in advance, giving at least 3 months’
notice of the start of the main holiday and at least 1 month’s notice
of the start of residual holidays unless special circumstances render
it impossible.
Rescheduling of holidays
11. The company may change the dates of previously scheduled
holidays if necessary due to significant, unpredictable operational
considerations.
12. Employees must be compensated for any financial losses that such
changes may entail.
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13. Holidays which already have started cannot be postponed.
Collective holiday closure
14. If the company is closed for holidays, the employees who are not
entitled to accrued holiday for all of the days the company is closed
for, cannot claim compensation on the grounds of the closure.
Collective holiday closure between Christmas and New Year
15. If the company is closed on working days between Christmas and
New Year, the company shall decide, cf. provisions on the placing of
holidays, that employees who have accrued more than 15 days of
holiday leave shall take holidays during this period.
16. If the company does not schedule holidays between Christmas and
New Year, the company must pay wages to the employees for the
days concerned.
17. The wages shall be calculated based on the employee’s normal
wages in the last 4 weeks before Christmas.
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Sickness during collective holiday closure
2. If an employee falls sick during collective holiday closure of the
company, after 5 days of sickness the employee shall be entitled
to compensatory holiday upon the presentation of medical
certificate. The right to compensatory holiday is subject to the
condition that the employee has reported sickness to the
company in the ordinary manner.
Recovery during collective holiday closure
3. If an employee who had fallen sick prior to the beginning of a
collective holiday closure reports back to work during the
closure, the employee shall resume work and shall be entitled to
have his/her holiday leave postponed to another date.
4. If the employee cannot be offered employment during the
period, his/her holiday leave shall be considered to have started
at the time of reporting back to work unless otherwise agreed.
5. The holiday which the employee has been prevented from taking
by his/her sickness shall be taken immediately after the
originally scheduled holiday unless otherwise agreed.
§ 59 Transfer of holidays
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resignation.
6. If an employee, because of sickness, maternity leave,
adoption leave or other absence due to a leave is prevented
from taking his/her holiday, the employee and the company
may agree to transfer the holiday to the following year,
irrespective of the number of transferred holiday days in
general. Such agreement shall be are entered on the same
terms as described above.
7. Holidays to the extent corresponding to transferred holiday
may not be placed so they are taken during a period of notice,
unless the holidays pursuant to the above mentioned
agreement are placed to be taken in the notice period.
§ 60 Holiday allowance
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Copenhagen The provinces
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§ 61 Holiday card scheme
1. The company shall issue a holiday card for the past holiday earning
year to the employee at the latest by 15 February.
2. The holiday card must specify the employee’s name and address,
the wages he/she has received, the associated holiday allowance
and the number of holiday days, deduction of tax at source and the
amount of holiday allowance per one day of holiday leave.
One of the standard holiday cards which have been approved by
the organisations shall be used.
3. If the employee has not received other documentation for accrued
holiday allowance, upon termination of employment the company
shall issue a certificate with information about the employee’s
accrued holiday allowance and the number of accrued days of
holiday leave.
4. An employee who has received a provisional certificate for
outstanding holiday pay and holiday entitlement is obliged to inform
the company of any changes of his/her address.
Electronic holiday cards
5. Companies may submit holiday cards regarding past or present
employment by available electronic means of communication, e.g.
e-Boks or e-mail, with releasing effect.
6. Should the company wish to make use of this option, it may do so
upon 3 months’ prior notice to its employees unless otherwise
agreed. After the expiry of the notice period, the employees who are
unable to collect their holiday cards electronically will be provided
with the relevant documents upon request to the company.
Payslip as holiday card
7. In companies which do not use holiday cards, the employees
receive a holiday allowance specification with information about the
amount and the number of days of holiday leave, at the end of the
year or upon termination of employment.
8. The said specifications shall be detailed and contain at least the
following data:
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- wages which constitute calculation basis for holiday pay
- pension contribution to PensionDanmark
- AM contribution /Arbejdsmarkedsbidrag, labour market
contribution/
- tax deducted at source
- ATP contribution
and other available pay processing information.
9. Furthermore, the pay specification must also contain relevant
details about holiday allowance, allowance for public holidays which
fall on weekdays, floating holiday allowance and the number of
accrued and taken days of holiday leave.
Attestation of holiday cards
10. Employees who are in work or are serving military service endorse
their holiday card with the holiday period, the date the holiday
begins, the number of holiday days to be taken and the amount of
the corresponding holiday allowance.
11. If the employee has no work at the time the holiday is to be taken,
the holiday card must be endorsed by the unemployment insurance
fund (if he/she is receiving benefits from the fund) or by the social
services department of the relevant municipality.
Issue of residual holiday card
12. If an employee does not take the whole of the holiday he/she has
accumulated as a continuous period, the company which has
issued the holiday card shall pay the amount corresponding to the
holiday. A new holiday card must be issued for the residual amount.
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Payment of holiday allowance without holidays being taken
3. Holiday allowance shall be paid without the holiday actually being
taken in the circumstances which are enlisted below.
The employee leaves the labour market
4. Holiday allowance for the preceding and the current holiday
earning year shall be paid to the employee if the employee leaves
the labour market due to his/her age or the state of health, or if the
employee moves permanently abroad and this is notified in the
Civil Registration System.
Holiday allowance of DKK 750.00 or less upon termination of
employment
5. Holiday allowance may be paid out to the employee upon
termination of employment if the amount is DKK 750.00 or less
after the deduction of income tax and AM contribution.
The company may not pay out holiday allowance based on the
present paragraph to the same employee more than twice in any
one holiday earning year.
Holiday allowance of DKK 1,500.00 in total
6. Holiday allowance for the holiday earning year shall be paid to the
employee at the beginning of the holiday year irrespective of
whether the holiday is taken if the amount is DKK 1,500.00 or less
after the deduction of income tax and AM contribution.
If an employee wishes to receive holiday allowance without taking
the holiday, cf. above, he/she must sign his/her holiday card and
submit it to the company together with documentation proving that
the conditions for the payment of holiday allowance have been met.
The employee is unable to take holiday
7. Employees who, due to military service, sickness, childbirth,
residence abroad, commitment to prison or other forced
institutionalisation, undertaking self-employment or work at home,
are prevented from taking a part or the whole of their holiday leave
shall after the end of the holiday season but before the end of the
holiday year receive their holiday allowance without taking the
holidays.
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Death
8. In the event of death, holiday allowance becomes part of the estate
of the deceased.
Prior to the payment of holiday allowance, the employee’s holiday
card must be attested and supplied with information about the
occurrence of the above mentioned circumstances.
Holiday allowance which has not been collected by the employee before the
end of the holiday year (30 April) shall be paid to the employee in the
circumstances which are enlisted below.
Holiday allowance under DKK 2,250.00
1. If the total amount of uncollected holiday allowance, holiday wages
and possible holiday supplement is less than DKK 2,250.00 after the
deduction of income tax and AM contribution, the company shall pay
holiday allowance to the employee at the end of the holiday year (30
April).
The employee shall receive the payment no later than 15 June.
Holiday allowance under DKK 3,000.00 for holiday which has been
taken
2. If holiday allowance for holiday which has been taken amounts to
DKK 3,000.00 or less after the deduction of income tax and AM
contribution, and has not been collected by the employee by the end
of the holiday year (30 April), the allowance shall be paid by the
company upon written request from the employee submitted on a
form approved by the Agency for Labour Market and Recruitment.
Uncollected holiday allowance for employees whose employment has
been terminated
3. Holiday allowance which had not been collected by the employee
before the end of the holiday year and which had accrued during the
period of employment which was terminated at the latest at the end
of the holiday year (30 April) shall be paid out by the company
irrespective of the amount upon written request from the employee
submitted on a form approved by the Agency for Labour Market and
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Recruitment.
Holiday allowance for the fifth holiday week
4. Holiday allowance which had not been collected by the employee
before the end of the holiday year (30 April) or holiday wages and
holiday supplement which had not been collected by the employee
before the end of the holiday year, and which relate to accrued
holiday entitlement for employment exceeding 9.5 months’ duration
in total in a single holiday earning year (fifth holiday week), and
which have not been transferred to the following year in accordance
with the provisions of § 59 of the Collective Agreement, shall be paid
out by the company upon written request from the employee
submitted on a form approved by the Agency for Labour Market and
Recruitment.
Loss of right to payment
5. The right to payment of uncollected holiday allowance, cf. para. 2, 3
and 4 expires if the employee fails to submit written request on a
form approved by the Agency for Labour Market and Recruitment at
the latest on 30 September in the calendar year in which the holiday
year ended. The amount is transferred to the holiday fund, cf. § 65.
§ 64 Special provisions
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made an application to the management of the Agency for
Labour Market and Recruitment.
Renouncement of holiday rights
3. Employees may not by agreement renounce their rights to
holiday, holiday allowances or holiday pay.
Set-off and withholding
4. The company may offset relevant amounts against an
employee’s holiday allowance if the employee has infringed the
law during his/her employment at the company, provided that
the employee has admitted to committing the unlawful act or it
has been proven in a court of law, and the company’s claim is
due and duly documented.
The company may withhold an amount equivalent to the
counterclaim until the case has been settled, if the company has
brought civil action against the employee, submitted the case for
resolution by way of industrial dispute settlement procedure or if the
employee’s offence has been reported to the police or the employee
has been charged.
Work during holiday
5. If an employee takes on paid work during his/her holiday, the
management of the Agency for Labour Market and Recruitment
may demand the employee’s holiday allowance, holiday wages
and holiday supplement for a part or the whole of the holiday
leave be transferred to the holiday fund.
Dispute resolution
6. Disputes concerning the provisions on holiday leave, holiday
cards and holiday fund shall be resolved in accordance with the
procedure for the settlement of industrial disputes.
Guarantee for the payment of holiday pay
7. The organisations have agreed that holiday pay is a part of each
employee’s wages and, should the employee not receive the
pay upon his/her request, Dansk Byggeri shall guarantee that
the payment be made.
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However, this applies only to the amounts, to which the employee
became entitled to in the period up to 14 days of the date on which
Dansk Byggeri by recommended mail informed the federation of the
expiry of the given company’s membership or of the initiation of
bankruptcy proceedings.
Payment shall be made to Fagligt Fælles Forbund, once Dansk
Byggeri has received a due claim from Fagligt Fælles Forbund, i.e.
the relevant holiday card or other documentation for entitlement to
holiday pay. Then Fagligt Fælles Forbund shall settle the accounts
with the member(s) concerned.
If payment is made by Dansk Byggeri, Fagligt Fælles Forbund is
obliged to assign the claim to Dansk Byggeri on behalf of its
members.
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§ 66 Payment for public holidays which fall on weekdays and senior
agreements
Accrual
1. Payment for public holidays which fall on weekdays and for floating
holidays amounts to 7.20% of the employee’s total wages which
constitute calculation basis for holiday pay, including collectively
agreed sick pay.
From the beginning of the pay week which includes 1 March 2015
the rate shall be increased to ..............................................7.60%
From the beginning of the pay week which includes 1 March 2016
the rate shall be increased to ..............................................7.90%
The rates include holiday allowance of the payment for public
holidays which fall on weekdays and for floating holidays.
Payment
2. The accrued amounts are partly paid out as an advance for the
particular public holidays which fall on weekdays and floating
holidays and partly as a residual payment.
Advance payments until 1 March 2015
3. The amounts of advance payments per day are:
DKK 900.00 for adult employees
DKK 550.00 for adolescent employees (but no more than an
equivalent of the employee’s full personal wages).
Advance payments after 1 March 2015
4. The amounts of advance payments per day are:
DKK 1,000.00 for adult employees
DKK 600.00 for adolescent employees (but no more than an
equivalent of the employee’s full personal wages).
Public holidays include:
New Years Day, Maundy Thursday, Good Friday, Easter Monday,
Whit Monday, Great Prayer Day /Store Bededag/, Ascension Day,
Constitution Day (5 June) and Christmas Day and Boxing Day.
The advance payments are due for public holidays which fall on
work-free Saturdays and weekdays, but not on Sundays.
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The company and employees may agree on other amounts of
advance payments than the above specified.
Payment of advances
5. Advances shall be paid together with wages for the pay period in
which the public holiday(s) or floating holiday(s) fall.
If payment cannot be made due to holiday leave or closure, the
advance shall be paid on the first following pay day.
Right to advance payment
6. Employees become entitled to the accrual of payment as stipulated
in para. 1 and to advances specified in para. 3 immediately upon
employment.
However, no amount greater than that deposited on the individual
employee’s holiday account for public holidays which fall on
weekdays and for floating holidays at the given time may be paid
out as advance for a floating holiday.
With respect to payment for public holidays which fall on weekdays
it is assumed that the paid-out advances have coverage if they may
be offset against the employee’s wages due on the termination of
employment.
Residual payment
7. Each employee’s holiday account for public holidays which fall on
weekdays and for floating holidays is balanced off once a year in
connection with closing payroll accounts for pay week 52 and
calculating income tax.
Any surplus on the account shall be paid out at the latest on the first
pay day in January unless the employee before 30 November made
a request for the transfer of the residual amount, or a part thereof,
to his/her pension fund as extraordinary pension contribution.
Advance payment for 1 January is allocated to the holiday account
for public holidays which fall on weekdays and for floating holidays
for the previous calendar year.
Any deficit on the account constitutes the employee’s debt to the
company which may be offset against outstanding wages.
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Termination of employment
8. Any surplus or deficit on the employee’s individual holiday account
for public holidays which fall on weekdays and for floating holidays
shall be settled upon the termination of employment.
Work on public holidays
9. In case of work on public holidays the employee shall be entitled
to the above mentioned advance payment and to the collectively
agreed wages.
Senior agreements
10. In the period up to 5 years prior to the beginning of the calendar
year in which the employee is going to retire, based on a local
written agreement, up to 10% of pension contribution which
constitutes 12% of wages, cf. § 50, may be transferred to the
employee’s holiday account for public holidays which fall on
weekdays and for floating holidays.
11. Additionally, in the calendar years in which the employee becomes
entitled to payment for public holidays which fall on weekdays, it
may be agreed to reduce his/her working hours or to grant extra
floating holidays. Such extra floating holidays may not however
cause a deficit on the employee’s holiday account.
12. Advance payment for public holidays shall be made in accordance
with the provisions of para. 3.
13. The present scheme becomes part of the Collective Agreement
provided that it will be possible to keep the accrued funds secure
in case of bankruptcy. If there is certainty that the funds will be
covered by LG /Lønmodtagernes Garantifond, Employees’
Guarantee Fund/, Dansk Byggeri will be able to pay the
outstanding amounts within the frame of the holiday guarantee
scheme.
14. Hitherto adopted senior agreement schemes remain in force
without alterations.
Death
15. In the event of death, the accrued payment for public holidays
which fall on weekdays and for floating holidays becomes part of
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the estate of the deceased.
Guarantee
16. Dansk Byggeri shall guarantee the payment for public holidays
which fall on weekdays and for floating holidays on the same
terms and conditions as the ones which apply to holiday
allowances, but only for the part which concerns outstanding
receivables of employees upon termination of employment.
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Chapter 12
Cooperation
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of Fagligt Fælles Forbund only.
6. Apprentices may not be elected as shop stewards. Apprentices,
including adult apprentices, have the right to vote for shop steward
in the branch of the company in which they are employed when the
election takes place.
Training of shop stewards
7. Newly elected shop stewards are offered training of 2 x 2 days’
duration and are entitled to participate in the training within the first
18 months following their election.
The company shall compensate shop stewards for the loss of
earnings sustained due to participation in the training.
Spokesperson
8. Whenever a shop steward is absent because of sickness, holiday,
participation in training, etc., a spokesperson shall be appointed as
a temporary substitute. The appointment shall not be valid until the
company has been informed thereof in writing. Such appointed
spokesperson shall in the period of his/her duty enjoy the same
protection as the elected shop steward provided that he/she fulfils
the above mentioned conditions for being elected as shop steward.
Shop steward’s obligations
9. It is an obligation of each shop steward towards his/her
organisation and company to make all efforts to ensure and
facilitate good cooperation at the workplace. However, in the
performance of his/her duties, the shop steward is not allowed
unnecessarily to neglect his/her work. It should also be a rule that
any joint shed meetings as far as possible are held outside working
hours. The fulfilment of shop steward’s obligations should not inflict
expenses on the company unless these are an immediate
consequence of instructions given by the company.
Shop steward’s tasks
10. Upon request from one or more colleagues, the shop steward is
obliged to submit their complaints and wishes to the company, but
only if the particular issue has not been satisfactorily resolved by
the company representative at the workplace. If negotiations
between the employees and the company or its representative with
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respect to the general provisions of the present Collective
Agreement on prices and rates for carrying out work do not lead to
an agreement, the shop steward may be asked to take part in
further negotiations. If such negotiations do not bring satisfactory
results, the shop steward shall be free to request his/her
organisation to attend to the case, but he/she and his/her
colleagues shall be obliged to continue their work in an undisturbed
way.
Termination of shop steward’s employment
11. The company has the right to terminate the employment of shop
steward just as that of any other employees. However, due to the
nature of the matter, it must be clear for the company that it should
not take such a step without having compelling grounds for doing
so, just as it is obvious that the fact that an employee is acting as
shop steward should not be a reason for impairing the employee’s
position at the workplace. For more information please refer to
Section 8 of the General Agreement (Annex 1).
SPECIAL PROVISIONS FOR FELT ROOFING WORKS
Who may be elected
12. Shop stewards are elected from among the employees with
generally recognised high competencies who have been employed
in the relevant department of the company for at least a year. If a
minimum of 5 employees with sufficient seniority cannot be found,
the number of eligible persons shall be supplemented with the
employees with the longest service.
Termination of shop steward’s employment
13. The dismissal of a shop steward must be justified by compelling
grounds. The management of the company is obliged to give the
shop steward a 6 weeks’ longer notice period than the one to
which he/she otherwise would be entitled to as an ordinary
employee, in such a way that does not impair the applicable notice
rules.
For more information please refer to Section 8 of the General
Agreement.
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Compensation for unjustified dismissal of a shop steward
14. If the company upholds its decision on termination of shop
steward’s employment after such termination has been deemed
unjustified by way of industrial dispute settlement procedure, the
company shall, in addition to wages due for the notice period, be
obliged to pay compensation to the shop steward in an amount
depending on the circumstances, but not exceeding an equivalent
of 20 weeks’ wages calculated based on the shop steward’s
average earnings over the last 3 months. Such compensation shall
be final and no further compensation may be claimed by virtue of
provisions of the General Agreement of 1973 with subsequent
amendments.
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§ 70 Works councils and the Collaboration Committee
Works councils
1. Works councils may be established in companies which have had
at least 35 employees on average within a year, provided that the
management or the majority of employees so desire.
2. If the number of employees falls below 35, the management or the
majority of employees may request the works council be dissolved
subject to one year’s prior notice.
3. Although the Cooperation Agreement between DA and LO provides
for a possibility to have more than one works council in a group of
undertakings (concern), the parties unanimously agree that,
provided that the management and the employee representatives
so desire, a group works council may be established which shall be
the only work council for all the companies within the group.
4. If a common shop steward/trade union representative has been
elected in the group, he/she shall be the natural candidate for
deputy chairperson of the group works council. If a common shop
steward/trade union representative has not been elected, deputy
chairperson of the group works council shall be appointed from
among shop stewards in the individual undertakings which are part
of the group.
Collaboration Committee
5. Dansk Byggeri and the federations within BAT have established a
Collaboration Committee.
6. The task of the Collaboration Committee is to prepare and provide
information and guidelines aiming at the promotion of cooperation
to company managements, employees and members of works
councils.
7. The Collaboration Committee shall deal with cases involving a
breach of the Cooperation Agreement and seek resolution of
matters in dispute before resorting to the Board of Collaboration
between DA and LO.
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§ 71 Cooperation and working environment
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Chapter 13
Training and education
§ 72 Freedom of education
§ 73 Training Fund
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hour. The contribution is collected in accordance with the
relevant regulations issued by the main organisations. With
effect from the beginning of the first pay period after 1 January
2015, the contribution shall be increased to 42 øre per working
hour.
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- skill assessments
- continuous education and training of general and vocational
character
- improving reading, spelling and mathematical skills
- campaigns promoting the planning of training and education
of employees in companies
- administrative costs connected with training and educational
activities.
Contribution
7. The companies pay contribution of DKK 520 per employee per
year. The amount is converted to an amount per working hour.
Management and administration
8. The companies shall establish a new – or use the services of an
existing – administration company to manage the contributions and
means.
Detailed guidelines shall be found in the Fund's articles which
the parties have drawn up together.
Applications
9. The companies may apply for financial means from the Fund.
10. Within its financial possibilities the Fund may grant subsidies to
cover, partially or wholly, the employees’ loss of earnings during
training (according to the same guidelines as the once currently in
force for the Construction and Civil Engineering Sectors’ Training
Fund), participation fees, travelling expenses, etc.
11. The Fund shall develop an application form including detailed
instructions for the payment of financial means by the Fund.
Dispute resolution
12. If Fagligt Fælles Forbund or Dansk Byggeri ascertain that the
provisions on the Construction and Civil Engineering Sectors’
Development Fund do not serve their purpose, the issue may
become subject to debate of the Executive Boards.
13. Concrete disputes may be resolved by way of industrial dispute
settlement procedure, cf. § 83, but not by way of industrial
arbitration.
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Chapter 14
Employment and termination of employment
§ 76 Employment
§ 77 Termination of employment
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employees leave the company at the end of a calendar week.
5. However, employees who work under the piece work system, cf.
Section 4 para. 2 of the General Agreement, may not leave the
company before the completion of the individual piece work
agreement.
6. Disputes with regard to seniority for the purpose of calculating
notice period shall be resolved on the basis of ATP contributions.
Time-off in connection with dismissal
7. Employees dismissed after 1 May 2014 with notice period
provided for in the Collective Agreement, due to restructuring,
cutbacks, closures or other reasons on the part of the company,
are entitled to paid time-off of up to 2 hours in order to seek advice
from their unemployment insurance fund or trade union. Such
time-off shall be granted at the earliest possible opportunity after
the employee has received notice of termination and with due
regard to the company’s operations.
Re-employment
8. If a dismissed employee becomes re-employed within a period not
exceeding 9 months, the employee shall retain the seniority which
he/she had at the time of dismissal for the purpose of calculating
notice period. However, this does not apply if the second
employment is for a specified period or task and lasts up to 49
calendar days. If any abuse of the above provisions is deemed to
take place, the organisations shall have the right to intervene in
accordance with the procedure for the settlement of industrial
disputes.
Interruption of seniority
9. Periods of sickness absence, maternity leave and military service
shall not be considered as an interruption of seniority.
Injury
10. Employees who through no fault of their own suffer injury at work
or an occupational illness which clearly is a result of the work done
for the company, cannot be given notice of termination in the first
8 weeks of the period of documented disability to work caused by
the said injury.
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No notice period applicable
11. Notice period upon termination by the company shall not be
applicable if:
- there is no work for the employee due to work stoppage by
other employees
- the employees are sent home due to machinery breakdown,
shortage of materials, poor weather conditions, lack of orders or
similar and other events of force majeure which cause partial or
full suspension of the company's operations.
Failure to give proper notice period
12. If an employee who has not given cause for dismissal is dismissed
without the notice period which he/she is entitled to, the company
shall pay compensation to such employee in the amount
equivalent to his/her normal wages for hourly paid work for the
number of working days by which the actual notice period falls
short of the required notice period.
13. If an employee fails to give or to complete the required notice
period, he/she shall pay compensation to the company in the
amount equivalent to his/her normal wages for hourly paid work for
the number of working days by which the actual notice period falls
short of the required notice period.
Undertaking other employment
14. If the company gives a notice of termination to an employee and
the employee can prove that he/she can undertake other
employment immediately after or even before the expiry of notice
period which is he/she is obliged to give the company, the
company should accept it.
The parties have agreed the following guidelines for sending the
employees home, cf. § 77 para. 11:
Valid reasons for sending the employees home
1. Within the areas of work which are traditionally discontinued for all
or parts of the winter season, such as e.g. cable and duct works,
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paving works, etc., the company has the right to send its
employees home for a certain period.
2. Furthermore, according to ordinary practice, employees may be
sent home e.g. in case of poor weather conditions, lack of orders,
shortages of materials, etc.
3. The parties unanimously agree that sending the employees home
by the company must not occur systematically. Moreover, it is
agreed that the company should – in the widest possible extent –
inform the employees about the necessity to send them home as
early as possible.
Wages
4. There is no obligation for the company to pay wages to the
employees in the period for which they have been sent home.
Other work
5. If an employee finds other employment in the period for which
he/she has been sent home, he/she is obliged to notify the
company thereof if this means that he/she is not going to resume
work in the company when the reason for which he/she has been
sent home no longer exists. In such case the employee is not
required to give the company notice period in accordance with the
present Collective Agreement.
Information on the resumption of work
6. After three months of the date of sending the employees home,
except for the situations in which it was caused by poor weather
conditions and/or seasonal conditions, the company shall contact
the employees and inform them of expected remaining duration of
the period for which they have been sent home as well as of
anticipated date of resumption of work within the following three
weeks.
7. If the company cannot offer a possibility to work, it shall be
regarded as termination of the employees’ employment
agreements and the company shall be obliged to pay them
compensation in the amount equivalent to their wages for the
notice period.
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Resumption of work
8. Employees shall be offered possibility to resume work immediately
after the reason for which they had been sent home ceased to
exist.
9. The employees shall be offered work in the company, in the same
department and within the same area of work in which they had
been employed before they were sent home, before the company
may take on new employees for this type of work.
10. Employees are obliged to resume work when given such
opportunity.
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Chapter 15
Adolescent employees
§ 79 General provisions
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§ 81 Wages of adolescent employees
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execution of piece work by the piece work team. When calculating
piece work surplus for the adolescent employee, paid- out
advances are set off against the pay for each working hour.
7. Piece work shortfall, if any, may not be offset against advances
paid to the adolescent employee in accordance with the Collective
Agreement or the earnings which he/she is entitled to based on the
above provisions.
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Chapter 16
Procedure for the settlement of industrial disputes
§ 83 Industrial disputes
Local negotiations
1. No industrial disputes between members of the organisations which
have signed the present Collective Agreement may result in a work
stoppage. The parties should strive for the resolution of such
disputes in accordance with the below specified rules.
2. If an industrial dispute occurs at a company within the scope of
the present Collective Agreement, the parties at the company or at
the workplace shall make an attempt to settle the dispute on the
local level. Local negotiations shall take place as soon as possible
after the request has been made.
3. If the employees or the company so desire, an organisation
representative may take part in the negotiations.
Mediation
4. If the dispute cannot be resolved at the local level, the parties may,
via their respective organisations, request it be submitted to
mediation.
5. Mediation meeting must be held in each case if one of the parties
so desire.
6. The organisation which on behalf of its member requests a
mediation meeting be held, must in its application include a
description of the matter in dispute and attach relevant documents
as well as a copy of minutes of local negotiations, if such have
taken place.
7. Every effort should be made to hold the mediation meeting at the
workplace within 10 working days of the receipt of mediation
request from the counterparty. The date shall be agreed between
the organisations.
8. The organisations’ representatives who took part in the local
negotiations may not act as mediators at the mediation meeting.
9. At the mediation meeting the negotiations are resumed with the
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help from mediators who represent the respective organisations
(there should be at least one mediator from each of the
organisations) and an attempt to resolve the dispute by way of
direct dialogue is made. The mediators take minutes of the
negotiations and their result, and sign the minutes with binding
effect for both parties.
Meeting of the organisations
10. If the organisations agree thereto, before a dispute is submitted to
the Labour Court or to arbitration, it may be discussed at a
meeting of the organisations.
11. A request for such meeting shall be made to the organisation
which represents the counterparty of the dispute within 4 weeks of
the date of the mediation meeting.
12. Every effort should be made to hold the meeting of the
organisations within 3 weeks of the receipt of request for such
meeting from the organisation which represents the counterparty.
The date shall be agreed between the organisations.
13. During the meeting, the matter in dispute is presented orally to the
leaders of the negotiations and supplementary information is
provided by the representatives of the parties involved who are
obliged to attend.
14. The organisations’ representatives who took part in the mediation
meeting may not act as leaders of the negotiations during the
meeting of the organisations.
15. Afterwards the leaders of the negotiations make an attempt to
resolve the dispute by way of direct dialogue.
16. Minutes of the negotiations are taken, including both a list of the
issues which have been resolved as well as the matters on which
agreement has not been reached. The minutes are then signed by
the leaders of the negotiations and the result of the negotiations is
binding for the parties.
17. If the federation proves circumstances which give reason for
presuming that the provisions of the Collective Agreement have
been violated, e.g. if the federation has tried to contact the
company without success, the company is obliged to demonstrate
to Dansk Byggeri that the provisions of the Collective Agreement
have been observed.
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Relevant documentation submitted by the company is presented
to the federation upon its demand.
If in the course of negotiations it is ascertained that the
provisions of the Collective Agreement have been observed, the
case shall be closed.
If in the course of negotiations it is ascertained that the
provisions of the Collective Agreement have been violated,
Dansk Byggeri shall call upon the company to remedy the
violation. Dansk Byggeri sends a copy of its letter to the company
to the federation and, if the company does not remedy the
violation within the shortest possible time, the federation shall
have the right to submit the case to the Labour Court.
Industrial arbitration
18. If the above described procedure for the settlement of industrial
disputes does not bring a resolution, the dispute may – if it
concerns the interpretation of an existing standard agreement
regarding wages or the provisions of a valid collective agreement
between the organisations – it may, on request of one of the
organisations, be passed to arbitration.
19. The organisation which desires the resolution of dispute by way of
arbitration shall submit a relevant request to the organisation which
represents the counterparty of the dispute within 4 weeks of the
date of the mediation meeting or the meeting of the organisations.
20. The application for arbitration shall include a description of the
matter in dispute and the scope thereof, and copies of minutes of
the preceding negotiations held in accordance with the procedure
for the settlement of industrial disputes shall be attached.
21. The date of hearing before the arbitration tribunal shall be agreed
between the organisations.
22. The arbitration tribunal consists of 5 arbitrators. Each of the
involved organisations appoint 2 arbitrators and, additionally, both
organisations together appoint a chief arbitrator. If the parties
cannot reach agreement on the appointment of chief arbitrator,
they shall request that such appointment be made by the
President of the Labour Court.
23. Professional disputes are dealt with by a chief arbitrator who is a
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specialist in the relevant industry and legal disputes by a chief
arbitrator who is a lawyer.
24. Generally it is understood that “professional disputes” are the
disputes concerning price lists/schedules and interpretations
regarding their application, while “legal disputes” are all the other
matters connected with the Collective Agreement.
25. It the parties cannot reach agreement as to the nature of the
dispute and the competent chief arbitrator, both chief arbitrators
hear the case together and issue a joint ruling.
26. If the organisations find it relevant, they may jointly elect a
permanent professional chief arbitrator and/or legal chief arbitrator
for a period of up to 1 year. Re-election of the same candidates
shall be permitted.
27. No later than 10 working days prior to the hearing before the
arbitration tribunal, the complainant organisation shall send a
statement of its claim, including case documents which it is going
to present during the hearing, to the counterparty and the chief
arbitrator.
28. No later than 5 working days prior to the hearing before the
arbitration tribunal, the respondent organisation shall in the same
manner send its statement of defence together with any
attachments to the counterparty and the chief arbitrator.
29. During the hearing, the matter in dispute is presented orally by a
representative of the organisations, who may not at the same time
be a member of the arbitration tribunal.
30. The chief arbitrator acts as the chairman of the tribunal and leads
the proceedings. The matter in dispute is discussed and the
resolution is put to vote. The ruling is passed by a simple majority
of votes.
31. If no simple majority is achieved, the dispute is resolved by the
chief arbitrator who issues a motivated ruling.
32. No one may be a member of mediation board or arbitration tribunal
in a case concerning a dispute at a company or workplace in
which he/she has a personal interest.
Conflict
33. The present procedure for the settlement of industrial disputes do
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not restrict the right of the organisations or their members to stage
a work stoppage based on the decision of Dansk
Arbejdsgiverforening or Landsorganisationen i Danmark without
prior mediation or arbitration proceedings.
Deadlines
34. If the complainant organisation fails to observe the above specified
deadlines, the case shall be lost and the organisation shall not
have the right to pass it on for further proceeding.
35. A waiver of the above provision may only occur pursuant to a prior
written agreement between the organisations.
Payments based on mediation and arbitration proceedings
36. Payments due on the basis of mediation or arbitration ruling are
made on the first following pay day but at the earliest 5 working
days after the receipt of the said ruling and payment instruction by
the parties.
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A waiver of the above deadline may only occur pursuant to an
agreement.
Introductory provisions
1. The aim of these provisions is to ensure pay and work conditions in
accordance with the Collective Agreement for all employees. The
provisions may not be invoked to demand disclosure of
information on remunerations in order to gain a general knowledge
of remuneration level and terms in the company.
2. The parties of the Collective Agreement agree that all works in the
construction and civil engineering sectors in Denmark should be
carried out on collectively agreed terms, which guarantee
employees’ wages, working hours and work conditions.
3. Therefore, the parties agree that all companies should, in the
contracts for the provision of construction and civil engineering
works which they conclude with their subcontractors, always
ensure that the subcontractors have in-depth knowledge of the
applicable Danish collective agreements and contractual terms.
4. Furthermore, the parties recommend that all companies, in the
contracts for the provision of construction and civil engineering
works which they conclude with their subcontractors, include
clauses stating that such subcontractor is obliged to observe the
provisions of collective agreements applicable at the given time to
the particular type of works and entered into by and between the
relevant union within LO, in relation to the employees who carry
out the particular works, and that non-compliance with their
provisions shall be considered as a serious breach of the contract
for the execution of construction and civil engineering works.
5. It is agreed that the above mentioned contract clauses mean that
work stoppages intended to force the company to sign the relevant
collective agreement may be avoided because the subcontractor is
in that way obliged to comply with its provisions.
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Inconsistencies regarding the determination of wage rates
Provisions applicable to the period of validity of collective
agreement for the years 2014-2017
6. The parties agree that derogations from the minimum wage rate
provided for in the Collective Agreement may and will occur,
because the wage system has a flexible character.
7. Therefore, the level of qualifications, experience and education of
the employees, as well as their contribution to the company’s
operations, must be taken into account. Furthermore, due regard
must be given to the lack of possibility or to minimal possibility to
carry out work under the piece work system or to offer other work
performance related forms of remuneration. Requirements
connected with the nature of the work, including any special
inconveniences for the employee, must also be duly considered.
8. If any general violations of the Collective Agreement are deemed
to take place, the organisations shall have the right to intervene.
9. The parties agree that one of the circumstances necessary to
assume that any general violation may have occurred is a
significantly lower level of wages in the particular company in
relation to comparable companies in the same branch.
10. The parties agree that the occurrence of a significant derogation
from the general level of average wages in the given branch as
such is not enough to decide that a violation has taken place.
The condition is that such derogation occurs in relation to
comparable companies within same branch and geographical
area.
Dispute resolution
Provisions applicable to the period of validity of collective
agreement for the years 2014-2017
11. Disputes as to whether a violation has occurred may be resolved in
accordance with the procedure for the settlement of industrial
disputes specified in the present section (on ordinary burden of
proof principles). Resolution proceedings may be initiated based
on conditions existing while the works on construction site are in
progress.
12. The parties shall seek to reach an agreement as to whether there
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has been a violation and, if any, what its scope is, at a meeting of
the organisations. If agreement is reached, the case may be
concluded.
13. If the parties do not agree a common position on the existence of
violation during the proceedings, the case may be passed to
arbitration. The arbitration tribunal decides whether there has been
a violation and, if any, what its scope is.
14. If the arbitration tribunal confirms the existence of violation, such
violation shall become subject of local negotiations.
15. If the existence of violation has been confirmed, the parties may
seek to reach an agreement on its remedy by way of industrial
dispute settlement procedure. Disputes regarding the
determination of wage rates may not be passed to industrial
arbitration.
Meeting of the organisations
16. If the federation may prove circumstances which give reason for
presuming that the provisions of the Collective Agreement have
been violated, e.g. if the federation has tried to contact the
company without success, the company shall immediately
communicate with Dansk Byggeri. Similarly, Dansk Byggeri shall
immediately communicate with the federation.
17. As a result, a meeting of the organisations is convened. Such
meeting shall, apart from the parties of the Collective Agreement,
be attended by the ordering company and the subcontractor. The
meeting shall be held at the construction site within 48 hours
unless otherwise agreed.
18. All relevant information regarding the dispute shall be presented at
the meeting. The subcontractor is obliged to prove that the
provisions of the Collective Agreement have been observed.
19. Furthermore, at the meeting of the organisations the parties may
discuss the fact that the subcontractor has not acceded to the
Collective Agreement.
If any of the relevant information regarding the dispute cannot be
presented at the meeting, it shall be submitted to the federation
no later than 72 hours after the meeting.
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20. If the case concerns a single employee, the disclosure of
information which concerns him/her shall require his/her consent.
21. If the requirement to disclose information concerns a group of
employees, the disclosure shall not require their consent, but the
information shall be presented in a manner which ensures their
anonymity.
22. If in the course of negotiations it is ascertained that the provisions
of the Collective Agreement have been observed, the case shall be
closed.
Industrial arbitration
23. If no agreement as to whether the provisions of the Collective
Agreement have been observed is reached at the meeting of the
organisations, a permanent chief arbitrator appointed by the
Labour Court may join the arbitration tribunal in order to deliver a
ruling in the shortest possible time.
24. In cases regarding companies which are not members of Dansk
Byggeri, the tribunal consists of representatives of the company
and the federation.
25. Based on the presented information, the arbitration tribunal in its
ruling decides whether the provisions of the Collective Agreement
have been observed and – to the extent it is possible – determines
any supplementary amount due to be paid.
26. If at the meeting of the organisations or as a result of the arbitration
proceedings it is ascertained that the provisions of the Collective
Agreement have not been observed, Dansk Byggeri shall be
obliged to communicate with the company which has placed the
order with the subcontractor and urge the company to contribute to
the resolution of dispute. Dansk Byggeri shall inform the federation
of such communication.
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Circumvention of the provisions of collective agreements
(contractual relationships in the construction and civil engineering
sectors)
Provisions applicable to the period of validity of collective
agreement for the years 2014-2017
27. The parties agree to counteract circumvention of the provisions of
collective agreements.
28. The assessment of whether a circumvention of the provisions of a
collective agreement has occurred in a particular case is a complex
one.
29. While determining whether a circumvention has taken place, the
following shall be taken into account as general guidelines:
- does the legal construction of the enterprise or contract serve
to avoid the fulfilment of obligations specified in the collective
agreement, or
- are the financial conditions of the contract for the provision of
construction or civil engineering works such that the
subcontractor, although obliged thereto based on the
provisions of the collective agreement, will not be able to
execute the scope of contract while paying the employees
collectively agreed wages, and does not pay such wages, or
- does there in reality exist a contractual relationship between
two enterprises, e.g. is there a contract for the provision of
works, do the parties normally operate as independent
enterprises, does the subcontractor supply the necessary
materials, or
- has the ordering company, after having acquired information
that its subcontractor – within the frame of contractual
relationship between enterprises or a similar relationship with
the ordering company – was deemed guilty of a serious
breach of collective agreement (e.g. through the usage of
false payslips, cheating in connection with the registration of
working hours, etc.) and in spite thereof, entered into a new
contract for the provision of works with the same
subcontractor, and the subcontractor again has committed a
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serious violation of collective agreement. No circumvention of
the provisions of collective agreement shall be deemed to
exist if the ordering company has contributed to ensuring that
the collective agreement is observed.
30. It is agreed that, if more than 2 years have passed since the given
company was deemed guilty pursuant to the present section, its
acts shall not be regarded as any subsequent offence with relevant
consequences.
31. Disputes as to whether a circumvention of the provisions of
collective agreement has occurred, cf. above, may be resolved in
accordance with the procedure for the settlement of industrial
disputes specified in the present section (on ordinary burden of
proof principles).
32. The organisations agree that during the dispute settlement
procedure they will seek to elucidate the circumstances of the case
to the highest possible extent, e.g. by means of studying the
relevant contracts for the provision of works.
33. The parties agree that the arbitration tribunal shall decide whether
in the particular case the provisions of collective agreement have
been circumvented. If the tribunal determines that such an act has
occurred, the parties agree that the tribunal shall also decide about
any financial liability and set the amount of the fine to be imposed.
Payslips
Provisions applicable to the period of validity of collective
agreement for the years 2014-2017
34. Payslips shall to the highest possible extent show which
collectively agreed wage components are found in the individual
fields, so e.g. the following shall be clearly specified: the number of
hourly paid working hours, overtime hours, piece work, piece work
surplus, holiday pay and payment for public holidays which fall on
weekdays, etc., cf. § 35.
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Task Force
Provisions applicable to the period of validity of collective
agreement for the years 2014-2017
35. The parties agree that the scope of activity of the Task Force
Committee which has been established during the meeting on 20-
21 June 2012 shall be extended to include the evaluation of
execution of the parties’ agreement with regard to determining the
wages of foreign employees and the parties’ agreement with
regard to the circumvention of the provisions of collective
agreement, cf. the relevant protocol.
36. The Task Force Committee consists of representatives of 3F and
Dansk Byggeri of an appropriately high level.
37. The Committee holds regular meetings and, after necessary
preparations by 3F and Dansk Byggeri, shall deal with the rules for
case handling specified in § 84.
Information to the federation
38. The company is obliged to send to the federation any relevant
documents which confirm that the company has fulfilled its
obligation to pay any supplementary amount based on the
determinations made during a meeting of the organisations or
pursuant to an arbitration ruling.
Confidentiality
39. The parties agree that any and all disclosed information on wages
shall be treated as confidential and may only be used in an
industrial procedure regarding the question of applicability of
provisions of collective agreements and that it may not in any
manner be made public unless the case has been concluded by
way of industrial arbitration or by way of a Labour Court ruling.
§ 86 Labour Court
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§ 87 Urgent cases
§ 88 Work stoppage
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Chapter 17
Equal Remuneration Board
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industrial disputes.
7. A case may not be referred to the Board before all the ordinary
means for dispute resolution in accordance with the procedure for
the settlement of industrial disputes, i.e. local negotiations,
mediation meeting and the meeting of the organisations, have been
applied. Furthermore, the Board must held a preparatory meeting
similar to the same type of meetings of the Dismissal Board.
8. The parties of the Collective Agreement agree that the deadlines
which apply to the dispute resolution procedure of the Dismissal
Board are not suitable for the equal remuneration cases which
usually involve many aspects to be examined. Therefore, it is found
relevant to settle other deadlines which will provide a better
equilibrium for the need of a fast resolution and due elucidation of
the circumstances of the case.
9. The Board shall be established in accordance with the above
specified guidelines with necessary adjustments.
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Chapter 18
Final provisions
§ 91 Working clothes
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9. Items provided by the company (tools, etc.), which remain the
company’s property, shall be kept in a tool box received from the
company and secured with a lock or in another similar way. The
employees are obliged to put the tools, etc., in the tool box every
time before they leave the workplace. If this precaution is not
observed, the employee concerned shall be held financially liable
for any missing property (tools, etc.).
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10 working days.
6. The parties shall establish a Task Force Committee at an
appropriately high level in order to supervise the application of the
present provisions.
7. Para. 2, 4, 5 and 6 are in force in the period of validity of collective
agreement for the years 2014-2017.
§ 94 Electronic documents
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4. In any event the committee shall complete its work within 2 months
and before the expiry of the deadline recommend to the
organisations the approval of the additions to or modifications of
piece work lists or the Collective Agreement on which the
committee members have reached agreement.
5. The organisations shall take a stand on the recommendations
within 1 month. Adopted additions to or modifications of piece work
lists or the Collective Agreement come into force after 2 months of
the date of their approval by the organisations.
6. The above provisions do not restrict the right of the parties to
demand resolution of an issue in accordance with the procedure for
the settlement of industrial disputes, including § 40 and § 4 2.
7. The Collective Agreement and price work lists shall not be made
available for third parties without obtaining prior approval from
Dansk Byggeri and the federation in each individual case.
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4. The member companies of Dansk Byggeri shall bear the above in
mind when signing contracts for the provision of construction and
civil engineering works.
§ 97 Temporary work
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said worker.
7. In its contract with the temporary work agency, the member
company must ensure that the agency has the necessary
knowledge of the current collective agreements and other
applicable agreements.
8. The worker who has been sent by a temporary work agency in
order to perform work in a member company, may not be covered
by the provisions on PensionDanmark’s pension insurance if the
agency is a member of another organisation within DA and
therefore is covered by another pension insurance scheme in
accordance with another collective agreement.
Other issues
9. Each temporary worker who performs work within the professional
scope of application of a collective agreement obtains seniority in
accordance with the relevant rules of the said collective agreement.
10. The parties of the Collective Agreement agree that it shall be
natural that temporary workers are members of the same
professional organisation as the company’s own employees who
perform the same type of work.
11. Fagligt Fælles Forbund admits that it would not be appropriate for
temporary workers who are members of other trade unions within
LO to change their membership in case of short-term employment.
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3. Disputes as to whether a particular situation constitutes a
circumvention of provisions of the Collective Agreement may be
resolved in accordance with the procedure for the settlement of
industrial disputes.
4. While determining whether a circumvention has taken place, it shall
as general guidelines be taken into account whether the self-
employed:
- executes the management of the works
- bears responsibility for the quality of the works
- bears financial liability for his/her actions
- bears financial risk connected with the works.
§ 99 Implementation of EU directives
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Collective Agreement to make the conclusion of such an
agreement a prerequisite for the employment.
On behalf of On behalf of
Fagligt Fælles Forbund: Dansk Byggeri:
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Chapter 19
Trainees
These provisions apply to trainees employed pursuant to the Danish
Act on Vocational Training within the Civil Engineering Field
(construction workers specialising in earthworks and construction
workers specialising in concrete works, trainee pavers and trainee
roofers).
The provisions laid down at the time in question by the technical
committees apply to the training agreement.
The establishment of a training relationship is subject to approval by
the Joint Technical Committee for Construction Workers Specialising
in Earthworks and Concrete Works, Pavers and Roofers,
Bygmestervej 5, DK-2400 Copenhagen NV.
1. The number of daily and weekly working hours (including days off)
as well as the arrangement of working hours are the same as those
applying to journeymen/adult employees in the same enterprise.
2. When trainees attend vocational school, the working hours/rules of
attendance of the school apply.
Floating holidays
3. The five floating holidays to which trainees are entitled are paid
when taken, at the rate of the agreed trainee pay.
4. The timing of the floating holidays is determined according to the
rules of the Holiday Act on the timing of any residual holiday
entitlement.
Trainees are only entitled to take five floating holidays per calendar
year, irrespective of any job change during the calendar year.
5. Trainees who commence or finish a training relationship qualify for
one-half floating holiday per month of employment up to a maximum
of five floating holidays per calendar year.
In the other calendar years, trainees are entitled to five floating
holidays per calendar year.
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6. Trainees receive compensation for floating holidays not taken.
§2 Period of training
§3 Pay
7. The following minimum wage for trainees will be paid from the
beginning of the pay week which includes:
1.3.2014 1.3.2015 1.3.2016
1st year DKK per hour 64.15 65.35 66.60
2nd year DKK per hour 75.85 77.30 78.75
3rd year DKK per hour 91.50 93.25 95.00
4th year DKK per hour 106.15 108.15 110.20
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§4 Adult trainees
Pay
1. Trainees are paid for 37 hours per week including public holidays
less any absence not due to sickness.
Pregnancy examinations
2. Trainees are entitled to time off according to the same rules as
those applying to journeymen/adult employees at the pay rate
applying to trainees but not exceeding the maximum rate applying to
journeymen/adult employees.
Maternity pay
3. Trainees are entitled to time off according to the same rules as
those applying to journeymen/adult employees at the pay rate
applying to trainees but not exceeding the maximum rate applying to
journeymen/adult employees.
Child's first sick day
4. Trainees are entitled to time off according to the same rules as
those applying to journeymen/adult employees at the pay rate
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applying to trainees but not exceeding the maximum rate applying to
journeymen/adult employees.
Hospitalised children
5. Trainees are entitled to time off according to the same rules as
those applying to journeymen/adult employees at the pay rate
applying to trainees but not exceeding the maximum rate applying to
journeymen/adult employees.
Health scheme
6. Trainees are covered by the same health scheme as that applying
to adult employees.
Periods in school
7. During periods in school, trainees are paid at the pay rate applying
to trainees.
Appearance before a draft board
8. Where the trainee must appear before a draft board within normal
working hours, he is paid for the time used.
§7 Pensions
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PensionDanmark health scheme
2. The enterprise pays the expenses of the scheme, which is
established with PensionDanmark.
3. If the trainee is transferred to being covered by PensionDanmark,
the obligation of the enterprise according to this provision
terminates.
§9 Workwear
§ 10 Safety footwear
§ 11 Tools
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§ 12 Travel allowance
Trainee period
1. Trainees receive travel allowance according to the same rules as
those applying to journeymen and adult employees.
Work requiring employees to work away from the usual place of
work and work requiring employees to be away from their homes
overnight
2. Where trainees perform work requiring them to work away from the
usual place of work or work requiring them to be away from their
homes overnight, they are paid according to the same rules as
those applying to journeymen/adult employees in the trade
concerned.
Periods in school
3. Where a trainee's total way to and from school is 20 km or more,
his/her travelling expenses will be reimbursed.
The total way to and from school is the nearest route from the place of
residence, lodgings or place of training to the school and back to the
place of residence, lodgings or place of training.
4. It is a condition for receiving the travel allowance that the trainee
could not attend classes at a school situated closer to the trainee's
place of residence or place of training than the school attended.
5. Means of public transport must be used to the widest extent
possible. If the use of such means of transport will cause
unreasonable inconvenience to the trainee concerned, the trainee
may use his/her own means of transport.
6. If means of public transport are used, the expenses actually paid will
be reimbursed. The cheapest and most efficient way of transport
must be used taking local conditions into account, and wherever
possible season tickets, clip cards, etc. must be used.
7. If a trainee uses his/her own means of transport, a travel allowance
is granted corresponding to the allowance granted at the time in
question to participants in further training and education courses,
currently DKK 1.05 per km when the total way to and from school is
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20 km or more. The amount is adjusted in accordance with the rates
laid down by the Danish Agency for Labour Market and Recruitment
(Styrelsen for Arbejdsmarked og Rekruttering).
In the event that legislation in this field is amended, this provision may
be terminated and lapse by giving three months' notice to the end of
the term of the collective agreement.
8. Accommodated trainees are granted reimbursement of their travel
expenses for the distance to and from their lodgings and for the
distance between their lodgings and their usual place of residence in
connection with weekends and Easter and Christmas holidays if the
condition on distance in para. 4 has been met.
If the choice of school results in expenses for accommodation in a
residence hall, such expenses are also paid by the enterprise.
9. The enterprise pays the expenses for accommodation in a
residence hall when the trainee has been admitted to a residence
hall and this is necessary for the trainee's completion of the training
programme.
Accommodation in a residence hall is considered necessary when it
follows from the enterprise using the options for open enrolment or
the training programme can only be completed at a school where the
trainee is entitled to be admitted to a residence hall pursuant to
section 3(1) of Executive Order 209/2009 (commuting time more
than 75 minutes).
The trainee's own removal will not trigger entitlement to payment by
the enterprise for accommodation in a residence hall.
10. It is a condition for payment by the enterprise of accommodation in a
residence hall that the trainee currently uses the residence hall and
stays the night in the residence hall.
Enterprises may have the expenses of trainees' accommodation in
residence halls covered by the Building and Construction Industry's
Development Fund (Bygge- og anlægsbranchens Udviklingsfond)
unless, by using the options for open enrolment, the enterprise has
ordered a trainee to attend another school than the nearest one in
relation to the location of the enterprise and the trainee's address
and field of training.
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Note:
The provisions in para. 10 on payment by the enterprises of
accommodation in residence halls will be deleted and replaced by
statutory rules if the Danish Parliament adopts the bill agreed by the
Confederation of Danish Employers (Dansk Arbejdsgiverforening –
DA) and the Danish Confederation of Trade Unions
(Landsorganisation in Danmark – LO) in the official conciliator's draft
settlement of 21 March 2014.
Implementation of the draft settlement will mean that enterprises
must pay the expenses incurred by trainees in vocational training for
accommodation in residence halls when their stay is necessary for
their completion of the training programme.
The expenses of enterprises for trainees' accommodation in
residence halls are reimbursed via the Employers' Reimbursement
Scheme (AUB), which already reimburses travelling expenses.
If the Danish Parliament adopts the new rules, these rules will
replace the collective agreement's present rules on payment of
accommodation in residence halls from the date when the new rules
enter into force. Separate and detailed information about the new
rules will then be given.
To the extent that the new rules in the Act on vocational training
should be amended at some later time with the result that the
assumptions in the draft settlement are decisively changed, the
parties to the collective agreement will negotiate the consequences
of the amendments. In the event of disagreement, the matter may be
negotiated between LO and DA.
11. The provisions in paras. 5, 6 and 7 apply by analogy to travel
allowance pursuant to para. 4.
12. When documentation has been received, the above travel allowance
is paid in arrears on the usual pay days.
13. If public or general solutions should be found in the field of "travel
allowance during periods in school", such rules will replace the
above rules.
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14. If transport between several departments of a school is necessary
on the same day, allowance is granted irrespective of the conditions
on distance set out in para. 4.
§ 13 Welfare facilities
§ 15 Special provisions
Vocational school
The following applies to trainees:
- Enterprises pay for training programme deposits.
- Enterprises pay the fees for equipment etc.
Test for completed traineeship
Enterprises pay the expenses in connection with the trainees' test for
completed traineeship.
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Health and safety representative
Trainees may not be elected as health and safety representatives during
the training period.
§ 16 Overtime
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Chapter 20
Protocols
Protocol
on health and safety at work
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Protocol
on implementing the EU Directive on temporary agency work
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Protocol
on night work and health checks
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Protocol
on social dumping
Protocol
on committee work on pension matters for employees posted
abroad
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Protocol
on committee work on electronic time sheets and payslips
Protocol
on committee work on holiday cards
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Protocol
on recruitment and skills development for construction and
civil engineering projects
The Danish Construction Association (Dansk Byggeri) and the United
Federation of Danish Workers (Fagligt Fælles Forbund – 3F) will initiate a
number of joint activities, which combined are to ensure that the
necessary qualified labour can be recruited for the many construction and
civil engineering projects.
Attention must be focused both on attracting more young people to the
industry through vocational training programmes and on improving the
qualifications of unemployed people to work in the industry.
Recruitment
The Danish Construction Association and 3F will continue the work from
the last term of the collective agreement of providing more traineeships
and trainees in the construction industry.
Furthermore, the parties will work actively to retrain and improve the
qualifications of unemployed people to work in the building and
construction industry. This may be effected by using existing schemes
such as
- the adult trainee scheme, which has turned out to be an
excellent recruitment channel among unemployed and
employed adults
- job ration where employed people start on education and
training programmes and unemployed people have the
opportunity of improving their qualifications and getting work
experience.
- the use of training packages prepared by the parties,
preferably supplemented by on-the-job learning.
The Danish Construction Association and 3F will work for the setting up
of a task force in the regions, consisting of representatives of 3F, the
Danish Construction Association, the employment region, job centres and
educational institutions which will contribute to the coordination of
activities.
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The parties agree that expenses for projects and joint activities are paid
for through the Building and Construction Industry's Development Fund
(Bygge- og anlægsbranchens Udviklingsfond).
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Protocol
on training in the event of termination of employment or
temporary layoff
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Protocol
on the organisations' assistance to local negotiations on
flexibility etc.
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Protocol
on productivity growth through cooperation and planning
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Chapter 21
Annexes
Annex 1
General Agreement of 31 October 1973
with amendments of 1 March 1981, 1 March 1987
and 1 October 1992
concluded by
the Danish Employers´ Confederation and
the Danish Confederation of Trade Unions
applies to the collective agreement
Section 1
Recognising the desirability of settling questions relating to pay
and employment conditions by concluding collective agreements,
where necessary with the participation of the central organisations,
the central organisations and their members undertake not to
prevent employers and employees, either directly or indirectly, from
organising themselves within the organisational framework of the
central organisations. It shall therefore be considered an anti-
organisation act if one of the parties to the present General
Agreement takes action against another party on the grounds of
organisation affiliation and thus not on industrial motives.
Section 2
(1) Where a collective agreement has been concluded, no stoppage of
work (i.e. strike, picket, lockout or boycott) can be initiated during
the period of the collective agreement’s validity in the sector
covered by the agreement, unless warranted by the Standard
Procedure for the settlement of Industrial Disputes, or by collective
agreement. Secondary strikes or lockouts may be initiated in
accordance with agreements and case law.
(2) A work stoppage is lawful only if approved by at least three-
quarters of the votes cast by a competent assembly under the
rules of the relevant organisation and only if due notice has been
given in agreement with the provision laid down in (3). Exceptions
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to the provision are work stoppages in situations mentioned in
section 5(2) of the Standard Procedure.
(3) Any intention to submit proposals for a stoppage to such an
assembly shall be notified to the executive committee of the other
central organisation by special and registered post at least two
weeks before the proposed stoppage is planned to start. The other
party shall be similarly informed of the assembly’s decision at least
one week in advance of the work stoppage. Regarding notice of
enforcement of work stoppages, the above–mentioned notice
periods shall be reduced to at least seven days and three days
respectively.
(4) The central organisations, their affiliated organisations and other
organisations parties to the General Agreement shall be committed
by all reasonable means to prevent stoppages in disagreement
with the collective agreement. Should such a stoppage be initiated,
the organisations further undertake to endeavour to terminate it.
(5) It shall be taken to be a strike or a lockout if workshops or
workplaces are systematically vacated or ultimately closed.
(6) During an industrial dispute between the parties to the present
agreement or between their members and unaffiliated employee or
employer organisations or enterprises, no support shall be given to
the unaffiliated organisations or enterprise by any party to this
agreement. An organisation or an enterprise joining one of the
central organisations or one of their affiliates shall not be regarded
as unaffiliated, provided that a work stoppage has not been started
before joining or been unequivocally announced following
unsuccessful negotiations.
Section 3
(1) Agreements concluded between the central organisations shall be
respected and complied with by all member organisations, and
responsibility for this lies with the relevant central organisation.
(2) Disputes as to whether an agreement exists shall be settled by the
Industrial Court, unless the parties agree to have the dispute
settled through industrial arbitration. Disputes concerning an
agreement’s coverage shall be settled through industrial
arbitration.
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Section 4
(1) Employers shall exercise the managerial right in accordance with
the provisions laid down in collective agreements and in
cooperation with employees and their elected representatives, as
provided for in agreements between the Danish Confederation of
Trade Unions and the Danish Employers’ Confederation.
(2) Employees who have been employed specifically and
unconditionally for piecework, cannot have their employment
conditions altered unless the employer in question compensates
the employees for any financial losses thereby incurred. Any
disputes arising in relation to this shall be settled through the usual
system of solving industrial disputes.
(3) No arbitrary action shall take place in connection with dismissals of
employees, and complaints of alleged unfair dismissals can
therefore be dealt with according to the below-stated rules. The
central organisations recommend that cases concerning alleged
unfair dismissals be dealt with as speedily as possible by the
parties concerned. In cases where a claim is made to set aside a
dismissal, the proceedings shall, as far as possible, be completed
before the relevant employee’s term of notice expires.
(a) In case of dismissal of an employee who has been
employed in an enterprise for at least nine continuous
months, the employee concerned is entitled to request
the reason for his dismissal in writing.
(b) If the employee claims that the dismissal is unfair an
unwarranted by the situation of the employee and the
enterprise, a request may be made for the case to be
settled locally between representatives of management
and employees. The local negotiations shall be
completed within two weeks of notice being given.
In case the employer has given flagrantly incorrect
information about the reason for the dismissal and this
is of considerable importance to the case, the above
notice shall be counted from the time that the employee
was or should have been given the correct information.
The local negotiations, however, shall be completed
within three months of notice being given.
(c) In case agreement is not reached, and the relevant
trade union (or central management) requests that the
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matter be taken further, negotiations shall immediately
be initiated between the employee and employer
organisations.
(d) If agreement is not reached, the relevant trade union (or
central management) is entitled to submit a complaint to
one of the central organisations’ permanent Tribunals.
The complaint shall be submitted to the Tribunal and to
the opposing organisation within seven days of the
conclusion of negotiations between the employee and
employer organisations. The Tribunal’s precise
composition and method of operation shall be laid down
in the Procedures for the Tribunal.
(e) The Tribunal shall make a reasoned award. If the
Tribunal finds that a dismissal is unfair and unwarranted
by the situation of the employee or the enterprise, it
may, after a claim to that effect, set aside the dismissal,
unless there has been, or can be taken to be, a
breakdown in compatibility between the employer and
the employee, such as to preclude any further
continuation of the employment relationship. If the
Tribunal finds that the dismissal is unfair, but that the
employment relationship should nevertheless be
discontinued, or if a claim is made for compensation for
unfair dismissal, cf. above, the Tribunal may decide that
the enterprise should pay compensation to the
dismissed employee. The amount of compensation
depends on the circumstances of the case and the
length of service of the unfairly dismissed employee.
Compensation may not exceed 52 weeks’ pay,
calculated on the basis of the average earnings during
the preceding year.
(f) If the Tribunal is presented with cases where a claim is
made that a dismissal is unfair, and, according to
legislation, the dismissed employee has a different legal
status than the one provided for in the General
Agreement, the Tribunal shall, upon a claim from the
plaintiff, base its decision on the relevant legislation.
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Section 5 (deleted)
Note
The central organisations agree that a difference continues to exist
between the legal position of managers and that of ordinary
employees, as also appears from legal practice.
In the event that removal of section 5 of the General Agreement
gives rise to organisational problems in the labour market, the
parties are ready to discuss the matter with a view to resolving the
issue.
Section 6
(1) The central organisations shall oppose any attempts to exclude
persons from joining employee organisations on the basis of
company law provisions, or other contracts or ownership of shares,
which do not make the persons concerned genuine co-owners of
the enterprise.
(2) When deciding whether an employee is a genuine co-owner, it has
to be considered whether the employee concerned can be
dismissed in accordance with the general rules on employment as
laid down in legislation.
Section 7
(1) The term of notice for terminating agreements and wage rates and
other employment conditions shall be three months, unless
otherwise agreed.
(2) Even in cases where an agreement has been terminated or has
expired, the parties remain committed to observe its provisions
until it has been superseded by a new agreement or until a work
stoppage has been initiated in agreement with the rules of section
2.
Section 8
(1) The central organisations, agree that, where the employment
relationship allows for it, rules concerning employee
representatives shall be in collective agreements.
(2) When an employee representative has been elected in compliance
with the provisions of the collective agreements, the employment
relationship cannot be terminated, unless the termination is due to
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lack of work, until the relevant employee’s organisation has had the
opportunity to submit the case to industrial procedure in order to
test whether the dismissal is unfair. The procedure shall, in order to
have delaying effect, be initiated within one week, and terminated
as soon as possible.
(3) If an employee representative is dismissed due to lack of work, the
employment relationship cannot be terminated during the term of
notice, cf. (4), until the representative’s organisation has had the
opportunity to submit the case to industrial procedure in order to
test whether the dismissal is unfair. The procedure shall, in order to
have delaying effect, commence within one week.
(4) If the dismissal is caused by lack of work, the special notice
obligation provided in the collective agreement, according to which
the employee representative has been elected, shall cease to
apply. In such cases, the employee representative is entitled to the
ordinary term of notice, as provided by the collective agreement.
(5) If an employee representative is transferred with the effect that he
can no longer undertake this function, he shall be given rights
equal to those applying to dismissals, cf. (2), (3) and (4).
Section 9
(1) The central organisations shall promote cooperation between the
organisations and shall encourage smooth and stable working
conditions in undertakings through the joint cooperation
committees or through other appropriate bodies.
(2) Neither side shall hinder an employee in the performance of his job
to the fullest extent allowed by his training and abilities.
Section 10
(1) In the event of an alleged breach of this Agreement or of any other
collective agreement concluded by the central organisations or
their members, a joint meeting shall be held, with the participation
of the central organisations, before a complaint is submitted to the
Industrial Court.
(2) In case the alleged breach of agreement is in the shape of a work
stoppage, cf. section 2, which has not yet been terminated, the
joint meeting shall be held immediately and, at the latest, the day
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after the stoppage was initiated. In other cases the joint meeting
shall be held as soon as possible. The party requesting a joint
meeting may demand that the joint meeting be held within a week.
(3) The request to hold a joint meeting shall to the extent possible
state the details of the case and relevant documents of the case
shall be enclosed.
(4) If the parties agree, the appointed joint meeting may be held by
telephone.
(5) At the joint meeting the reasons underlying the dispute shall be
explained and endeavoured to be solved. Minutes will be taken,
from which will appear the positions of the parties.
Section 11
Associations and undertakings affiliated to the central
organisations may not, by resigning from the central organisations,
absolve themselves from the commitments undertaken under the
present General Agreement. These commitments shall remain
valid until the General Agreement has lapsed following termination
by one of the central organisations.
Section 12
(1) This General Agreement shall remain in effect until terminated by
six months’ notice as at 1 January, but not earlier than 1 January
1995. Either of the central organisations wishing to amend the
General Agreement shall inform the other party six months before
notice of termination, after which negotiations with the object of
reaching agreement and thus avoiding termination of the General
Agreement shall be commended.
(2) Should negotiations to renew the General Agreement, after due
notice of termination has been given, not be completed by 1
January, the Agreement shall remain in force, irrespective of
whether the termination date has been exceeded, until the current
collective agreements have been superseded by new ones. The
Agreement thus lapses at the time the new agreements are
implemented.
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Protocol
The parties agree that work stoppage is to be avoided, and that the
organisations shall actively contribute to this end; cf. the terms of
this General Agreement.
The central organisations agree that guidelines for the holding of
joint meeting shall be worked out as soon as possible.
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Annex 2
Travel allowance
(Applicable only to employment at non-permanent workplaces)
Copenhagen and North Zealand, Zone 1
Travel allowance
Regarding the civil engineering, bricklayer and carpentry trades
for work within the area covered by the Collective Agreements for
Copenhagen and
North Zealand, Zone 1
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the workplace, the employee will receive an additional allowance per
day on which he reports for work of DKK 1.20 per kilometre or part
of a kilometre for the kilometres where public transport cannot be
used. The number of kilometres is measured by the nearest route,
and the allowance is only calculated one way. If, after transport by
public transport, the distance from the means of transport to the
workplace is 1 km or below, no allowance will be paid for this
distance.
If the employee does not wish to use public transport, the allowance
for use of own vehicle for this part of the distance cannot exceed the
expenses for public transport.
3. Where use of public transport is not possible or expedient, the
employee will receive an allowance per day on which he reports for
work of DKK 1.20 per kilometre or part of a kilometre for the
distance from the local authority boundary to the workplace. The
number of kilometres is measured by the nearest route, and the
allowance is only calculated one way.
4. Where the transport distance from the local authority boundary (in
this regard the City of Frederiksberg is reckoned as part of the City
of Copenhagen) to the workplace exceeds 12 km, in addition to the
amount stated in paras. 1 - 2, the employee receives an extra
allowance of DKK 0.55 per kilometre or part of a kilometre in excess
of 12 km, the allowance only being calculated one way. This
allowance of DKK 0.55 per kilometre is not granted for the distance
mentioned in para. 2, third sentence, for which no allowance is paid.
5. Payment of travel allowance pursuant to paras. 1 - 3 lapses if the
enterprise provides necessary and suitable transport from the fare
zone or railway station nearest to the local authority boundary.
Where the employee is engaged for the work at the actual
workplace, allowance of every description pursuant to paras. 1 - 4
lapses.
6. Travel allowance pursuant to the above is paid in arrears on the
weekly pay day, but monthly travel cards are paid pro rata.
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Special provision with regard to roofing work
Travel time and calculation of allowances
As an allowance for the time used to travel to the first workplace in the
morning, the following travel allowances are paid:
1. For a distance from the place of employment to the first workplace in
the morning measured in road kilometres, one way, the following
amounts are paid:
a. Regional districts
1.3. 2014 1.3.2015 1.3.2016
From 0 up to and including 7 km, DKK 19.10 19.35 19.65
Over 7 km up to and including 30 km, DKK 39.15 39.70 40.30
Over 30 km up to and including 50 km, DKK 66.45 67.40 68.45
b. The Capital
The area covered by a circle with its centre in Town Hall Square and
a radius of 27 km.
1.3.2013 1.3.2014 1.3.2016
From 0 up to and including 5 km, DKK 33.70 34.20 34.70
Over 5 km up to and including 10 km, DKK 56.35 57.15 58.00
Over 10 km up to and including 15 km, DKK 78.95 80.05 81.25
Over 15 km up to and including 20 km, DKK 101.35 102.80 104.35
Over 20 km up to and including 30 km, DKK 124.15 125.90 127.80
Over 30 km up to and including 40 km, DKK 146.50 148.55 150.80
Over 40 km up to and including 50 km, DKK 169.05 171.45 174.10
The above travel allowances apply from the beginning of the pay
week.
c. Travel in both areas
If the location of the workplace entails travel in both areas, the table
with the heading 'The Capital' is used, but in such manner that the
sum of km travelled one way in the regional districts divided by 2.5
plus the number of km travelled one way in the capital is used as the
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point of entry to the table.
2. The above travel allowances cover travel back and forth in the
enterprise's vehicle.
3. No travel allowance is paid to employees paid by the hour or at
piecework rate if the employee has been requested to report for
work at the place of employment when working hours start.
4. In the latter case, travel time is paid by the hour at the minimum rate
of pay, see § 21.
5. place of employment means the enterprise's business address,
district office, agreed place for employees to report for work or
similar.
6. In cases where, according to agreement with the enterprise, an
employee makes a car available to the enterprise and transport
himself and/or several other people, the employee is paid per km
travelled by nearest practicable route in accordance with state rules.
7. The rates of payment in para. 1 a and b are adjusted by the same
percentage rate as the minimum pay rate provided for in the
collective agreement; see § 21.
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Annex 3
Winter construction
Agreement on winter construction measures
between
the Danish Construction Association (Dansk Byggeri) and
the United Federation of Danish Workers (Fagligt Fælles Forbund – 3F)
and the Timber, Industry and Construction Workers’ Union in Denmark
(Træ-Industri-Byg i Danmark –TIB)
General
In order for employees to make full use of working hours for
productive activities, protective winter measures will be taken on the
following basis:
- Executive Order no. 477 of 18 May 2011 on construction and
civil engineering works in the period from 1 November to 31
March
- Section 11(2) (covering) and section 12(1) (stationary work
sites) of Executive Order no. 1516 of 16 December 2010 on
Building and Construction pursuant to the Working Environment
Act.
- Similar protective winter measures will be taken for small-scale
construction works lasting more than three working days and
performed in the period from 1 October to 30 April, unless such
measures will be obviously unreasonable or inappropriate.
When protective winter measures are taken, a distinction is made
between:
a. Seasonal and weather-related protective winter measures (non-
contractual protective winter measures).
1. Weather-related protective winter measures must be taken
on the basis of the instructions for the project that must
generally be prepared by the client.
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2. Seasonal protective winter measures must be taken on the
basis of the contractor’s instructions.
Where the project description/construction site plan states or ought
to state that protective winter measures must be taken, the
employees must be willing, against payment, to take, maintain and
possibly remove the measures stated as well as other seasonal
protective winter measures – see the list of seasonal and weather-
related protective winter measures in chapter 2 of the guidelines to
the Executive Order on Protective Winter Measures, as well as
section 11(2) of the Executive Order on Building and Construction –
according to the employer's directions. The employees’ obligations
also apply to seasonal and weather-related protective winter
measures not stated in the project description / construction site plan
because the work is carried out pursuant to the pilot scheme
described in section 4 of the Executive Order on Protective Winter
Measures.
The enterprise supplies the necessary materials and equipment for
taking the specified protective winter measures.
b. Contractual protective winter measures, i.e. measures agreed
between the respective parties to the collective agreement.
These protective winter measures constitute the measures
specified for individual trades, unless:
1. The requirements stated in the project description /
construction site plan for the work in question to winter
construction measures render the measures mentioned
below unnecessary;
2. It is proven that conditions over which the enterprise has no
control make it impossible to take one or more of the
measures; or
3. The enterprise and the employees employed for the work in
question have agreed that one or more of the measures can
be dispensed with in the case at hand, as long as any such
agreement is not in conflict with the client’s instructions
regarding the responsibility for taking the measures.
Where work operations are performed on the same site for an
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extended period of time, see section 12(1) of the Executive Order on
Building and Construction, measures are taken at the employer's
initiative to protect against the weather, e.g. erection of a suitable
tent or canopy or relocation of the work to a building or shed, insofar
as possible with access to daylight, unless it will be obviously
unreasonable or inappropriate.
The employer sets up artificial lights in separate work areas where
this is necessary for the proper execution of the work.
The enterprise makes sure that its own water supply is protected
against the consequences of frost where this is necessary for the
execution of the work.
Employees are obliged to be as careful as possible with protective
materials and equipment and lighting measures.
Welfare facilities
1. Where movable wind protection, see section 12(1) of the Executive
Order on Building and Construction, is supplied at the initiative of
the enterprise, the employees are responsible – without payment –
for erecting and moving such movable wind protection.
Where wind protection causes considerable inconvenience to the
execution of work, the employees may demand that no wind
protection be erected.
Protection of materials
2. The enterprise must provide the necessary covering material and is
responsible for covering its own materials. Employees are obliged,
without special payment, to uncover and cover such covered
materials used for the day-to-day work.
Settlement of industrial disputes
Any disputes relating to the contractual protective winter measures
(B), and all issues relating to payment (A+B), will be settled in the
usual manner in accordance with the Procedure for the Settlement
of Industrial Disputes. Disputes on the scope of protective winter
measures (A) cannot be settled according to the Procedure for the
Settlement of Industrial Disputes.
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Table of seasonal and weather-related measures, based on the
Danish Enterprise and Construction Authority (EBST) guidelines
relating to new executive order on protective winter measures
Weather-
Seasonal related
1. Building site measures
Drainage of surface water X
Snow clearance, gritting and de-icing X
Outdoor general and work lighting X
Protection of materials from precipitation X
Protection of materials from frost X
Reinstatement of winter-damaged road
surfaces and material storage areas X
Establishment of interim winter routes X
Frost-protection of water installations X
Wind protection and covering of work
locations X
2. Ground and sewage work measures
Measures against mud formation X
Measures against frost problems X
Removal of precipitation from ground level
and excavations at low temperatures or high
humidity X
Frost protection of ground where freezing can
damage established structures X
Protection of backfill from precipitation X
Protection of backfill from frost X
Replacement of unsuitable backfill X
Break-up of frost crust X
Improvement and replacement of winter-
damaged surfaces X
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3. Concrete work measures
Measures to combat snow and ice on
formwork, reinforcement and aggregates X
Measurements to combat frost destruction of
hardening concrete X
Measures to protect concrete surfaces X
4. Masonry measures
Measures to protect bricks, wall blocks, etc.
from wet X
Measures to protect mortar from low
temperatures X
Coverage and/or protection of newly erected
masonry from precipitation X
Coverage and/or protection of newly erected
masonry from precipitation X
5. Roofing measures
Measures against precipitation X
Drying of roof at low temperatures X
Removal of snow, frost, ice and water X
6. Indoor work measures
Temporary sealing of intermediate floors
and/or roof structures against water seepage,
cold and heat loss X
Drainage of rain and meltwater X
Snow clearance on uncompleted intermediate
floors and roof decks X
Closure of facade openings X
Heating and ventilation X
Drying out of precipitation moisture X
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Annex 4
Contract of employment
4 At the time of employment, the personal hourly wage for work paid by the hour amounts to:
DKK______________________
The wage is paid: Weekly Every two weeks
Other:________________
In addition, overtime pay, supplement for staggered hours, payment for work requiring
employees to work away from the usual place of work, work requiring employees to be
away from their homes overnight and inconvenience allowance may be payable according
to the above collective agreement. Holiday rules also follow the above collective
agreement.
Piecework may occur, where the price is fixed according to the provisions of the collective
agreement, and the duration of the work is fixed. Similarly, various incentive pay schemes
may exist, which are also fixed according to the collective agreement. Local agreements
may have been concluded.
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6 Health:
The employee affirms that he has no knowledge of suffering from any chronic or other
disease, which will be of significant importance to the employee’s capacity for work for the
job concerned.
7 Absence – sickness:
In case of sickness, the employee must notify the enterprise on tel.
___________________ not later than on the first day of sickness at the start of working
hours. If the employee has received a solemn declaration, he must send it to the enterprise
on the first day of sickness. The enterprise may demand a fit for work certificate etc.
according to the provisions of the Danish Sickness Benefit Act (Sygedagpengeloven).
Absence – other:
All other absence such as holidays must have been agreed with the enterprise.
9 The employee is employed in the enterprise to perform work in accordance with the above
collective agreement.
Date:__________________
________________________________________________________________________
Enterprise Employee
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Instructions
Item 1:
State the date of employment.
See the provisions of the collective agreement on the definition of permanent workplaces. If,
at the date of employment, the employee is expected to carry out both work in the workshop
and work away from the usual place of work, tick both spaces. Tick the trade in which the
employee is to work. After the space "other", state any trade that falls outside those stated,
e.g. upholsterer or boy.
Item 2:
As employers' association, state the Danish Construction Association (Dansk Byggeri).
As employee organisation, state the trade union that is the employee party to the collective
agreements concluded between the Danish Construction Association and members of the
Federation of Building, Construction and Wood Workers’ Unions (Bygge- Anlægs- og
Trækartellet – BAT). State the employee party to the agreement, not the trade union, of
which the employee is a member.
The following trade unions are members of BAT:
United Federation of Danish Workers (including bricklayer work) (Fagligt Fælles Forbund –
3F), Danish Metal Workers' Union (Dansk Metal), Painters' Union in Denmark
(Malerforbundet i Danmark), Danish Union of Electricians (Dansk El-Forbund), Danish
Union of Plumbers and Allied Workers (Blik- og Rørarbejderforbundet i Danmark).
Item 3:
The employee must provide this information.
Sufficient length of service is achieved after six months' paid employment irrespective of
trade. NB: Employees employed under the collective agreement concluded between the
Danish Construction Association and the Painters' Union in Denmark must have served six
months under a collective agreement in the trade. Length of service is accumulated across
company affiliation.
If the six months' service has not been accumulated, state precisely how many
months/weeks are left before the sufficient length of service has been accumulated.
Item 4:
In case of other forms of pay settlement, attach them to the contract of employment.
According to the collective agreement concluded between the Danish Construction
Association and the Painters' Union in Denmark, employment is exclusively on a piecework
basis.
Items 6 and 7:
If the employee handbook or similar sets out other rules, cross out items 6 and 7 and give
the employee the rules in force together with the contract of employment.
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Annex 5
Offshore Agreement
1 Scope
These present guidelines apply to all work on floating and fixed platforms.
The guidelines concern work of a duration of at least one complete period
of work and time off (4 weeks).
For work of a duration shorter than one complete period of work and time
off, see Rule 3, para. 4.
2 Working time
1. The work period on platforms is 14 days followed by 14 days off
ashore. The work period may be changed at management's
discretion, taking the interests of the enterprise into account. The
ratio between working days and days off must be 1:1. The number
of normal, effective daily working hours is 12 hours on all days of the
week. If an employment relationship covering a complete period of
work and time off is cut short before the end of the period, working
hours performed are settled in accordance with Rule 3, paras. 1, 2
and 3.
2. The number of working hours per work period (14 days) is 168. For
each work period, the employee earns 20 hours of time off. Time off
thus accumulated must be used within 12 months, taking into
consideration the operational conditions of the enterprise. Time off is
arranged in consultation with the employees.
For use during the accumulated time off in lieu, an amount equal to
ten hours' pay (hourly pay rate including offshore allowance) per
work period is set aside.
If the time off in lieu is not taken within the 12-month deadline, the
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amount set aside is paid out with the addition of 20 hours' overtime
payment.
3 Pay issues
1. Pay is fixed in accordance with the provisions of the collective
agreement.
In addition to pay, a special offshore allowance will be paid from the
beginning of the pay week which includes
1 March 2014 per hour ................................................ DKK 36.15
1 March 2015 per hour ................................................ DKK 36.70
1 March 2016 per hour ................................................ DKK 37.35
The offshore allowance includes all allowances provided under the
provisions of the collective agreement and covers all special conditions
connected with offshore work.
2. For work exceeding 12 hours per day, an overtime rate fixed at 50% of
the agreed hourly pay including offshore allowance is paid. If total
working hours during a 14-day period exceed 168 hours, payment for
the exceeding working hours is increased by 50%.
3. The provisions of paras. 2 and 3 do not apply to work of short duration.
For work of a duration shorter than one complete period of work and
time off, a local agreement is concluded in accordance with the
provisions on work requiring employees to be away from their homes
overnight; see Rule 7. Working hours in case of work of short duration
may be the same as the daily and weekly working hours mentioned in
Rule 2, but working hours exceeding the weekly working hours
stipulated in § 7 of the collective agreement – weekly working hours –
are settled in accordance with the provisions of the collective
agreement, and time off in lieu is taken according to agreement and
adapted to the special conditions in the offshore sector.
4. In addition to pay, payment for public holidays is granted in
accordance with the provisions of the collective agreement.
5. For work on public holidays, i.e. the days for which advance payment
for public holidays is due, the following allowance will be paid from
the beginning of the pay week which includes
1 March 2014 ............................................................ DKK 466.55
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1 March 2015 .............................................................. DKK 474.00
1 March 2016 .............................................................. DKK 482.05
4 Travel and waiting time
The work period is calculated from the departure from the base port
(agreed meeting point) until arrival at the base port. For additional time
of transport between the base port and the place of work, time off in lieu
is given to the extent that total working hours exceed the time off ashore.
A calculation of this is made every six months, the timing of the time off
in lieu being determined by agreement. Waiting time in the base port or
on the platform is paid for at the pay rates mentioned in Rule 3.
The organisations recommend that local agreements be concluded on
allowances for transport between the employee's place of residence and
the base port.
5 Board and lodging
Before the commencement of work, the details of board and lodging are
agreed.
6 Holidays
Employees are entitled to holidays and holiday pay in accordance with
the provisions of the Danish Holiday Act, but the period in which holidays
are taken must be adjusted to the specific work periods.
7 Work requiring employees to be away from their homes overnight
(The present provision originates from Art. 20 of the collective
agreement between the Confederation of Danish Industries (Dansk
Industri) and the Central Organisation of Industrial Employees (CO
Industri), and applies only to work of short duration; see Rule 3, para. 4.)
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Payment for work requiring employees to be away from their homes
overnight
2. If no other agreement has been made, employees are paid for work
requiring them to be away from their homes overnight at the rate of
their total average earnings from piecework and work paid by the hour
in the enterprise in the preceding quarter.
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Annex 6
Agreement on pre-training
Made between the Danish Construction Association (Dansk Byggeri),
the United Federation of Danish Workers (Fagligt Fælles Forbund – 3F)
and the Timber, Industry and Construction Workers’ Union in Denmark
(Forbundet Træ-Industri-Byg i Danmark – TIB)
Background
The drop-out rate in vocational training programmes is worrying. The
organisations assess that part of this drop-out can be avoided if young
people – who choose training/education – have a better practical basis
for assessing and feeling whether the trade/training programme is
something for them or not.
Pre-training may also advantageously be used as an introduction to the
construction and civil engineering sector for young people from different
ethnic backgrounds.
Purposes
The purposes of preliminary training for young people are as follows:
· That the enterprise and the young person have the opportunity of
establishing cooperation that may subsequently lead to a training
agreement
· that the enterprise has the opportunity to form an impression of the
young person's personal, general and professional qualifications, and
whether such qualifications fit into the trade and the organisation of
the enterprise.
· that the young person has an opportunity via relevant work to test
his/her abilities and interest for the chosen trade
· to reduce the drop-out rate among trainees
· to create more potential traineeships among more enterprises
Framework
Pre-training agreements can only apply to young people who have
reached the age of 15 but still not the age of 18 years.
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The enterprise must have been approved as a practical training
enterprise to train trainees within the trade, in which the pre-trainee wish
to train, as the agreement is made with the intention that an ordinary
training agreement will be concluded in continuation of the pre-training
period.
The pre-training agreement has a term of not more than six months, but
may have a shorter term according to agreement between the enterprise
and the pre-trainee.
The entire pre-training period is covered by the collective agreement in
the training area in force at the time in question and made between the
Danish Construction Association, 3F or TIB, respectively.
At the start of the agreement, the trainee receives at least one set of
workwear and safety footwear.
Either party may terminate the agreement at any time by giving five work
days' notice in writing. If the enterprise terminates the pre-training
agreement before the expiry of the agreement, the enterprise must state
in writing the reasons why the pre-trainee cannot complete the pre-
training agreement.
A copy of the notice of termination must be sent to the Technical
Committee.
The pre-training agreement lapses automatically on the expiry date of the
agreement and on conclusion of an ordinary training agreement.
Shorter working hours may be agreed individually in cases where a pre-
trainee needs to improve his/her language and academic qualifications.
A copy of the pre-training agreement must be sent to the Technical
Committee.
Obligations of the enterprise
1. The enterprise ensures that during the entire agreement period, the
pre-trainee is attached to an adult contact person, who is
responsible for the training. At the start of the agreement, the
contract person responsible for the training must ensure that the
pre-trainee receives thorough health and safety instructions
regarding the job duties of the trade.
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2. The enterprise regularly gives instructions and efficiently monitors
that work is performed in accordance with health and safety
requirements.
3. The enterprise gives the pre-trainee a beginning insight into the job
duties of the trade and organises the pre-trainee's participation in
duties with the aim that the pre-trainee learns the technical language
used at the elementary level and becomes motivated to undergo
vocational training.
4. The enterprise takes out statutory industrial injury insurance that
covers the pre-trainee during the entire agreement period.
Obligations of the pre-trainee
1. The pre-trainee must participate in the required safety instructions in
the enterprise at the start of the agreement period.
2. The pre-trainee must follow the instructions given by the enterprise
and other employees with regard to safety measures and job duties.
The pre-trainee must follow the enterprise's general administrative
procedures for staff, which have been laid down and handed out,
including:
reporting sickness or other absence and providing address
information
Executive Order on work performed by young people
Pre-trainees under the age of 18 are covered by the Danish Working
Environment Authority's Executive Order no. 239 of 6 April 2005 with
annexes, and attention is drawn to the special provisions in Part 8
regarding authorisations, dispensations, etc.
Contract of employment
The organisations prepare a standard agreement as well as guidelines.
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Annex 7
Provisions on holiday leave and public holidays
for employees posted abroad
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Issue of holiday card
The holiday fund informs the employees of how outstanding holiday
allowance may be paid.
Before 1 April, the holiday fund issues a holiday card to the employee
with the following information:
Name and address of the employee
Holiday allowance paid into the holiday fund
Number of accrued days of holiday leave.
Attestation of holiday cards
With his/her signature on the holiday card, the employee solemnly
declares that the holiday will be taken.
If the employee is not going to take all of the holiday leave to which
he/she is entitled as a continuous period, the holiday fund issues a new
holiday card stating residual holidays not yet taken.
Payment of holiday allowance from the holiday fund
The employee sends his/her holiday card to the holiday fund, which
transfers the amount to the employee's account.
The holiday allowance can be deposited in the employee's account one
month before the start of the holiday at the earliest, provided that the
employee has submitted the holiday card duly completed and signed.
Payment of holiday allowance without holidays being taken
Holiday allowance for previous and current holiday qualifying years is
paid to the employee without holidays being taken
if the employee leaves the labour market for reasons of age or
health; or
if the employee's employment in Denmark ceases and the employee
leaves Denmark.
Payment of holiday allowance at the end of the holiday year
Holiday allowance not collected by the employee before the end of the
holiday year (30 April) may be paid to the employee according to special
guidelines.
If the uncollected holiday allowance is less than DKK 2,250, the holiday
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allowance is paid automatically to the employee after the end of the
holiday year and on 15 June at the latest.
Setoff
All enterprises covered by this agreement must pay to the holiday fund.
If an enterprise is subsequently able to prove that the holiday allowance
has already been paid or allocated to the employee, the holiday
allowance may be repaid following approval by the parties to the
collective agreement. The aim is that enterprises covered by the
provision should not pay double.
German enterprises
As regards German enterprises affiliated to the German construction
sector's holiday fund ULAK under the social fund for the construction
sector SOKA-Bau, the parties agree that no examination should be made
as to whether holiday allowance and payment for public holidays paid in
Germany correspond exactly to the Danish rates. The agreement
between the Federal Ministry of Work and Social Affairs in the German
Federal Republic and the Ministry of Employment in Denmark ensures
mutual recognition of the Danish and German holiday rules. According to
the Danish-German holiday agreement, the above presupposes that a
statement from ZVK-Bau has been submitted to the Danish union,
containing the required gross list of employees.
After approval by the parties to the collective agreement, payment to 3F's
holiday fund may cease.
Special provisions
Any holiday allowance not collected before 30 September after the end of
the holiday year, in which the holiday was to be taken, accrues to the
holiday fund.
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2014
Dansk Byggeri
Nørre Voldgade 106
Fagligt Fælles Forbund
Kampmannsgade 4
COLLECTIVE AGREEMENT FOR THE CONSTRUCTION
1358 København K
Telefon: 72 16 00 00
1790 København V
Telefon: 70 300 300 AND CIVIL ENGINEERING SECTORS 2014
[email protected] [email protected] BETWEEN: DANSK BYGGERI/THE DANISH CONSTRUCTION ASSOCIATION
www.danskbyggeri.dk www.3f.dk AND FAGLIGT FÆLLES FORBUND/UNITED FEDERATION OF DANISH WORKERS
2014
2014 2014 2014
2014
2014 2014
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