This translation consists of the most important elements of the standard collective agreement. It is produced as a
service - and may therefore not be used as the basis of solicitation. If in any doubt the Danish text is the only valid text.
Agreement between the Danish Employers’ Association for the Financial Sector (FA) and the
Financial Services Union on rules for dealing with industrial disputes
1 Scope of the agreement
(1)
The present “Rules for dealing with industrial disputes” are to be used in the event of:
a.
Disagreement regarding enterpretation of collective agreements, agreements, or usage and practice entered
into between FA or a member of FA and the Financial Services Union, including corporate collective
agreements entered into between a member company of FA and the Financial Services Union’s trade-union
representative at the company.
b.
Disagreement between members of FA and members of the Financial Services Union in individual personal
employment-law cases.
c.
Disagreement relating to comprehension and breach of the Danish Act on Notices etc. in connection with
Collective Dismissals.
(2)
Fundamental test cases and cases concerning interpretation of the law can be brought before the
ordinary courts of law. Other cases can be brought before the ordinary courts of law subject to agreement
between the parties.
(3)
Cases involving breach of the collective agreement are to be lodged with the Labour Court. Prior to
lodging, a “joint meeting” shall be held at the request of one of the organisations to discuss the case no later than
14 days after receipt of the request. If an organisation is a member of a more comprehensive organisation, the
action shall be brought by and against the latter organisation.
2 Organisation meeting
(1)
Either of the organisations shall request in writing that a disagreement listed under Section 1 be
negotiated at an organisation meeting. In the case of notice/summary dismissal, the request shall be submitted as
quickly as possible and no later than 4 weeks after notice has been received. If local negotiations on notice/
summary dismissal are in progress between the company and the local trade-union representative, the time-limit
can be deferred, providing the organisations are notified to this effect. If, after final local negotiations, an
organisation meeting is wished for, a request to this effect must be submitted as quickly as possible and no later
than 4 weeks after ascertaining the local disagreement.
(2)
The organisation meeting shall be held without delay and within 14 days of the request having been
received.
(3)
Minutes of the organisation meeting’s negotiations and outcome shall be drawn up. The minutes must be
signed at the organisation meeting.
(4)
Notification that an organisation wishes to lodge a test case with the ordinary courts of law or have it
heard by industrial arbitration shall be presented in writing to reach the opposite organisation no later than 4
weeks after the organisation meeting at which the disagreement is ascertained.
3 Arbitration court
(1)
If agreement is not reached between the organisations at the organisation meeting, either of the
organisations can request that the case be referred for final settlement at the Industrial Arbitration Court, cf.
Section 1.
(2)
The statement of claim must reach the defendant organisation no later than 1 month after receipt of the
request for arbitration.
(3)
The answer to the request must reach the plaintiff organisation no later than 1 month after receipt of the
statement of claim.
1
(4)
By way of exception, both organisations can submit a reply or rejoinder in the case, which shall be
submitted no later than 14 days after submitting the answer to the request/reply.
(5)
If one of the above time-limits is exceeded, the case can be rejected for consideration by the Industrial
Arbitration Court after a claim to this effect. If one of the above time-limits is exceeded, either organisation can
apply for a judgement in accordance with its claim, unless special conditions apply, cf. rules of the Danish
Administration of Justice Act on non-appearance and resumption, Sections 354 and 367.
(6)
The organisations agree that in cases concerning interpretation of the law and otherwise by way of
exception, when special conditions apply, a written agreement can be concluded to derogate from the above timelimits and rules.
(7)
In cases involving dismissal, in which the employee has a period of notice shorter than 6 months, an
agreement shall be made concerning shorter time-limits for the purpose of ensuring that the arbitration procedure
has been settled and a ruling delivered as far as possible prior to the time of severance.
4 The composition and ruling of the arbitration tribunal
(1)
The industrial arbitration court’s jurisdiction includes hearing and deciding the cases referred to in Section
1, subclause 1.
(2)
The industrial arbitration court normally consists of 5 members, of which each organisation appoints 2.
The parties jointly approach the Labour Court chairman with a view to designating an arbitrator. In this connection
the parties endeavour to submit a unanimous recommendation, cf. subclause 4. By way of exception, the parties
can agree that there are to be only 2 judges appointed by the organisations. In cases of a fundamental or major
nature, the parties can agree that the number of arbitrators be expanded to three.
(3)
Neither can be a member of the industrial arbitration court where the case pertains to work conditions in
which the person in question has a personal interest. The arbitrator is subject to the Danish Administration of
Justice Act’s general rules concerning legal incapacity for judges. Those judges who are to take part in
adjudicating the individual case shall of their own accord investigate whether there are any grounds that may give
rise to incompetence. Any objection to a judge’s competence should, wherever possible, be presented
immediately after receiving the notice about the judges due to take part in the trial proceedings, and should at any
rate be presented before the beginning of the arbitration negotiations. The decision concerning a judge’s
competence shall be made by the arbitrator.
(4)
At the same time as and no later than the request for arbitration being submitted, the plaintiff shall lodge
an objection in writing about the choice of arbitrator and, should it be wished to oppose the objection, the
defendant shall notify the complainant thereof no later than one week later. When the arbitrator has been
appointed, the organisations shall immediately agree a time for the meeting at the arbitration tribunal.
(5)
If, during the voting, no majority is obtained in favour of a decision in the case, the arbitrator shall settle
the disagreement in a reasoned ruling in which the question of the court’s competence is also decided, if
necessary.
(6)
In his ruling the arbitrator is confined to making a decision that falls within the other arbitration judges’
deliberations and otherwise within the claims set up.
(7)
Subject to the requisite adjustments, the arbitration negotiation shall be subject to the rules of the Danish
Administration of Justice Act on the hearing of first-tier civil actions, including the rule that a witness may not hear
evidence by other witnesses, expert witnesses or parties unless otherwise determined by the court. The
proceedings take place in open court unless otherwise determined by the parties or the arbitrator on account of
the nature and circumstances of the case.
(8)
The ruling is adopted by a vote following prior consultation. The consultation and the vote are done
verbally, and the arbitrator always votes last. In the voting, only those judges who have presided over the verbal
proceedings in their entirety take part. The decision is taken by a majority vote. If a majority is not obtained in
favour of a decision when voting, the arbitrator settles the disagreement in a reasoned ruling, which must also
decide the matter of the court’s competence. The arbitration awards are published in accordance with the parties’
joint understanding and current rules in depersonalised form.
(9)
Half the fee for the arbitrator/ arbitrators is defrayed by each of the organisations, which otherwise defray
their own costs.
2
Agreement between the Danish Employers’ Association for the Financial Sector (FA) and the Danish
Financial Services Union concerning union-related work
1
Purpose
(1)
The Danish Employers’ Association for the Financial Sector (FA) and the Financial Services Union have
entered into this agreement concerning union-related work to lay down a framework for the activities of employee
representatives in a company. The employee representatives and the management share the task of
safeguarding the interests of the employees and the company alike and should contribute to maintaining and
promoting a stable and beneficial cooperation based on open dialogue and mutual trust.
(2)
–
–
–
–
For the purposes of this agreement employee representatives are:
Shop stewards and senior shop stewards of the Financial Services Union
A number of executive committee members of union-related staff associations, cf. clause 11(1)
Executive committee members of company union branches
Executive committee members of the geographic union branches and of the Executive Council of the Financial
Services Union.
In addition, the agreement lays down rules relating to:
– Executive committee members elected by the employees
– Members of the Assembly of Representatives of the Financial Services Union and delegates to the National
Congress of the Financial Services Union
– Executive committee members of union-related staff associations.
(3)
In the individual companies ”the union representative” is a synonym for the ultimate authority in unionrelated matters within the company. The union representative is, in prioritised order, one of the following: The
executive committee of a company union branch, the executive committee of a union staff association, a senior
shop steward or a shop steward.
2
The shop steward’s tasks
(1)
The shop steward and the management of the company/unit shall keep each other informed of matters in
the company/unit that must be presumed to affect or that will presumably affect working and staff conditions. This
includes information about staff recruitment, redundancy and rotation.
(2)
The shop steward must, without delay, be informed of any changes in the unit that must be presumed to
affect or that will presumably affect employee working conditions, and he/she must be given the opportunity to put
forward his/her views before the implementation of such changes.
(3)
Discussions shall take place between the management of the unit and the shop steward when requested
by one of the parties. The same shall apply to discussions between the company management and the senior
shop steward, cf. clause 11(2).
(4) ....... The shop steward represents the members, and upon the request of an employee the shop steward may
submit enquiries, complaints or recommendations to the management. If the shop steward is not satisfied with the
management’s decision, he/she may ask the union representative to deal with the matter. If the union
representative does not wish to take any further steps, the shop steward may contact the Financial Services
Union about the matter.
(5)
In matters that only concern one or a few individual members of the Financial Services Union, this/these
member(s) should themselves submit the matter to the manager of the unit or the manager’s representative. The
member(s) may also ask the shop steward to do so. The management of the company/unit may always contact
the individual member directly.
Once the member has been informed of the circumstances relevant to the matter, the member may call in the
shop steward.
3
Pay reductions, dismissals, summary dismissals and cautionary interviews
(1)
The local shop steward and/or the union representative (depending on the locally agreed procedure)
must be notified prior to the reduction of a member’s pay on the initiative of the company, and prior to the
dismissal of a member of the Financial Services Union.
3
Notification must be given the day (preferably 24 hours) before the employee is notified. It must be given in good
time for the local shop steward and/or the union representative to prepare in the best possible way for
safeguarding the member’s interests and to consult the union representative and the Financial Services Union.
In the event of a summary dismissal, notification must be given as soon as possible.
(2)
In the event of a cautionary interview, a pay reduction or a dismissal the company must offer to have the
local shop steward or the union representative participate in the meeting with the management. If the member
does not want the local shop steward or the union representative to participate in the meeting, the shop steward
or the union representative shall subsequently be informed of the results of the meeting.
The local shop steward and/or the union representative shall then be entitled to inform the Financial Services
Union of the cautionary interview, pay reduction or dismissal.
(3)
The employer shall submit a copy of the notice concerning the pay reduction, dismissal or summary
dismissal to the union representative, or for want of a union representative, to the Financial Services Union no
later than fourteen days after the employee has received such a notice.
Should the union representative not wish to receive the employer’s copies of notices concerning pay reductions,
dismissals or summary dismissals, an agreement can be made with the employer to the effect that such notices
are to be submitted to the Financial Services Union for an agreed period of time.
(4)
In the event of pay reductions, dismissals or summary dismissals, the Financial Services Union is entitled
to take up the matter in accordance with the rules governing union-related disputes. If it is only a question of
evaluating an individual member’s personal efforts, the matter may only be raised if consented to in writing by the
member.
4
Education/training
(1)
Newly elected shop stewards or newly elected union representatives (however, cf. clause 11(1)) who
have not previously completed the basic shop-steward training course will, during their first two years, generally
be entitled to time-off with pay for up to seventeen days to participate in the Financial Services Union’s basic
shop-steward training course, and thereafter for three days per year for brush-up/supplementary course activities.
Enrolment in the course shall be agreed with the manager of the unit.
(2)
Moreover, shop stewards are entitled to three days’ time-off with pay per year to participate in the
Financial Services Union’s review of new agreements and collective agreements between the parties to this
agreement or to hold meetings with the executive committee of the union branch concerning union-related
matters.
(3)
In addition to the time-off mentioned in subclause (2), chairmen of union staff associations, senior shop
stewards and area shop stewards are, after completion of the basic training course, entitled to six days’ time-off
with pay per year to participate in the Financial Services Union’s courses.
(4)
In addition to the time-off mentioned in subclause (2), members of the executive committees of the
Financial Services Union’s branches are, after completion of the basic training course, entitled to six days’ time-off
with pay per year to participate in the Financial Services Union’s courses.
(5)
With the exception of one day per year to participate in the Financial Services Union’s review of new
agreements and collective agreements, the employer and the union representative may agree a different
distribution of the entire time-off with pay, cf. subclauses (1) to (3), as granted the Financial Services Union’s
employee representatives in the company.
(6)
The shop steward shall regularly have the opportunity to participate in relevant professional
education/training. This shall also apply in the event of a change of jobs during his/her term as a shop steward.
The shop steward shall also have the opportunity to participate in education/training that will allow him/her, upon
leaving the position as shop steward, to take on a job at the same level as before becoming a shop steward.
To whatever extent is needed to re-establish the level of position, the above shall also apply after the cessation of
the position.
(7)
Elected representatives taking part as representatives in transnational cooperation committees and
similar bodies shall be granted access to the necessary linguistic and professional training.
4
5
Election of shop stewards
(1)
Members of the Financial Services Union are entitled to elect one or more shop stewards from among
their number in the company in accordance with a local agreement or with the rules stated below.
(2)
The number of shop stewards, their distribution between the individual units in the company and their
term of office may be laid down in a local agreement between the company management and the representatives
elected by the employees/the union representative.
(3)
rules:
6
In companies without a local agreement, shop stewards may be elected in accordance with the following
(A)
In companies with at least six members of the Financial Services Union, these members may elect a shop
steward from among their number.
(B)
In companies made up of several units (offices/branches/departments), a shop steward may be elected in
accordance with the following rules:
(a)
Geographically distinct units with at least six members of the Financial Services Union: one shop
steward.
(b)
Geographically distinct units with each less than six members of the Financial Services Union may,
together with other units in the same company, elect a shop steward when there is a total of at least
six members of the Financial Services Union in the units in question.
(c)
Head offices, regional head offices and administrative centres may elect a shop steward for each
organisationally and managerially discrete area.
Eligibility
The shop steward shall be elected from among members of the Financial Services Union of recognised
professional standing with experience in and insight into company matters, and who have been employed with the
company for at least six months at the time of election. A lower level of seniority can be agreed locally. Trainees,
employees who have been dismissed and department managers cannot be elected as shop stewards.
7
Election time
(1)
Ordinary election of shop stewards shall take place every other year (in odd years) in November with
commencement of service-no later than 1 January the following year, unless another term of office has been
agreed upon locally, cf. see clause 5(2). Shop stewards may be re-elected.
(2)
In companies where an increase in the number of members of the Financial Services Union opens up the
possibility of electing yet another shop steward during the current term of office, cf. clause 5, a shop steward may
be elected for the rest of the term.
(3)
If, for some reason or other, a shop steward moves to another electoral area or becomes unable to carry
out his/her duties, another shop steward may be elected for the rest of the term.
In the event of long-term absence, a temporary shop steward may be elected to fill in during the absence.
(4)
In companies with only one shop steward, an alternate shop steward may be elected. The alternate shall
take the shop steward’s place if the shop steward steps down or becomes unable to carry out his/her duties.
The alternate does not obtain any rights or protection until he/she takes up the position as shop steward.
(5)
If new companies or new company units are established, shop stewards may be elected in accordance
with the rules set out in clause 5.
8
Election procedure
(1)
The Financial Services Union shall take the initiative to hold elections as set out in clause 5. The
protection of shop stewards becomes effective at the time at which the employer is informed in writing of the
election results.
5
(2)
The election is not valid until it has been approved by the Financial Services Union and until the employer
has been notified in writing of the results, by e-mail, where appropriate.
The notice from the Financial Services Union shall be signed by the elected shop steward and shall contain the
following information:
–
–
–
–
–
the election date
the name and occupation of the person elected
the unit(s) for which the person in question has been elected shop steward
the number of members of the Financial Services Union in the unit(s) in question
the number of participants in the election.
(3)
Any objections to the election shall reach the Financial Services Union no later than four weeks after
receipt of the written notice from the Financial Services Union concerning its approval of the election.
The employer’s objections to the election shall be submitted to FA, which shall pass on the objections to the
Financial Services Union within the four-week period allowed for submitting objections.
In the event of disagreement, the matter shall be subject to negotiation between the parties to the agreement, and
if no agreement can be reached, the matter shall be heard by an arbitration tribunal in accordance with the rules
governing the handling of union-related disputes.
9
Consultation meeting
Every year a consultation meeting shall be held between the shop steward and his/her immediate superior, who is
the shop steward’s cooperation partner on the employer side. The first meeting shall take place no later than
three months after the election of the shop steward. In the event of a change of superiors, a new meeting shall be
held no later than three months after the arrival of the new superior.
During these meetings the parties should discuss the items stated in the Appendix.
10
Relationship with consultation committees
The agreement does not cover the general matters dealt with by consultation committees.
11
Union-related staff association/Senior shop steward
(1)
In companies where no company union branch has been established under the Financial Services Union,
a union-related staff association may be set up.
In companies with 20 to 100 employees that have collective company agreements, the members of the unionrelated staff association may elect, from among the executive committee members, an executive committee
member who shall have the same rights as shop stewards to time-off and protection.
In companies with more than 100 employees, the chairmen of union-related staff associations have the same
rights as senior shop stewards to time-off and protection.
In addition, an agreement may be made between the employer and the union-related staff association to the
effect that one or more of the executive committee members who is/are not already shop stewards shall have the
same rights as shop stewards to time-off and protection.
The union-related staff association shall coordinate the collaboration between the employee representatives and
the company management.
(2)
In companies where no company union branch or union-related staff association has been established,
cf. subclause (1), and where more than one shop steward has been elected in accordance with clause 5, the shop
stewards shall elect a senior shop steward from among their number.
The senior shop steward shall coordinate the collaboration between the individual shop stewards and the
company management.
In companies that have been divided into specific areas, the company management and the union representative
may make an agreement as to how to elect/appoint area shop stewards.
6
(3)
The election of the senior shop steward shall take place immediately after all ordinary elections as set out
in clause 7 and after expiry of the period allowed for submitting objections, cf. clause 8(3).
12
Supplementary time-off and education/training
Before negotiations about a collective company agreement are embarked upon, a training programme shall, if
necessary, be agreed upon and carried out for the relevant union representatives to ensure that they possess the
required competencies.
13
Stepping down as a member of the executive committee of a union branch
When a member of the executive committee of a union branch steps down, an education/training and personal
development programme shall be agreed upon with the employer that enables the employee to take up a job at
the same level as the one he/she held before becoming a member of the executive committee.
The same applies to members of the Executive Council of the union.
14
Time-off for organisational work
(1)
Employee representatives
1. The tasks for which the employee representatives are responsible may be carried out during working hours.
However, endeavours should always be made to minimise any inconvenience to the work of the company.
Activities initiated by the company count as working time. The extent to which time outside of normal working
hours spent advising members on company-related issues counts as working time shall be agreed locally.
2. In companies with employee representatives who work by rotation, have changing periods of duty, do shift
work, or work part time, a local agreement shall be made, defining how to include as working hours any
activities arranged by the company during off-duty periods/weeks and for which time-off is granted under this
agreement.
(2)
(a) Union-related staff association
All executive committee members in a union-related staff association are entitled to time-off with pay to participate
in the association’s executive committee meetings. Up to two executive committee members who are not entitled
to time-off by virtue of other provisions, cf. clause 4(1), are entitled to three days’ course activities per collective
agreement period. Moreover, the executive committee members are entitled to three days’ time-off per year
pursuant to clause 4(2) provided they are not similarly entitled by virtue of another provision in this agreement.
(b) Members of executive committees of union branches
Members of the Financial Services Union’s branch executive committees are entitled to time-off with pay to
participate in the following:
1. executive committee meetings of the union branch
2. union branch meetings, including meetings with shop stewards aimed at solving problems that the employer
and other employee representatives have not been able to solve themselves
3. committee work in up to three of the Financial Services Union’s committees
4. other necessary branch-related organisational work, and
5. meetings in permanent committees of the FTF (Salaried Employers’ and Civil Servants’ Confederation) and the
like in which the persons in question have been elected/appointed as representatives for the Financial Services
Union.
A meeting between the executive committee member, the employer, the Danish Employers’ Association for the
Financial Sector (FA) and the Danish Financial Services Union must take place following the election of a new
member of the geographic union branches of the Financial Services Union.
Minutes of the meeting conducted in accordance with the points in Appendix 2 must be taken.
If the company is subsequently dissatisfied with the executive committee member’s level of absence or wishes to
amend the range of the executive committee member’s tasks within the company, then the company must
discuss this with the FA before contacting the executive committee member.
7
(c) Members of the Executive Council
The members of the Executive Council of the Financial Services Union are entitled to time-off with pay to carry
out the organisational work associated with their position.
“Organisational work” shall mean:
1. meetings and committee work directly associated with the Financial Services Union
2. other meetings for which the persons in questions have been elected/appointed as representatives for the
Financial Services Union
3. participation in education/training activities that are necessary in order for the participants to carry out their
duties.
(d) Members of the Assembly of Representatives
The members of the Assembly of Representatives of the Financial Services Union are entitled to time-off with pay
to participate in the union’s meetings of representatives.
(e) Delegates to the National Congress
Delegates to the National Congress are entitled to time-off with pay to participate in the Financial Services
Union’s National Congress and for the necessary travel time to and from the National Congress. Delegates to the
National Congress who are not members of the executive committee of a union branch are entitled to time-off with
pay for up to one day to prepare for the National Congress together with the union branch executive committee.
(f) Regional work
During a collective agreement period 450 days may be spent on regional union-related work according to
instructions from the Financial Services Union.
At the end of every quarter the total amount of time-off with pay spent on regional union-related work shall be
reported to the Financial Services Union and FA.
(g) Executive committee members elected by the employees
Executive committee members elected by the employees are entitled to three days’ time-off per year to participate
in education/training programmes.
(3)
Other types of union-related work
Organisational work for which time-off with pay is not granted (see above) may not be carried out during working
hours except with the employer’s advance consent.
15
Obligation to keep the employer informed
(1)
The employee shall, without undue delay, and usually no later than fourteen days prior to his/her
absence, inform the employer of participation in activities for which time-off with pay is granted in accordance with
the provisions stated above. The absence shall be planned in such a way that it causes as little inconvenience as
possible to the work of the company.
(2)
16
It is up to the employer to determine the form and content of the information given.
Protection of employee representatives
(1)
Employee representatives may only be dismissed or their pay reduced if this is considered absolutely
unavoidable. Prior to any such dismissal/pay reduction a negotiation shall take place between the organisations
unless circumstances attributable to the employee representative warrant a summary dismissal. The request for a
negotiation between the organisations shall be made no later than two weeks before the intended dismissal/pay
reduction.
When a negotiation between the organisations has been requested, the employer shall inform the employee
representative that such a request has been made.
(2)
If, after the negotiations between the organisations, the employer still finds that a dismissal/pay reduction
is necessary, notice of the dismissal/pay reduction may not be given until one week later. The Financial Services
Union may bring the matter before an arbitration tribunal in accordance with the established rules governing the
handling of union-related disputes.
8
(3)
If the dismissal of an employee representative or a reduction of his/her pay is not considered absolutely
unavoidable, the employer shall pay compensation to the employee representative. In the event of dismissal, the
compensation shall be equivalent to at least twelve months’ pay.
When determining the compensation amount, the employee representative’s age, the length of his/her continuous
employment and any other circumstances relating to the matter shall be taken into account. Reference is also
made to the provisions of the collective agreement authorising the overruling of a dismissal.
17
Other persons protected against dismissal
The members of the Assembly of Representatives of the Financial Services Union are covered by the provisions
of clause 16 of this agreement.
18
Information provided by the Financial Services Union
Every year the Financial Services Union shall inform the employer of the following:
1. which members hold seats on the union’s bodies
2. the nature of the members’ employee representation duties.
9
Appendix 1
Items for discussion at the annual consultation meeting between the shop steward and his/her superior.
The items for discussion shall include, but not be restricted to, the following issues:
1. Cooperative relationship
–
–
targets for and means of cooperation
meetings.
2. Practice and agreements
–
–
–
agreements, practice and customary behaviour within the unit
procedure for dealing with human resource matters
the shop steward’s rights and duties.
3. Mutual expectations
–
–
–
mutual expectations
information and knowledge
confidentiality.
4. The shop steward’s duties and daily job assignments
–
–
anticipated time consumption
correlation with other job assignments, including scope, requirements, and targets, if any.
5. Information between the shop steward and the members
–
when and how are the members informed.
6. Shop-steward training course
–
basic shop-steward training course – content and benefit.
The meeting was held on:_____________________
10
Appendix 2
Points for discussion with an executive committee member, the relevant company, the Danish Employers’
Association for the Financial Sector (FA) and the Danish Financial Services Union.
The meeting must, as a minimum, cover the following points:
- rights and duties
- mutual expectations
- expected time usage
- link with other work tasks, including scope, requirements and goals, if any
The discussion should be resumed in the event of major changes in the executive committee member’s
professional duties.
11
Agreement between the Danish Employers’ Association for the Financial Sector
(FA) and the Financial Services Union concerning cooperation and cooperation
committees in the field of banking and mortgages
Part I The objectives and instrumentalities of the cooperation
1
(1)
The goal of systematised cooperation between management and employees is to enhance the scope for
improving the company’s competitiveness and operating results, thus enabling the employees to enjoy a sense of
satisfaction in their day-to-day work and greatest possible security in their employment.
By the very nature of the matter, realising this objective must depend on the attitude of the individual company
and its employees, but the two organisations agree on the provisions set out below by way of elaboration on the
intentions underlying the present agreement.
Development and effectiveness of the company call for a positive approach at every level towards the continued
enhancement of working efficiency, including an open-minded approach to the development and application of
advanced technology.
Developing the cooperation is based partly on creating cooperation committees, cf. Parts II-III, and partly on the
day-to-day interaction between management and employees, in which motivational forms of management,
cooperation and information are supplemented by the active involvement of the employees in ensuring that,
through their insight, experience and effort, the day-to-day running of the company’s individual departments and
divisions is done expediently and effectively.
Part II Cooperation committees
2 Creation
(1)
In companies*) with at least 35 employees covered by a collective agreement on wage and working
conditions entered into by FA and the Financial Services Union, a cooperation committee shall be set up if the
company’s management or a majority of the employees in question so wish.
In companies with fewer than 35 employees, cooperation committees can be set up if there is agreement between
the company’s management and a majority of the employees.
(2)
In companies that are subsidiaries in a group structure, it can be agreed between the management and a
majority of the employees that instead of creating a cooperation committee of their own, they allow themselves to
be represented on the parent company’s cooperation committee.
(3)
In companies with subsidiaries in a group structure where a number of cooperation committees have
been set up, a corporate cooperation committee can be set up by agreement between the group management
and the cooperation committees.
(4)
As an alternative to having their own cooperation committees, representation on parent companies’
cooperation committees can be provided, or group cooperation committees created, at companies covered by a
collective agreement between FA and DFL or the Financial Services Union.
*) The word “company“ means all companies covered by collective agreements entered into between FA and the
Financial Services Union.
3 Composition
(1)
The cooperation committee is comprised of two groups:
Group A
The company management appoints a maximum of the same number of members and alternates as group B. At
least one member must be a member of the executive board.
Group B
3–6 members and a corresponding number of alternates elected by and from among the employees. Employees
who have been appointed managerial representatives or alternates for the same are not eligible and do not have
the right to vote when electing personal representatives or alternates for these.
12
In companies where the staff association is a local unit of the Financial Services Union, up to half - though at least
2 - and alternates for these are appointed by and from the members of the local board of the union.
In other companies the shop stewards appoint up to half - though at least 2 - and alternates for these by and from
the shop stewards. If the number of shop stewards is not sufficient to undertake such selection in accordance with
these rules, the remaining number of B-members are elected by and from among the employees.
(2)
The number of members in the B-Group is determined after prior discussion with the company
management. The committee is normally made up on a parity basis.
(3)
Members of the B-Group enjoy similar protection from dismissal to elected representatives, cf. Section 16
in the agreement on union work. In companies with several cooperation committees, said protection applies solely
to members of the main cooperation committee.
(4)
Election/appointment is for a term of 2 years at a time with alternating resignation.
Re-election/re-appointment is possible. The position automatically lapses when a member’s employment
relationship at the company ceases.
4 Election
Election of members to group B and alternates for these are organised by the committee’s B-group. Where no
cooperation committee has been formed, the election is organised by the shop stewards/senior shop steward. In
companies where the staff association constitutes a local unit of the Financial Services Union, election is
organised by the local board of the union.
5 Chairman and vice-chairman
A member of group A acts as chairman of the committee, while a member of group B acts as vice-chairman.
Note
It is always a member of group A who acts as chairman. If the chairman is prevented from being present,
whenever possible another member of the board who is either a permanent member or an alternate of the
committee shall preside over meetings, or else another permanent member of group A.
6 Electoral year and rules of procedure
(1)
The electoral year is from 1 April to 31 March.
(2)
The committee establishes its own rules of procedure, determining provisions concerning meetings,
convening notices, minutes and reports of proceedings, secretarial assistance and so on.
Note
In order to facilitate the committee’s work in establishing its rules of procedure, the organisations have drawn up
the standard rules of procedure attached in the appendix, which each individual committee can modify to suit its
particular circumstances.
7 Training and freedom to work on the cooperation committee
(1)
In performing the work of the cooperation committee, supplementary training of employee
representatives on the committee may be needed.
(2)
An agreement to this effect is made between the company and the employee, and the company awards
time-off with pay as well as defraying any training costs.
(3)
B-members of the cooperation committee are entitled to time-off with pay one day a year to take part in a
meeting arranged by the Financial Services Union on the work of the cooperation committee. In addition, Bmembers of the cooperation committee are given the right to time-off with pay for up to 3 days a year to take part
in meeting activities arranged by the Financial Services Union.
8 Special experts
When there is consensus, to deal with particular issues, the committee can form subcommittees and/or call in
special experts.
Subcommittees can be joined by people who are not members of the cooperation committees.
13
Note
The employee representatives on subcommittees/working committees on technology issues are appointed by the
Financial Services Union’s shop stewards at the company.
In companies where the staff association constitutes a local unit of the Financial Services Union, the employee
representatives are appointed by the district board of the union.
9
Duty of confidentiality
Committee members are bound by a duty of confidentiality concerning any information of a confidential nature to
which they have become privy, even after they may have left the cooperation committee.
10 Expenses
Expenses associated with the committee’s work are met by the company, which also makes premises available
for the committee’s work.
Part III The cooperation committee’s tasks
11 The cooperation committee
(1)
Purpose
It shall be endeavoured to accomplish the purpose of the collaboration agreement in Part I concerning the
company’s competitiveness and operating results as well as employees’ work satisfaction and the greatest
possible employment security by exchanging points of view and suggestions for inclusion in the basis for the
management’s decisions and by means of information activities.
(2)
Tasks
The tasks of the cooperation committee are to discuss:
a.
general matters of importance to the company’s working and staff conditions
b.
principles governing organisation of company working and staff conditions, including well-being and stress
management
c.
the company’s financial status, including ongoing information in the form of financial key figures. Reference is
made to Section 12, pt. A
d.
general guidelines on the company’s employment situation. Reference is made to Section 12, pt. B
e.
implementation of major restructuring of the company’s operations, large-scale rationalisation measures and
structural changes
f.
principles governing the application and development of new technology at the company, cf. Section 12, pt. D
g.
principles governing in-service-training and retraining of employees, including use of the minuted report on
training
h.
planned measures for areas that may be of essential importance to employees’ well-being and security, cf.
Section 12, pt. B.
(3)
Working methods
The cooperation committee shall be involved at as early a juncture as possible to allow the views of the
employees to be taken on board in the decision-making basis.
Articulation of principles presupposes an obligation for both parties on the cooperation committee to strive for
agreement. Agreement on principles entails joint responsibility for both management and shop stewards, with a
duty to observe the principles agreed on a case-by-case basis. If it is wished to modify agreed principles, this
must be negotiated on the cooperation committee. Either party can revoke the agreed principles at 2 months’
notice.
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In its endeavours to reach consensus the cooperation committee can seek guidance from its immediately superior
committee, which in turn can obtain assistance from the Cooperation Council, cf. Section 14. Such guidance shall
be obtained when one of the groups on the cooperation committee expresses a wish for such.
(4)
Information
The cooperation committee shall inform the company’s employees about that part of the committee’s work that is
not dealt with in confidence. The information shall be adapted to the groups it concerns and the company’s other
information systems.
(5)
The committee does not consider questions relating to the creation, extension, notice, interpretation or
adaptation of collective agreements, which are normally laid down by negotiation or through Labour Court
procedures, or issues falling entirely naturally under the organisation’s sphere of operation. By the same token,
the committee does not deal with issues concerning individual people’s employment, promotion, dismissal,
pension or other matters.
12 Key principles governing its work
A. Information to the cooperation committee
The cooperation committee is provided with whatever information is necessary to evaluate a particular individual
matter, including information about planned measures in areas relating to employees’ well-being and security.
The cooperation committee also receives necessary information related to accounting, cf. Section 11, subclause
2c, to evaluate the company’s financial situation. Information cannot be divulged on aspects by which the
company’s interests can be damaged or information on personal matters.
The cooperation committee is bound to consider information received with the confidentiality flowing from
legislation, the stock exchange code of ethics, considerations of confidentiality etc.
B. The employees’ security and well-being
It is hugely important for the company and employees alike that each individual employee at the company feels a
sense of satisfaction in their daily work and the greatest possible security in their employment.
An important means of achieving this is to have ongoing information between management and employees about
aspects of importance to the company, the employees and the collaboration between management and
employees. Reference is made here to Section 11, subclauses 2c and d, as well as Section 11, subclause 4,
about information to the company’s employees.
Ensuring the greatest possible security of a person’s employment requires placing focus on the company’s
personnel policy on education, job development and ongoing training, and adjusting these components to parallel
the company’s development as well as the need for adaptation, rationalisation and restructuring of operational
factors. In addition, it is assumed that the individual employee will have an opportunity to take part in relevant
training, job development and ongoing training corresponding to the company’s long-term requirements and, to
the greatest possible extent, the employee’s wishes. Finally, the employee is required to display the requisite
flexibility.
It should be attempted to avoid dismissing employees. In the event of rationalisation measures or re-engineering
of operational factors that spell the loss of jobs, the company must endeavour to redeploy and, where necessary,
retrain and reskill employees for another vacant position at the company, taking into consideration the employee’s
qualifications and the company’s finances.
Information about intended measures in areas that may be essential to the employees’ well-being and security
must be communicated to the cooperation committee. Such information must include the management’s
evaluation of the consequences of the intended measures. The information must be disclosed early enough to
enable the cooperation committee to express its views beforehand on the measures and their consequences, cf.
Section 11a.
If the intended measures include a reduction in staffing numbers or if a general discussion of the company’s
financial position shows that dismissing a majority of employees may be being considered, it must be
endeavoured to find solutions whereby dismissals can be avoided or their number limited and the consequences
for those dismissed can be cushioned, cf. point C. Such efforts must be implemented as quickly as possible, both
for the sake of the employees who may have to be dismissed and for the sake of those left behind.
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The cooperation committee can inform the organisations about the discussions and can convene observers and
assessors from the organisations to participate in the negotiations if there is agreement on this point. In addition,
the cooperation committee can generally decide that negotiations are to be conducted between the management
and the local unit of the union (virksomhedskreds)/the industrial staff association or on a subcommittee set up by
the cooperation committee.
If it is deemed that a situation may lead to dismissals on such a scale that the rules in the Danish Act on Notices
etc. in connection with Multiple Dismissals are applicable, negotiations must be conducted regarding this
situation. It is incumbent upon the company to notify the organisations, as well as the Regional Labour Market
Council. As soon as possible after this, the organisations hold a preliminary organisation meeting. In working out
when the Act becomes applicable, no consideration should be given to the fact that intended dismissals
encompass employees in several labour market council areas. The negotiations then continue as organisation
negotiations, attempting to conclude them as quickly as possible. The organisations can allow negotiations to
continue locally, however, either between the management and the local unit of the union/the industrial staff
association, on the cooperation committee or on subcommittees formed by the cooperation committee. If the
negotiations have been conducted locally, a concluding organisation meeting is held on the basis of the outcome
of the local negotiation.
The company is obliged—with due consideration for current legislation—to surrender all relevant information,
where appropriate under responsibility of confidentiality, to the organisations and to defer its decision about
dismissals until negotiations have been completed, subject to a maximum of 4 weeks after submitting notification
of the intended dismissals to the two organisations.
C. Mitigation measures
Where a majority of employees are affected by dismissals not justified by the employees’ circumstances, the
management must open discussion about activities in order to ensure that the employees get the best
opportunities for future employment, including trying to arrive at offers of training courses that are relevant in
relation to the person under notice’s possibility of finding a new job. For those employees where there is no
obvious possibility of other employment owing to age, the possibility of early retirement and partial pension must
be considered.
Concerning individual employees given notice that is not justified in the relevant individual’s circumstances,
reference is made to the company’s personnel policy and the cooperation committee’s possibilities for discussing
general staff conditions, cf. Section 11, subclause 2.
D. Technology
When introducing and modifying IT technology – including computer-based technology – and/or systems of more
sizable scope, it is the cooperation committee’s task to discuss the technical, financial and staffing consequences,
including guidelines for monitoring e-mails, tape recordings etc. It is incumbent upon the company management,
therefore, to keep the cooperation committee informed from as early on as possible about the circumstances
mentioned. The information in this regard must include the purpose, function and design or wording as well as an
evaluation of the consequences of such changes.
In altogether exceptional cases where the technological changes at issue affect all companies or the bulk of them,
a request can further be made to discuss these changes between representatives of the organisations and
institutions affected*).
In companies with a joint, centralised IT bookkeeping department, the technological issues dealt with in the 2nd
paragraph are also dealt with on the individual company’s cooperation committee.
With a view to allowing individual technological issues to be considered on a uniform basis on the cooperation
committee of companies connected to the centralised IT bookkeeping department, general information material is
compiled on the purpose, function and design. This is done on a coordinating committee formed under the
centralised IT bookkeeping department or some equivalent body in which the employees in the relevant
companies are entitled to be represented by 2 committee members elected by and from the B-members on the
cooperation committee of the companies affected.
In conjunction with the sections on the cooperation committee’s treatment of technological issues, the parties to
the agreement agree that dismissals resulting from technological development are an exception.
Where the introduction of new technology leads to loss of jobs, the company shall always endeavour to give the
employees involved some offer of another job.
16
It is incumbent upon the cooperation committee in general to discuss training as well as deployment, retraining or
other employment for employees affected by the changes.
*) PBS (Danish Payment Systems Ltd), the Danish Securities Centre, Nasdaq OMX or similar companies.
E. Personal assessment
Where systematic personal assessment has been/is being introduced, the assessment form shall be presented to
and signed by the employee, and the employee asked for his/her comments, if any.
On request, the employee is entitled to be granted access to his/her own personnel files.
F. Merger, other company’s transfer and strategic alliances
In the event of a merger, after the necessary briefing on the cooperation committee has been given to the
employees’ representatives or the employees affected, respectively, cf. Danish Act on Employees’ Rights in the
event of Transfers of Undertakings, an equal-representation working party shall be set up, with representatives of
both employees and employers at the companies covered by the merger. At the latest, however, the working
party is to be formed when the merger of both the acquired and the acquiring company is finally approved by the
authorised assemblies.
Similarly, on transferral of part of a company, either in the form of
a. transfer of one or more bank branches or
b. transfer between companies which are not affiliated
and where the transfer includes at least 10% of the employees working in the acquired company, an equalrepresentation working group shall also be formed.
The working party is mandated to monitor developments at the time of transfer and to advise on rectification of
any problems associated with transferral.
As soon as possible, the cooperation committee shall be informed of any cooperation agreements the company
may have with other companies within the financial sector - so-called strategic alliances.
G. Proposals from employees
The committee assesses and submits any views it may have to the company’s management on proposals tabled
by or through a member of the cooperation committee on improvements to working methods and working
conditions for the benefit of the company and the employees.
In companies where no regular scheme has been put in place with a suggestions box, it must be considered
practical to put forward employees’ proposals eligible for consideration on the cooperation committee to a
cooperation committee member in order for that member to be able to evaluate whether the proposal should be
entertained.
H. Information from the cooperation committee
It is important for the greatest possible number of employees to be involved, through the cooperation committee’s
information activities with a bearing on both management and employees, in the day-to-cay collaboration, thereby
enabling working efficiency and well-being to be enhanced throughout all tiers of the company.
The committee shall ensure that the company’s employees are kept informed about that part of the committee’s
work not dealt with on a confidential basis - including keeping employees informed to a reasonable extent about
the work on technological issues on the committee.
The briefing is given in writing and to whatever extent considered expedient by the committee. In order to get as
many employees as possible interested in the work of the committee, it is important that the employees be
informed as quickly as possible and normally no later than 14 days after meetings have been held.
Part IV Other cooperative methods
13
Where an agreement has been or is being entered into between the management and the majority of the
employees or the industrial staff association in a company covered by Section 2, regarding forms of collaboration
17
other than and instead of the cooperation committees referred to in the present agreement, this shall apply until
cancelled by either of the parties giving 6 months’ notice.
Note
The clause is a natural supplement to Section 2, which states when cooperation committees are to be created.
However, it may be that there already is an agreement between the management and either a majority of the
employees or a staff association making up a local unit chapter of the Financial Services Union concerning the
desirability of having forms of collaboration other than the cooperation committees referred to in the agreement.
A preference of this kind may be partly rooted in the fact that it is considered purposeful to have employees
involved in such cooperative processes to a greater extent than stated on the cooperation committees. It may also
be that the work on cooperation committees already set up has developed to the point where such a collective
wish arises. In such cases Section 13 provides scope for creating other forms of collaboration instead of an
ordinary cooperation committee - or possibly in parallel with such - if there is an interest in developing the
collaboration more extensively.
If, contrary to expectation and after a suitable length of time, it should prove that either of the parties has reached
the conclusion that the expectations of the special forms of collaboration have not been met, the party in question
shall be at liberty, in accordance with Section 13, to terminate the agreement on such special forms of
collaboration at 6 months’ notice, after which time the general provisions of the agreement on collaboration and
cooperation committees shall once again become effective.
14
The agreement is not covered by the rules in force between the parties governing conclusion and renewal of
collective agreements, cf. Sections 4-7 of the principal agreement.
18
Standard rules of procedure in accordance with note on Section 6 in the agreement
on collaboration and cooperation committees
April 1995
RULES OF PROCEDURE
for the cooperation committee at... (name of company)
1.
The committee’s meetings take place once a quarter, normally on the second/third Tuesday.
2.
If it has not been possible to hold the regular quarterly meeting, by agreement with the vice-chairman the
chairman shall fix a date for the meeting as soon as possible after the date of the cancelled meeting.
3.
Meetings additional to regular quarterly meetings are convened by the chairman when he/she deems it
necessary, or when at least half of the committee members have expressed such a wish to the chairman.
4.
Meetings shall be convened in writing and normally giving the individual committee members 14 days’ notice.
5.
1. Notice of meetings must be accompanied by a provisional agenda for the meeting jointly prepared by the
chairman and vice-chairman, noting that every member of the committee is able to address the chairman in
writing to request that items be admitted to the agenda for up to ____ days before the meeting is held.
2. The chairman and vice-chairman then make up the final agenda for the meeting, and this is sent to the
members of the committee so as to reach them no later than ____ days before the meeting is held.
6.
The chairman presides over meetings. In the event of the chairman’s absence the meeting is led by another
member of group A, cf. notes on Section 5 in the agreement on collaboration and cooperation committees.
7.
At its inaugural meeting the committee appoints an employee in the service of the company as secretary of the
committee.
8.
1. The committee is quorate when at least 2/3 of its members are present.
2. When voting, each member has one vote. A general majority is required to adopt a motion.
9.
1. Minutes are drawn up stating the time and place of every meeting as well as the names of those present and
the agenda set for the meeting.
2. For each item on the agenda a brief record is made in the minutes with a conclusion or resolution.
3. The minutes are signed by the chairman and vice-chairman or, in their absence, by another member of group A
and group B, respectively.
10.
1. The committee ensures that the company’s employees are informed about that part of the committee’s work
not dealt with in confidence, cf. Section 11, subclause 4, and Section 12, H, in the agreement on collaboration
and cooperation committees.
2. Before a meeting is concluded, a decision is made as to whether the employees are to be informed about what
has gone on at the meeting. The employee briefing, which is given in writing, shall be given as quickly as possible
and normally no later than 14 days after the meeting has been held.
Note
On the recommendation of the Cooperation Council the above rules of procedure can be amended by the
organisations providing there is agreement to do so.
19
Agreement on contributing to educational causes between FA and the Financial
Services Union
1
1. By way of a contribution for training purposes, the individual companies pay semi-annually on 1 July 2008 DKK
380 per employee, on 1 July 2009 DKK 395 per employee and on 1 July 2010 DKK 410 per employee, which is
covered by the collective agreements between FA and the Financial Services Union or covered by corporate
collective agreements concluded further to the principal agreement between FA and the Financial Services Union.
2. The contribution is calculated on the basis of the number of employees as of 1 June and paid half-yearly in
advance on 1 January and 1 July. FA communicates the individual companies’ number of employees to the
Financial Services Union, which is in charge of collecting the amounts.
20
Framework provisions
1
Company collective agreements entered into between the management of a member company of FA and the
Financial Services Union’s trade-union representative at the company, cf. Section 4, subclause 1, of the principal
agreement, shall comply with the provisions set out below in Sections 2-11 where not otherwise agreed/approved
by the organisations.
2
Termination clauses in a company’s collective agreement shall match the termination clauses in the standard
collective agreement.
Any agreements between FA and the Financial Services Union on terminating collective agreements can also
include corporate collective agreements.
If the organisations terminate the standard collective agreement, all corporate collective agreements shall be
regarded as simultaneously terminated.
3
Those provisions in the standard collective agreement that can be derogated from when concluding a corporate
collective agreement are termed standard provisions and are set out in Appendix 1.
4
Those provisions in the standard collective agreement that cannot be derogated from when concluding a
corporate collective agreement are termed joint provisions.
The joint provisions are thus those provisions in the standard collective agreement not set out in Appendix 1.
5
If no departure has been made in a corporate collective agreement from a particular set of standard provisions,
the corporate collective agreement must contain a reference to the relevant standard clause instead.
6
Where the joint provisions provide authorisation to enter into local agreements, such local agreements can be
included as part of a corporate collective agreement instead.
7 Functionally defined wage systems
(1)
Derogation from the standard provisions, cf. Section 3, on wages shall be translated into a new wage
system in the corporate collective agreement for all or some of the company’s employees.
The new wage system shall comply with the conditions set out below in subclauses 3-17.
(2)
Employees not covered by the new wage system are remunerated according to the standard collective
agreement. For such employees the corporate collective agreement shall thus contain a reference to the standard
provisions on wages.
(3)
Prior to entering into a corporate collective agreement with a new wage system, there shall be a
discussion about the purpose of the intended wage system.
(4)
The wage system shall be based on the employee’s work function. In addition to the functionally defined
part of the wage, a new wage system can include enhancements. When redistributing wage rises in the wage
system, the way that any pool funds earned and any additional financing are to be spent is open to agreement.
(5)
The new wage system shall include a description of those employees that are covered by the wage
system.
(6)
For the individual employee the basic pay and special-duty allowance combined shall at least equal
grade 10 in the standard collective agreement. Where a programme of financial vocationally oriented training is
generally required, basic pay and special-duty allowance together shall be at least equal to grade 17.
For service staff/technicians, however, basic wages and special-duty allowance combined must be at least equal
to grade 5 in the standard collective agreement. For service staff/technicians performing work assignments
21
requiring vocationally oriented training, basic wages and special-duty allowance combined must equal at least
grade 16.
(7)
For employees who have a wage below grade 50 in the standard collective agreement, further to the new
wage system the personal allowance can make up a maximum of 20 percent of the wage. Nuisance bonus
payments and employers’ pension contribution are not included in this calculation of pay under the new wage
system.
(8)
Employees who have a wage below grade 50 in the standard collective agreement shall, further to the
new wage system, be covered by the set of rules governing working hour level 1 in Part III of the standard
collective agreement or the derogation from this agreed in the corporate collective agreement.
(9)
Employees who have a wage on or above grade 50 in the standard collective agreement can, further to
the new wage system, be covered by the set of rules on working hours set out in subclause 8 by agreement and
as part of the new wage system. This may include agreeing that cover is by individual agreement between the
individual employee and his/her manager.
(10)
Employees not covered by the set of rules on working hours under subclause 8 are entitled, further to
subclauses 8-9, to extra holiday instead, cf. Section 53 of the standard collective agreement. Such employees are
covered by the set of rules governing working hour level 2 in Part V of the standard collective agreement or the
derogation from this agreed in the corporate collective agreement.
In the corporate collective agreement for such employees it shall be agreed in which instances the provision on
extra work in Section 21, subclause 2, can be applied. The agreement cannot result in Section 21, subclause 2, of
the standard collective agreement being applied to employees with a wage below grade 73 in the standard
collective agreement under the new wage system.
(11)
Apart from the specialist’s allowance in commercial areas, the company’s and the employee’s pension
contribution shall be calculated on the basis of regularly foreseeable wage components under the new wage
system.
(12)
From a gross wage point of view, i.e. wages incl. the employer’s pension contribution, there can be no
wage reductions as a result of the switch-over to the new wage system.
(13)
The new wage system must include provisions about the transition from one wage system to another.
(14)
The new wage system must contain provisions about tapering off the wage when changing jobs within
the ambit of the wage system.
(15)
In connection with the new wage system, an agreement can be concluded concerning notification in the
event of wage reductions derogating from Section 3, subclause 2, of the agreement between FA and the Financial
Services Union on trade-union work.
(16)
As part of the new wage system, an equal-representation committee shall be formed to monitor pay
conditions at the company. The committee’s tasks and competences, including the issues to be resolved in the
agreement, shall be determined in connection with the new wage system.
(17)
FA draws up sectoral wage statistics for use in the local work involved in implementing and subsequently
following up and maintaining new wage systems. In addition, the company is obliged to supply the trade-union
representative with wage statistics at least once a year for its own employees.
The wage statistics are compiled in accordance with guidelines drawn up by the wage board, and the statistics
are issued to the trade-union representative.
In the event of a wage-related disagreement between the parties in the corporate collective agreement
concerning groups of employees, the company is obliged to produce documentation in the form of figures.
8 Traditional wage systems
(1)
Corporate collective agreements not containing provisions on a new wage system, cf. Section 7, can
contain wage tables deviating from the wage tables in paragraph 2 of the standard collective agreement.
(2)
Prior to any such derogation being implemented, the corporate collective agreement shall contain a set of
wage tables identical with the wage tables in the standard collective agreement.
22
(3)
The derogation can subsequently come about by locally agreeing a different percentage adjustment to
the wage tables than the percentage adjustment to the wage tables in the standard collective agreement. The
framework for the possible derogation is agreed between the Financial Services Union and FA. Regulation in
accordance with this is done on the basis of the wage tables in the corporate collective agreement.
(4)
The derogation is conditional on the individual employee’s wages being at least the same size as the
minimum wages set out in Section 7, subclause 6.
9 Working hours
(1)
Derogation from the standard provisions, cf. Section 3, on working hours is subject to the restrictions on
other working hours, as set out below under subclauses 2-5.
(2)
For the individual employee, working time as a whole is defined as other working time when, by
agreement, all or parts of that person’s working hours are scheduled at times not covered by or not payable in
accordance with the following joint provisions on working hours:
Ordinary working hours: Section 7, subclause 2, 2nd paragraph, Section 10 and Section 11, subclause 1 of the
standard collective agreement as well as special provisions for employees in:
Stockbroking companies: Section 7, subclause 1, and Section 8, point 2
Leasing and financing companies: Section 9, subclause 1,
Course facilities: Section 1, subclauses 1-2 and Section 4, subclause 3.
Staggered working hours: Section 14, subclauses 1 and 3-8, and Section 17, subclause 7, of the standard
collective agreement
and for leasing and financing: Sections 2 and 8
Shift work: Section 15 of the standard collective agreement.
(3)
In a corporate collective agreement, the following shall apply to employees with agreements concerning
the arrangement of other working hours:
a. For full-time employees the average of 37 (for IT 36) hours per week shall be reached within a period of 26
weeks.
b. For full-time employees the individual working day shall be at least 4 and at most 12 hours
c. For full-time employees the working week shall be placed over 2-6 days
d. The working hours in the individual week can amount to a maximum of 48 hours.
(4)
Other working hours in a corporate collective agreement are subject to joint determination in accordance
with the following provision:
“Between the company and the individual employee an agreement shall be concluded on the full placement of
working hours for the employee concerned, where all or parts of the employee’s working hours are within the
range of the other working hours.
The placement of the working hours must be known at least 4 weeks in advance. If, within this period, an
amendment to the placement of the working hours is agreed, an allowance of 50 percent of the hourly wage shall
be payable for the working hours outside of the working hours planned to date.
If the agreed amendment to the placement of working hours results in work on planned work-free days, an
allowance of 66 2/3 percent of the hourly wage shall be paid instead.
If the individual employee wishes to withdraw from the other range of working hours, this can be done by
agreement with the company. For employees subject to a sales/consultancy concept, however, the agreement
can still be required to be cancelled at 4 weeks’ notice.
23
Positions within the other range of working hours are posted in-house first. The positions are filled in response to
applications. Employees already employed on other working hours may switch to the new terms of employment
subject to their own written acceptance.”
(5)
In the case of other working hours, the allowances stated in Section 17, subclause 1, of the standard
collective agreement are paid. For service staff/technicians, however, no allowance is paid on weekdays during
the period from 06.00 to 08.00 a.m.
10 Framework for IT operating companies
(1)
In companies whose purpose is predominantly to operate and develop IT-based services, provisions of
the standard collective agreement can be further derogated from in accordance with this section.
The companies involved have been defined in a special agreement between the organisations.
(2)
Wage systems other than those in the standard collective agreement can be agreed. The system shall be
compliant with Section 7 of the framework provisions, with the exception of subclause 4,
Section 7, subclause 6, has been extended to include the minimum wages laid down by Section 34 of the
standard collective agreement, with grade A in the relevant framework defining the minimum wage.
Where minimum wages and salaries are given in Section 7, subclause 6, they are measured in relation to the
employee’s fixed wage components, excl. any regular nuisance allowance and the employer’s pension
contribution.
(3)
The provisions of the standard collective agreement on working hours can – in addition to the options
given in the present Section 10, be derogated from thus:
– ordinary working hours placed by the company can be agreed as any combination whatsoever of the options in
Section 10 of the standard collective agreement - without regard to the category of the employee.
(4)
For employees working to meet the company’s needs outside the period of time laid down by Section 10
of the standard collective agreement, or whatever has been agreed - cf. subclause 3 - wage and working time
conditions can be agreed other than those set out in Sections 14 and 15 of the standard collective agreement.
The weekly standard time can be reduced as part of the compensation for changeable working hours – and must
be so when working a rota at night. The financial compensation for changeable working hours is part and parcel
of the agreed wage system and is thus covered by the protection provided in Section 7, subclauses 11 to 13 and
subclauses 16 to 17 of the framework provisions.
24
Appendix 1 – Standard provisions on wages and working hours
Wages
Sections 26-30, excl. Section 26, subclause 2: The standard wage system for financial employees, excl. trainees and
grade 87
Section 32: Definition of IT field
Section 33, subclause 1, Section 34 and Section 35, subclause 2: The IT wage system excl. IT probationers and grade
248E
Section 37: Remuneration of service staff/technicians
Section 39: Remuneration period
Section 40: Extraordinary wage rises
Sections 41-42: Special-duty and specialist allowance
Section 43: Transferral to and from IT work
Working hours
Section 4, subclause 1: The problem complex relating to convening/inviting
Section 4, subclause 2: Meetings/courses, limit to cover
Section 5, subclause 2: Official trips ordered, limit to cover
Section 6: Consequences of wage grading
Section 9: Breaks
Section 11, subclauses 2-5: Varying weekly working hours and individual agreement
Section 14, subclause 2: Area for financial employees on staggered time
Section 17, subclauses 2-6: Working hour concepts for financial employees
Section 17, subclauses 8-9: Rota schemes and individual working hours for service staff/technicians
Section 21, subclause 3: Machine/system-dependent extra work for IT employees
Section 22, subclause 2, 1st point: Agreement rule for service staff/technicians
Section 23: Duty terminals
Section 24: Monitoring terminals
Special provisions
Stockbroking companies, Sections 3-6 and 8: Wages for securities dealers
Stockbroking companies, Section 9: Holidays for securities dealers
Leasing and financing companies, Sections 4-7: Wages for client consultants
Course facilities, excl. Section 1, subclauses 1-2, and Section 4, subclause 3: Excl. allowance payments
Cash machines, excl. Section 2, subclause 3, and Section 3, subclause 2: Excl. allowance payments
25
Principal agreement between the Danish Employers’ Association for the Financial
Sector (FA) and the Financial Services Union
1
This principal agreement is effective for FA’s member companies and those members of the Financial Services
Union whose pay and working conditions are laid down in a collective agreement concluded between the two
organisations and/or in a company collective agreement, cf. Section 4.
2
(1)
The Financial Services Union acknowledges the companies’ right in accordance with laws, agreements
and collective agreements to manage and distribute the work and to deploy the necessary manpower.
(2)
FA and the Financial Services Union agree to promote good collaboration and to work actively for
peaceful and stable working conditions in the companies.
3
FA acknowledges the employees’ freedom to be members of the Financial Services Union and to take part in the
union’s work.
Note
Since it has not been possible to reach agreement on a clause concerning exceptions from the right to be a
member of the Financial Services Union, the parties have outlined their opposing views in the note.
FA felt it was unnatural and at variance with general principles of labour law for employees in the highest posts to
be members of the Financial Services Union, and as a minimum has demanded that deputy directors, assistant
managers - and hence also, remuneration-wise, employees, personnel managers and their representatives - as
well as executive secretaries be excepted from the right to be a member of the Financial Services Union.
For its part, the Financial Services Union asserts that the union is based on voluntary membership and that it is
not wished to derogate from the union’s fundamental principle so that not each and every employee would be
able to become a member.
However, the Financial Services Union would state that it does not consider it unnatural for deputy directors,
assistant managers and managers of personnel functions and managers of executive secretariats not to be
members of the Financial Services Union.
4
(1)
Collective agreements on pay and working conditions, including the joint collective agreement and the
standard collective agreement, can only be entered into between FA and the Financial Services Union, and in
addition between a member company of FA on the one hand and the Financial Services Union’s trade-union
representative at the company on the other.
(2)
Within the area covered by a collective agreement, no suspension of work can be initiated as long as the
agreement is valid.
(3)
Lockout, strike, blockade and boycott as well as systematic depopulation of the company or parts of it are
regarded as suspension of work.
(4)
The parties are obliged not to support, but using all reasonable means, to prevent suspension of work
contrary to collective agreement and – if such suspensions do take place – to attempt to halt them.
(5)
When a company withdraws from FA, the company and the Financial Services Union are obliged to
comply with the collective agreements in force at the time of withdrawal, including the provisions of Sections 2, 3,
4, 6, 7 and 10 in this principal agreement, until the expiry of the collective agreements.
5
(1)
When a collective agreement entered into between FA and the Financial Services Union on pay and
working conditions has been terminated, negotiations shall immediately be opened on a new collective
agreement.
(2)
Although a collective agreement entered into between FA and the Financial Services Union has been
terminated and has expired, the parties are nevertheless obliged to comply with its provisions until some
26
collective agreement has been concluded or suspension of work has been initiated in accordance with the rules in
Section 6.
6
(1)
FA and the Financial Services Union acknowledge each other’s right to order suspension of work in
accordance with the rules in subclauses 3-5.
(2)
Disagreement regarding renewal of corporate collective agreements entered into between a member
company of FA on the one hand and the Financial Services Union’s trade-union representative at the company on
the other can never provide grounds for suspending work.
(3)
Suspension of work for any reason and to any extent whatsoever can only be ordered after having been
approved by at least 2/3 of the votes cast by the organisation’s competent assembly.
(4)
Proposals for suspension of work, cf. subclause 3, shall be notified to the other party at least 1 month
before the suspension of work is implemented.
Notification of the assembly’s decision shall be submitted at least 14 days prior to initiating the suspension of
work. This notification shall contain information about the scope of such suspension.
(5)
Notification in accordance with subclause 4, 1st and 2nd sentences, shall be given in writing and, if done
on the day when the notifications are to be submitted at the latest, must have reached the other party by 12.00
o’clock noon. If the other party then wishes, on the same day, to submit notification of suspension of work for
simultaneous initiation, such notification must have reached the first party by 12 o’ clock midnight on the day in
question. Notification cannot be submitted on Saturdays, Sundays and holidays.
(6)
On cessation of the conflict, employees shall resume their work at the company in which they were
employed immediately prior to the start of the conflict, and it is incumbent upon both parties to be instrumental in
restoring normal and peaceful working conditions.
7
Suspension of work in connection with renewal of the standard collective agreement takes place in accordance
with the guidelines in Appendix 1.
8
(1)
When a corporate collective agreement concluded between a member company of FA on the one hand
and the Financial Services Union’s trade-union representative at the company on the other has been terminated,
negotiations on a new corporate collective agreement shall be opened.
(2)
If both parties agree on a reversal from corporate collective agreement to standard collective agreement
and the principles for such, it shall take place with effect no later than 6 months after the expiry of the collective
agreement terminated. During the period from the expiry of the corporate collective agreement until cover under
the standard collective agreement, wages are regulated in accordance with the general wage improvements laid
down in the standard collective agreement. The organisations can assist in finding reasonable solutions.
(3)
If agreement cannot be reached on the terms of renewal for the corporate collective agreement on the
occasion of two successive collective agreement renewals, the rules in subclause 2 on submission to an
arbitration tribunal cannot be used. In that case the parties’ collective agreement relationship is replaced by the
standard collective agreement, which becomes effective no later than 6 months after the expiry of the collective
agreement terminated. During the period from the expiry of the corporate collective agreement until cover under
the standard collective agreement, wages are regulated in accordance with the general wage improvements laid
down in the standard collective agreement. During the period the organisations assist in finding reasonable
solutions.
(4)
Although a corporate collective agreement has been terminated and has expired, the parties are
nevertheless obliged to comply with its provisions until another one has been substituted for it or suspension of
work has been initiated, cf. Section 6.
9
(1)
The arbitration tribunal, cf. Section 8, subclause 2, consists of 5 members: 2 members are appointed by
each of the organisations, 2 members are appointed as representatives of the parties in the corporate collective
agreement and 1 arbitrator, who is appointed by FA and the Financial Services Union jointly. If agreement is not
reached on the election of an arbitrator, he shall be appointed by the Conciliation Board’s chairman, election
27
taking place among individuals with knowledge of the principles governing renewal of collective agreements,
including knowledge of the principles governing renewal under the auspices of the Reconciliation Board.
(2)
In addition, consideration of any case by the arbitration tribunal shall be subject to the rules in the
organisations’ agreement concerning rules for dealing with industrial disputes, Section 2, subclause 3, Section 3,
subclauses 2, 3, 4 and 5, Section 4, subclauses 4, 5, 6, 7, 8 (1st, 2nd, 3rd, 4th and 5th sentences) and 9. The
arbitrator’s award cannot deviate from the economic framework for renewal of the standard collective agreement,
as interpreted by the arbitrator. The arbitrator’s award, which must be available no later than 1 month after the
arbitration negotiation, regulates the employees’ collective agreement relationship from the time of expiry of the
corporate collective agreement valid to date.
10
(1)
Violation and construction of the principal agreement and violation of a collective agreement on pay and
working conditions are treated according to the rules in the Danish Labour Court Act.
(2)
It shall be attempted to settle disagreement over the construction of collective agreements and other
agreements, cf. agreement on rules for dealing with industrial disputes.
11
(1)
This principal agreement shall enter into force on 1 April 2008 and apply until terminated with at least 6
months’ notice to a 1st October, though no earlier than 1 October 2011.
(2)
Six months prior to the notice, the party wishing for amendments to the principal agreement shall notify
the other party to this effect, whereafter negotiations shall be entered into with a view to achieving agreement and
thereby avoiding termination of the principal agreement by notice.
(3)
If negotiations to renew the principal agreement after giving notice have not been concluded by the time
of expiry, the principal agreement shall continue to apply until the collective agreements in effect at that time are
replaced by new ones, when it will then be invalidated upon the new collective agreements entering into force.
28
Appendix 1
Blocking payment flows
When notice of suspension of work has been given in accordance with the provisions of the principal agreement
in conjunction with collective agreement renewal, FA and the organisation’s member companies shall vouch - with
effect from the coming into force of the conflict - that all access for both business and private clients will be
blocked to funds from transactions in Denmark as well as transfers from Denmark to abroad.
Among other things, this implies that all branches (units/divisions/offices/client servicing centres/departments and
cash machines) will be closed and payments by Dankort and other charge/credit cards cannot be made from
terminals in outlets etc. Similarly, access to online banks and business banking shall be blocked, effectively
preventing FA's member companies from supplying the outside world with financial services (including IT
services) during the conflict.
No undue damage – work functions excepted from conflict
The parties agree that a conflict may not assume unduly detrimental proportions and that the working of foreign
units must be able to continue unaffected by the conflict.
On that basis the following is agreed:
Any suspension of work ordered in accordance with the rules in Section 6 of the principal agreement can, as a
starting point, include all union members employed within the domain of the principal agreement, and otherwise
implies that the employees covered by the agreement may not perform work at the companies.
Nonetheless, the parties acknowledge a need for the central work functions set out below to be able to be
performed with a view to avoiding damage on an unnecessary scale.
Accordingly, any suspension of work further to the rules of the principal agreement implies that the work functions
listed below can be performed at the companies.
Only those work assignments listed below may be carried out, and those work assignments can be performed by
employees irrespective of their unionisation status.
No employees - irrespective of unionisation status - can perform work functions during the conflict other than
those listed below and then only subject to the procedure and extent described.
For members of the Financial Services Union, these exceptions mean that they are not covered by the
organisations’ conflict alerts.
The possibility of demanding that employees be precluded from participating in a suspension of work further to
this agreement does not apply to employees who are members of the Financial Services Union’s general
executive and/or board of representatives as well as shop stewards and the Financial Services Union’s tradeunion representatives.
1.1. General, related work functions
During the conflict, employees can perform work assignments required to ensure:
– Necessary operation and maintenance of critical business IT applications.
As a result, during the conflict, the persons in question can ensure that there is no system breakdown/loss of data
in the company’s own central IT functions/systems. Conversely, the employees in question cannot carry out
development tasks etc.
In relation to external clients in Denmark, neither development tasks nor inputting of new data coming to the
knowledge of clients may be undertaken. As mentioned above, however, safeguards can be taken against
breakdown/loss of data.
IT services for external clients abroad are described in paragraph 1.6.
1.2. Related transactions
During the conflict, employees can perform the following tasks:
– National data registrations of financial transactions to a national account stipulated before the conflict
29
– Interest, withdrawals, dividend payouts and similar transactions in connection with securities and payments.
1.3. Liquidity management in Denmark
During the conflict, employees can perform the following work assignments:
– clearings between financial institutions in Denmark, including Danmarks Nationalbank
– liquidity and risk management with a view to generating, monitoring and allocating the necessary liquidity for
use in supporting transactions permitted under the agreement can be undertaken during a conflict by those
employees exempted from the conflict
– liquidity and risk management pertaining to own holdings with a view to averting sizable losses capable of
threatening the basis for maintaining the companies’ current cash holdings and/or equity capital.
1.4. Abroad – support for foreign units
Companies that have a special unit in Denmark that exclusively services foreign clients, cf. Appendix A, can
support this unit from the Group’s other units in accordance with the principles set out in paragraphs 1.4 and 1.5.
Companies that have a foreign unit can grant employees exemption to support the foreign unit in connection with
the foreign unit’s servicing of its foreign clients with e.g. the following work assignments:
– Technical banking support
– IT operations and support on the Group’s IT systems
– Liquidity management and mandatory reporting for the purpose of avoiding a situation in which the foreign unit
cannot function because of insolvency or failure to meet essential mandatory requirements.
The foreign unit cannot be supported by undertaking direct sales or advice to these clients/business contacts from
the company in Denmark affected by the conflict. This applies both to consultancy in connection with specific
transactions/deals and to consultancy of a more general nature.
In all instances it is a prerequisite that the order is one initiated at the foreign unit of the company based abroad.
Orders which it is attempted to initiate in Denmark are thus affected by the conflict anyway, regardless of whether
the order is given abroad.
By the same token, all handling/operations etc. involving foreign players not having the customer status in a
foreign unit referred to above will be affected by the conflict, which applies equally to the authorisation of Danish
card transactions initiated abroad. As a special exception to this, authorisation and routing of card transactions via
PBS in dealings with foreign clients can be carried out, even if they entail payment via an account in a Danish
bank or savings bank.
1.5. Abroad – clearings etc.
In connection with the handling of transactions/deals entered into prior to the conflict coming into effect and
transactions/deals initiated in foreign units during the conflict, the following work assignments can be performed:
– international clearings between financial institutions
– international handling systems
– SWIFT
– freezing of international charge cards
1.6. IT tasks in relation to external clients abroad
Employees can be granted exemption to:
– safeguard against breakdowns in operations/loss of data for clients who are foreign units in an FA member
company within the domain of the principal agreement.
Development tasks are affected by the conflict in all instances.
30
1.7. Duty tasks
Employees can be granted exemption to:
– carry out duty service, mind technical installations and perform work needed in conjunction with minding
technical installations.
1.8 Executive staff and employees with responsibility for collective agreements
The following can be excepted:
– managers who have been appointed responsible for one of the company’s defined organisational units,
including branches and departments, e.g. heads of department/division, regional directors and directors;
– central employees dealing with collective agreement negotiations, specific organisationally related cases and
conflict readiness (internally and under FA auspices).
1.9 Implementation
Taking into account the need to be able to conclude up-to-date and factually correct exemption agreements
locally, FA and the Financial Services Union can draw up joint guidance, which must be made available no later
than 7 months before the date to which the standard collective agreement can be terminated.
It is incumbent on each individual company, as quickly as possible and no later than 6 months before the date to
which the standard collective agreement can be terminated, to take the initiative for local negotiations on which
employees are to be exempted from the conflict further to the provisions above. In connection with the local
negotiations, the company shall present an overview documenting the following:
– Which specific work assignments it is wished to except
– Which of the above exceptions each individual work function relates to
– Which employees are to perform the work assignments listed.
If the negotiations have not been completed by 5 months before the date to which the standard collective
agreement can be terminated, at latest, the issue goes to central negotiation between FA and the Financial
Services Union; and similarly so if it is agreed at companies to except more than 5% of the employees - or, at
companies supplying and supporting IT, 50% of the employees.
If the Financial Services Union and FA have not reached agreement by 3 months before the expiry date of the
standard collective agreement at latest, the case can be brought before an industrial arbitration tribunal, which
shall complete the arbitration negotiations no later than 1½ months before the expiry date for the collective
agreement and shall be able to deliver its ruling 1 month before that same date.
1.10 Pay and work during conflicts
The tasks mentioned above in paragraphs 1.1 - 1.8 form an exhaustive list of the work functions that can be
performed during a conflict.
Thus, to the extent that employees are excepted from the conflict under the provisions above, they are solely
entitled and obliged to carry out the work functions above to the extent substantiated as being necessary by the
company. The employees in question cannot carry out tasks other than those mentioned, therefore, or the tasks
mentioned on a scale greater than the exception gives specific entitlement to.
Employees excepted from a conflict are in all instances entitled to full pay during the conflict, irrespective of
whether there may be limited or no work to be done in the specific instances.
1.11 Substitute employees
If, after entering into a local agreement, it transpires that a central employee excepted from a conflict is prevented
from doing his/her duty because of resignation, leave or long-term unfitness for work, by agreement with the
trade-union representative the company can substitute a different person for the employee concerned.
An agreement to this effect shall be entered into no later than one week after the company becomes aware of the
relevant employee’s absence and in any instance no later than 3 days before the conflict comes into effect.
31
Appendix A
Companies excepted from the conflict under the agreement because they are defined units which only service
foreign clients:
Sydbank: PBI, Torvet 2, DK-6300 Gråsten
Sparbank: Representative Office in Spain
Nykredit: International Key Accounts, Kalvebod Brygge 1-3, DK-1780 Copenhagen V
SparNord: Finans Nord AB, Isbergs Gata 7, SE-211 19 Malmö, Sweden
Nordea: Nordea Bank Danmark, International Branch, Vesterbrogade 9, DK-1780 Copenhagen V
Jyske Bank: PBC (Private Banking), Vesterbrogade 9, DK-1780 Copenhagen V
Danske Bank: International Key Accounts, Holmens Kanal 2-12, DK-1092 Copenhagen K
The above list can be revised if changes are made that result in the companies listed no longer fulfilling the
requirements for being listed, cf. the introductory remark in the provision, just as the list can be supplemented with
any new companies that meet listing requirements, cf. the introductory remark in the provision.
FA and the Financial Services Union can request talks on this topic. Any request to this effect shall be made no
later than 7 months before the date to which the standard collective agreement can be terminated, and talks shall
be completed no later than 6 months before that same date.
32