The Danish government’s new agreement aimed at attracting foreign labor is facing scrutiny and potential legal challenges. The trade union Krifa has raised concerns that the agreement is discriminatory and potentially illegal, sparking a debate about its fairness and compliance with Danish and international law.

Krifa’s chairman, Jane Heitmann, asserts that the agreement favors specific trade union organizations with a particular political stance and discriminates against others. This criticism stems from the requirement that foreign workers seeking to enter Denmark under the new agreement must be employed by companies with collective agreements established between the Danish Employers’ Confederation (DA) and the Danish Trade Union Confederation (FH).

Krifa’s lawyers are investigating potential violations of constitutional provisions, freedom of trade, freedom of association, and international conventions, including Article 11 of the European Convention on Human Rights, which protects freedom of association, and Article 14, which safeguards against discrimination. If the investigation reveals significant legal violations, Krifa is prepared to file a lawsuit.

The agreement, presented by the government as a “breakthrough,” aims to reduce the salary threshold for foreign workers from selected countries, provided their workplace is covered by an FH collective agreement. While the government estimates that only 550 foreigners will utilize the scheme by 2030, the initiative has drawn criticism from various political factions, with some deeming the number too low and others considering it excessive.

The core of Krifa’s objection lies in its status as a “yellow union,” which differentiates it from traditional trade unions like FH. Krifa emphasizes dialogue and cooperation between employers and employees, refraining from using strikes as a tool. This approach contrasts with the methods employed by traditional unions, leading to debates about its impact on the Danish labor model.

Frederik Waage, a professor specializing in constitutional law, expresses doubt about any obvious violations of the constitution but acknowledges potential issues regarding Article 11 of the Convention on Human Rights. Despite the controversy, the Minister for Employment has not yet commented on Krifa’s criticism.