The Danish government’s new agreement to attract international labor is under fire, with trade union Krifa alleging it could be illegal and discriminatory. Krifa’s chairman, Jane Heitmann, questions the agreement’s legality, citing potential discrimination between trade unions and preferential treatment for organizations with specific political alignments.
Krifa’s legal team is examining the agreement, prepared to pursue legal action if violations are found. The union is concerned about potential conflicts with constitutional clauses on singular legislation, trade freedom, association freedom, Article 11 of the European Convention on Human Rights (association freedom), and Article 14 (discrimination).
The controversial agreement, presented as a “breakthrough,” aims to ease foreign labor access to Denmark, contingent on factors like nationality (from a list of 16 countries) and a minimum annual salary of 300,000 kroner. A key point of contention is the requirement for foreign workers to be employed by companies with agreements between the Danish Employers’ Confederation and the Danish Trade Union Confederation (FH). Krifa views this as political favoritism towards FH and DA.
Krifa, distinguishing itself as a “free and independent trade union” (often termed a “yellow trade union”), emphasizes dialogue over strikes. It has collective agreements with KA (Denmark’s fifth-largest employers’ association) and sectors of the transport and restaurant industries.
Frederik Waage, a law professor at the University of Southern Denmark, doubts any clear violations. He finds no obvious conflict with the constitution but sees a potential issue regarding Article 11 of the Human Rights Convention, concerning freedom of association.
The Ministry of Finance estimates only 550 foreigners will utilize the scheme by 2030, drawing criticism from various political factions who deem the number too low or too high. The Minister for Employment has not commented on Krifa’s criticism.