The OK18

What will an industrial action mean for you?


All public sector collective agreements will expire at the end of March 2018. Therefore, work on renewing the agreements is in full swing. As stated in the media, the negotiations we are entering into are difficult, and this also means that IDA, as is the case for the other organisations, is aware that there may be a risk of industrial action. This will take place if the employers and employees cannot agree on the content of the new agreements. However, this is not the situation we expect.

Below, you can find answers to the most common questions about this topic.

What is an industrial action, and when does one occur?

If the collective bargaining enters into a situation where the negotiating parties are so far from each other that they cannot agree on a result, an industrial action may occur.

An industrial action is started to put pressure on the other party, and may be started by both the employees and the employers. When the employees take the initiative for an industrial action, it is called a strike, in which the employees who are to strike must not carry out their work. When the employees start an industrial action and the employees are sent home, it is called a lockout.

Before an industrial action can start, at least one month’s notice must be given to a month when the action can start. The public sector academic collective agreements expire on 31 March 2018 and an industrial action cannot, therefore, be started until 1 April 2018.

The decision to enter into an industrial action is made by the Danish Confederation of Professional Associations [Akademikerne] (AC) in cooperation with all organisations.

If notice is given for an industrial action, the Danish Conciliation Board [Forligsinstitutionen] can decide that it must be postponed, and the arbitrator will attempt to arbitrate between the parties in the hope that agreement can be reached. The arbitrator can postpone the action by two times 14 days. Then, it is up to both parties to assess whether they will respect any arbitration outline from the arbitrator or whether they will continue with starting industrial action.

Who is included in an industrial action?

The industrial action will include the members who are employed in accordance with the collective agreement, which at the start of the action work or will start working at the workplaces for which notice has been given regarding the industrial action.

Members of IDA who are employed in accordance with a public sector academic collective agreement will be included in an action if their place of work is selected.

If the employees give notice of industrial action, it will be the Danish Confederation of Professional Associations [Akademikerne] (AC), in cooperation with IDA, which decide who will participate in the industrial action.

If the workplace is selected for industrial action, this also applies to the members who are:

  • Employed for a limited time
  • Employed in flexible jobs or with salary subsidies
  • Members with sideline occupations in the areas affected by the industrial action

Who is not included in an industrial action?

Some employee groups cannot participate in an industrial action.

  • Managers responsible for staff
  • Members who are needed so that the action can be ended
  • Members that the parties agree to exempt from the industrial action, for example, emergency preparedness in hospitals
  • Public servants
  • Employees who are not affiliated with an organisation that is entitled to negotiate
  • Members who are on leave or are legitimately absent
  • Students

During the industrial action

If you are included in an industrial action, you must leave your place of work when the action goes into force. You must not be present at your place of work or carry out any work for your employer as long as the industrial action lasts.

During the industrial action, you must be available for any activities or work tasks that will be started by IDA. More detailed information will be given if this is the case.

Financial support during the industrial action

If you are included in an industrial action, you will not be paid your salary during the period when you are not at work. Instead, you will receive financial support from IDA if you fulfil the following conditions:

The size of the financial support will be set by AC´s board, and we will keep our website up to date regarding this.
Members who participate in the industrial action will not receive unemployment benefits, even though the employment conditions are regarded as having been terminated in principle. The reason for this is that unemployment is due to an industrial action, as either a strike or a lockout.

If you become unemployed during the industrial action because you are employed with a time limitation that expires during the action, you will be able to receive benefits because the unemployment is not due to the industrial action.
We refer to your unemployment insurance fund for other questions regarding benefits.

Holidays

As a rule, you may not go on holiday if you are included in the industrial action. This is because, in principle, your employment relationship is regarded as terminated during the action.

In practical terms, your holidays will be postponed with the right to compensating holidays. If you are about to go on holiday after the action has started, please contact IDA by telephone in order to clarify what it means for you at 33 18 48 48.

If you have already started your holiday when the industrial action starts, you can continue taking your holiday. You have the right to receive your salary during the holiday – even though it will be paid during the industrial action.

Maternity and paternity leave

If you have started – or are about to start – a paid maternity or paternity leave, or parental leave, you will not receive salary from your employer during the industrial action.

If you have paid pregnancy leave (leave before birth), maternity leave, paternity leave or parental leave when the industrial action starts, you must contact Udbetaling Danmark [responsible for disbursement of pension and other benefits] for information about payment of maternity or paternity benefits. You also have the right to supplementary financial support during the industrial action for the part of the pregnancy leave, maternity leave, paternity leave or parental leave) when you have the right to salary payments.

Members who start pregnancy leave, paternity leave, or maternity leave, etc., during the industrial action are entitled to maternity or paternity pay, and must also contact Udbetaling Danmark. If you start your paternity or maternity leave during the industrial action, you must immediately notify your employer when the industrial action ends.

If there are more than four weeks until the expected time of birth, you will receive financial support during the action in the same way as everyone else. During this period, you do not have the right to maternity or paternity pay.

The period during which your employer is obligated to pay your salary during paternity or maternity leave, will not be extended with the time that the industrial action lasts Similarly, any right to benefits from the municipality will not be extended either. Therefore, you will receive neither more nor less leave of absence if you are included in the industrial action.

If you are included in an industrial action, IDA recommends that you comply with the applicable deadlines for giving notice of maternity or paternity leave to your employer as if you were at work.

When the industrial action has ended, the general provisions of the collective agreement apply regarding full salary during maternity or paternity leave again.

Illness or other absence

If you are completely or partially absent due to illness when the industrial action starts, you will also be included in the industrial action, and you will also be entitled to financial support.

If the illness lasts for more than 30 days, you must apply for sickness benefits at borger.dk, but you will also be able to receive supplemental financial support from IDA.

Absence due to illness during the action is not included in the calculation of sickness benefits.

If you have been included in the industrial action, you cannot take time off in lieu of overtime as long as the action lasts. Current time off in lieu of overtime must be stopped when the action starts, and if you have made an agreement regarding time off in lieu of overtime during the action, you will not be able to take it either, but have to make a new agreement.

If you are included in the industrial action, you must not do other work that is affected by the action. If you have already agreed or have started a sideline occupation at a place of work that is not affected by the industrial action, you may continue with it.

Termination

An employer may give notice of termination of employment to an employee before the industrial action starts and during the action, but it must be with the usual notice and conditions. It would not be fair dismissal to give notice of termination of employment to an employee on the grounds that there is an industrial action.

If you want to give notice of termination of your position during the industrial action, this must take place with the usual notice of termination.

End of the industrial action

The action may be ended in the following three ways:

  • The parties agree on a settlement
  • The arbitrator’s arbitration proposals are accepted by the parties
  • The government intervenes and stops the industrial action through legislation

When the industrial action ends, you must start working again at the place of work where you are employed. All members affected by the industrial action are entitled to enter into the same work functions as before the industrial action.

Further information

On an ongoing basis, we will add relevant information to our website on what you need to do in case of an industrial action. In order for IDA to offer you the best possible service, it is important that you have updated your data in “Mit IDA” [my IDA] at this link https://mit.ida.dk/min-profil. It is especially important to update your place of work and your private contact information.

If you have questions that you would like to have answered, please contact IDA at telephone number 33 18 48 48 or use the contact form in Mit IDA.