Multiparty work relationships in Denmark: The active role of social partners

Abstract

The article discusses selected forms of multiparty work relationships that are surfacing in Denmark, and the responses of the social partners to these developments. The overall approach of the Danish labour market parties and legislators is with a view to ensuring that work performed by workers in atypical employment relationships, such as multiparty work relationships, are also covered by collective agreements, which can be enforced. Collective agreements must be effective and adhered to, and attempts to circumvent collective agreements are strictly prohibited. As such, multiparty work relationships are addressed as any other work relationships, and are often expressly included in normal collective agreements. This is the case, unless a setup is viewed as an attempt to circumvent a collective agreement by creating pro forma contracts. In particular, subcontracting by independent contractors has been the subject of legal review, where the trade unions have filed claims before the industrial courts to test the reality of subcontracting arrangements. Also, the question of who is the responsible employer surfaces in multiparty work relationships in particular, as the responsible employer is subject to the duty of adhering to the collective agreement and other workers’ rights. The duty to adhere to provisions in collective agreements covers fraudulent contractual setups, and the user entity that in reality is the employer can be liable for breach of the agreement. Furthermore, the social partners enter into negotiations in respect of new forms of work, adapting collective agreements to such new forms of work. This is the case for platform work. Finally, certain trade unions engage with the interests of their members in becoming independent contractors, and have developed support for their members’ endevaours by way of a formal service bureau to look after the administrative side of being an indepdent contractor. The role of the social partners continues to be central and necessary to counteract circumvention and fraudulent business structures. At the same time, the role of the social partners is also characterised as adaptive and dynamic as they seek to actively engage with the interests of their memberes, and to continue to be a relevant partner for their members as well as for society at large.