- 11 Dec 2009
- Jørgen Vinding
The collective agreement for local government employees in Denmark, the KTO agreement, also covers non-unionised local government employees with respect to its provisions on statements of employment particulars. An employer was therefore entitled to correct an employee's statements of particulars without having to pay compensation.
Norrbom Vinding notes
- that the Danish Supreme Court established, based on the ECJ’s ruling on the questions referred, that a collective agreement implementing the Written Particulars Directive can apply also to workers who are not members of the signatory union; and
- that, at the same time, the Supreme Court’s judgment dismissed previous High Court judgments to the contrary, including the Danish Western High Court’s judgment from 9 January 2008 (as reported in UfR 2008/1074), which concluded that the same collective agreement did not extend to a non-unionised worker.