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					                   Bricklayers Agreement 2007

                             between

         The Danish Construction Association

                                and

      The United Federation of Danish Workers




General text:            Applies to all areas

Bold-type text:          Applies to regional districts only

Text in italics:         Applies to Copenhagen and North Zealand
                         Zones 1 and 2 only




                                                                   1
CONTENTS:


PART 1 – COLLECTIVE AGREEMENT ........................................6
    Chapter 1 Scope of the collective agreement .................................. 6
      Clause 1         Scope ............................................................................... 6
      Clause 2         Division into zones in Copenhagen and North Zealand ... 6
      Clause 3         Admission of new members ............................................. 9
      Clause 4       Mutual obligations ............................................................ 10
    Chapter 2 Employment relationship ............................................... 11
      Clause 5         Terms of employment ..................................................... 11
    Chapter 3 Working hours ................................................................. 13
      Clause 6         Weekly working hours .................................................... 13
      Clause 7         Daily working hours ........................................................ 13
      Clause 8         Variable weekly working hours ....................................... 13
      Clause 9         Working hours requiring overnight accommodation ....... 14
      Clause 10 Part-time ......................................................................... 14
      Clause 11 Days off .......................................................................... 15
    Chapter 4 Overtime ........................................................................... 16
      Clause 12         Overtime / work on Sundays and public holidays ......... 16
    Chapter 5 Time wages ...................................................................... 18
      Clause 13        Pay conditions ................................................................ 18
      Clause 14         Welfare measures ......................................................... 19
      Clause 15         Travel allowance ........................................................... 21
    Chapter 6 Payroll administration ..................................................... 22
      Clause 16         Pay period ..................................................................... 22
      Clause 17         Payment of wages ......................................................... 22
      Clause 18         Pay slips ........................................................................ 23
    Chapter 7 Performance-related pay ................................................ 24
      Clause 19         Piecework conditions..................................................... 24
      Clause 20         Advance payment for piecework ................................... 25

2
  Clause 21          Piecework deficits .......................................................... 26
  Clause 22          Interruption of piecework/repair work ............................ 26
  Clause 23 Piecework payments and piecework guarantee
  payments ............................................................................................ 27
  Clause 24          Special payment claims................................................. 28
  Clause 25          Work measurement ....................................................... 29
  Clause 26          Piecework job accounts ................................................ 29
  Clause 27          Submission of industrial arbitration awards .................. 30
  Clause 28          Employer participation in piecework .............................. 31
  Clause 29          Trainee participation in piecework ................................. 31
  Clause 30          Piece Rate List – Standing Committee ......................... 31
  Clause 31          Other collective agreements ......................................... 32
Chapter 8 Pension ............................................................................. 33
  Clause 32           Pension ........................................................................ 33
Chapter 9 Sickness, sick children, etc. ........................................... 34
  Clause 33          Sickness and injury ....................................................... 34
  Clause 34          Sick children .................................................................. 35
  Clause 35          Hospitalised children ..................................................... 36
  Clause 36          Maternity provisions ...................................................... 36
  Clause 37          Compassionate leave .................................................... 37
  Clause 38          Social provisions ........................................................... 38
  Clause 39          Senior agreement .......................................................... 38
Chapter 10 Holiday and public holiday provisions ....................... 40
  Clause 40          Holiday entitlement ........................................................ 40
  Clause 41          Taking of holidays ......................................................... 40
  Clause 42         Sickness and holidays .................................................... 42
  Clause 43          Transfer of holidays ....................................................... 43
  Clause 44          Holiday allowance ......................................................... 43
  Clause 45          Holiday card scheme ..................................................... 45
  Clause 46          Payment of holiday allowance ....................................... 46



                                                                                                       3
      Clause 47 Payment of holiday allowance on expiry of the holiday
      year ..................................................................................................... 48
      Clause 48           Special provisions ......................................................... 49
      Clause 49           Industrial holiday fund ................................................... 50
      Clause 50           Public holiday payments................................................ 51
      Clause 51 Holiday and public holiday provisions for employees
      posted abroad ..................................................................................... 53
    Chapter 11 Cooperation ................................................................... 54
      Clause 52           Shop steward rules........................................................ 54
      Clause 53           Safety representatives .................................................. 55
      Clause 54           Cooperation ................................................................... 56
      Clause 55           Cooperation and working environment ......................... 57
    Chapter 12 Education and training ................................................. 58
      Clause 56           Building and Construction Industry Development Fund 58
      Clause 57           Education and training scheme ..................................... 60
      Clause 58           Bricklayer’s labourer training ......................................... 60
      Clause 59           Education and training fund .......................................... 61
      Clause 60 Education and Training Fund of the Confederation of
      Danish Employers/The Danish Confederation of Trade Unions ........ 61
    Chapter 13 Employment and termination of employment ............ 62
      Clause 61           Employment .................................................................. 62
      Clause 62           Termination of employment ........................................... 62
    Chapter 14 Industrial disputes procedure ...................................... 64
      Clause 63           Industrial disputes ......................................................... 64
      Clause 64           Industrial Court .............................................................. 68
      Clause 65           Urgent cases ................................................................. 69
      Clause 66           Work stoppage .............................................................. 69
    Chapter 15 Furnace and refractory work ........................................ 70
      Clause 67           Furnace and refractory work ......................................... 70
    Chapter 16 Other provisions ............................................................ 73
      Clause 68           Working clothes ............................................................. 73
      Clause 69           Temporary work ............................................................ 73
4
 Clause 70        Circumventing the collective agreement ....................... 75
 Clause 71        Winter construction ........................................................ 75
 Clause 72        Duration of the collective agreement............................. 79
GENERAL AGREEMENT ..................................................................... 80




                                                                                              5
           PART 1 – COLLECTIVE AGREEMENT
                          Chapter 1
              Scope of the collective agreement

Clause 1    Scope


1.   The collective agreement for bricklayers and bricklayers’ labourers
     takes effect as of 1 March 2007 for all members of the Danish
     Building Association (Dansk Byggeri) within the occupational scope
     of the agreement as amended and revised in connection with the
     2007 collective bargaining.
2.   The parties agree conclusively that the finalised version of the
     collective agreement was not intended to change its content in
     terms of occupational scope.


Clause 2    Division into zones in Copenhagen and North Zealand


Collective agreement regarding Copenhagen and North Zealand
(Greater Copenhagen)
Zone 1
1. The following municipalities: Dragør, Tårnby, Copenhagen,
    Frederiksberg, Hvidovre, Brøndby, Vallensbæk, Albertslund,
    Glostrup, Rødovre, Gentofte, Gladsaxe, Herlev, Ballerup, Furesø,
    Lyngby-Taarbæk, Rudersdal, Allerød, Hørsholm, Fredensborg.
Zone 2
2. The following municipalities: Helsingør, Gribskov, Frederiksværk-
    Hundested, Hillerød, Frederikssund, Egedal, Høje-Taastrup, Ishøj,
    Greve.
Bricklayers’ labourers:
3. The collective agreement applies throughout Denmark, except for
     the municipalities of Copenhagen and Frederiksberg.
4.   For bricklayers’ labourers in the municipalities of Copenhagen and
     Frederiksberg the collective agreement between the Danish
     Construction Association and the Union of Bricklayers’ Labourers in


6
Copenhagen (Murerarbejdsmændenes Fagforening i København)
applies.




                                                        7
8
Clause 3     Admission of new members


The following provisions apply to enterprises joining the Danish
Construction Association:
New members covered by another collective agreement
5. Enterprises admitted as members of the Danish Construction
    Association and previously covered by another collective
    agreement are covered by the collective agreements of the Danish
    Construction Association three months after the United Federation
    of Danish Workers (Fagligt Fællesforbund – the Federation) was
    notified of the enterprise’s admission to the Association.
New members covered by accession agreement
6. Accession agreements applying in enterprises that joined the
    Danish Construction Association as members after 1 March 2007
    apply for up to three months after the Federation was notified in
    writing about the enterprise’s admission to the Danish Construction
    Association, after which Association’s collective agreement for the
    area concerned takes effect.
Adaptation negotiations
7. Once the Federation becomes aware that an enterprise is covered
    by a collective agreement under the Danish Construction
    Association, the Federation may request that an organisation
    meeting be held, see clause 63 (20).
     The purpose of the organisation meeting is to explore the
     possibilities of how the employees may fit into the existing collective
     agreements in order to comply with the rules thereof and to allow
     the parties to the collective agreement to acquaint themselves with
     the existing pay and employment conditions for the employees.
     During the adaptation negotiations, existing pay and employment
     conditions may be documented.
Resignation
8. On resignation from the Danish Construction Association,
    application of the accession agreement is resumed, unless the
    enterprise is covered by another collective agreement through its
    membership of an organisation under the umbrella of the
    Confederation of Danish Employers (Dansk Arbejdsgiverforening).
                                                                          9
Clause 4   Mutual obligations


Journeyman bricklayers
1. The Danish Construction Association undertakes to mainly employ
     journeyman bricklayers for bricklaying usually performed by
     journeyman bricklayers and trainees.
 2. On its own and its members’ behalf, the United Federation of
     Danish Workers - bricklayers and bricklayers’ labourers
     section - undertakes to refrain from working for or concluding
     collective agreements with any employer or employer
     organisation outside the Confederation of Danish Employers
     on pay and working conditions that are poorer than those
     agreed between the Confederation of Danish Employers and
     its member organisations and the United Federation of Danish
     Workers, provided that the organisations will not thereby
     conflict with existing legislation.
 3. The Danish Construction Association and the United
     Federation of Danish Workers, bricklayers and bricklayers’
     labourers section, agree that it is considered breach of this
     collective agreement if the contracting parties or their
     members allow work or works to be performed on terms
     (piecework and time wage terms) other than those provided for
     in this collective agreement.
 4. Two or more enterprises may only cooperate on a job if a
     genuine business relationship exists. Excluded are works for
     which a subcontractor or a specialist firm hires journeyman
     bricklayers and bricklayers’ trainees exclusively (however, for
     gypsum plaster work, etc., journeyman bricklayers,
     bricklayers’ trainees and bricklayers’ labourers, see part VI P
     of the piece rate list) to perform the work.
 5. Journeymen may not undertake work on their own account in
     connection with new buildings, rebuilding and repair work
     outside normal working hours.




10
                          Chapter 2
                    Employment relationship

Clause 5    Terms of employment


Terms of employment
1. When employees are hired for periods exceeding one month, and
    weekly working hours exceed eight hours, a written statement of
    particulars, setting out the terms and conditions of the employment,
    must be issued to the employee.
     The statement of particulars must include at least the same
     information as is highlighted in the contract of employment attached
     as appendix hereto.
     The statement must be given to the employee not later than one
     month after commencement of employment.
     The parties recommend that enterprises use the contract of
     employment reproduced in appendix 3, page 105.
Travel and work abroad
2. Employees posted to work in a foreign country must be informed of
    working hours, pay and working conditions, travel (meaning
    transport to and from the foreign country as well as any local
    transportation), the currency in which wages will be paid, any
    allowances in cash or in kind during the stay, including board and
    lodging, duration of the work to be performed abroad, any
    insurance cover taken out for the employee, whether steps have
    been taken to have the necessary certificates issued in connection
    with the posting and the terms of any subsequent continuation of
    the employment in Denmark.
Varying the terms of employment
3. In the event of any variation in the terms shown in the contract of
    employment, the employee must be informed of such variations in
    writing as soon as possible, and not later than one month after they
    have come into force. However, this condition does not apply to
    amendments to acts, administrative provisions or provisions
    contained in any articles of association or collective agreements
    which apply to the employment.


                                                                      11
Failure to comply with the obligation to inform
4. If the employee has not received the information about the
     employment, see subclauses (1) and (2), within the deadlines
     specified, the issue may be decided according to the Industrial
     Disputes Procedure (”Regler om behandling af faglig strid”)
     contained herein.
     If the above-mentioned information has been given to the employee
     within 15 days of a written claim for such information having been
     raised against the enterprise, no penalty can be imposed on the
     enterprise unless there has been a systematic breach of the
     employer’s obligation to inform.
Temporary provisions
5. If an employee hired before 1 July 1993 wishes to be informed of
   the terms and conditions of employment, see subclauses (1) and
   (2), and the employee makes such request on 1 July 1993 or later,
   the enterprise must provide the employee with the information
   within two months of receipt of the request.
Trainees
6. This agreement does not apply to traineeships.




12
                           Chapter 3
                          Working hours

Clause 6    Weekly working hours


1.   The normal number of effective weekly working hours is 37.
2.   Weekly working hours are spread over the first five days of the
     week.


Clause 7    Daily working hours


1.   Normal daily working hours start at 7 a.m.
2.   Employees are entitled to two 30-minute meal breaks per working
     day.
3.   Meal breaks must be scheduled in agreement between the
     enterprise and the employees. The enterprise and the employees
     may agree that only one meal break is taken.
4.   Provided the enterprise and the employees agree and the local
     employers’ association and trade union have been notified thereof,
     working hours may be rescheduled between the hours of 6 a.m. to
     6 p.m., if the daily number of hours is upheld. Such cases exclude
     payment of overtime premiums.


Clause 8    Variable weekly working hours


Variable working hours
1. Subject to local agreement, daily or weekly working hours may be
     increased or reduced, so that average normal weekly effective
     working hours over a pre-scheduled period are 37 hours.
2.   Working hours may be scheduled between 6 a.m. and 6 p.m.
3.   No period of variable working hours can extend beyond 10 weeks,
     holidays not included.



                                                                    13
4.   An agreement regarding variable working hours must be made in
     writing and the number of normal daily working hours may not
     exceed ten effective working hours.
5.   The agreement is subject to approval by the local trade union
     branch before the agreed period begins.


Clause 9    Working hours requiring overnight accommodation


1.   In connection with jobs requiring employees to spend the night
     away from the home, normal effective working hours may be
     rescheduled between the period from 6 a.m. to 6 p.m., provided the
     enterprise and the employees agree (for example, a four-day
     working week).
2.   Under such agreement, the number of normal daily working hours
     may not exceed ten hours.
3.   Such agreements exclude payment of overtime premiums.
Hotel and meals
    Where, subject to agreement with the enterprise, employees are
    required to spend the night at a hotel, hotel and meal expenses
    (reasonable standard) must be paid. Incidental expenses are paid
    for according to the rates in force of the National Assessment
    Council (Ligningsrådet) (at 1 January 2008, the rate is DKK 107.25
    per day).


Clause 10 Part-time


Notwithstanding the provisions on normal weekly and daily working
hours, agreements on part-time employment may be entered into on the
following conditions:
 1. The minimum and maximum number of normal weekly working
      hours for part-time employment is 15 and 30, respectively.
2.   Enterprises providing part-time employment must notify the
     organisations in each case about the number of hours and work
     schedule.
3.   Working hours (number of hours and work schedule) may only be
     changed subject to four calendar weeks’ notice.

14
4.   Part-time employment is paid for according to the provisions of the
     collective agreement generally applicable, so that no pay
     compensation of any kind may be granted to employees whose
     working hours are shorter than normal working hours.
5.   Hours worked in excess of the number of hours fixed by the parties
     are paid for at the overtime rate according to the collective
     agreement.
6.   The notice of termination provisions of clause 62 also apply to part-
     time employees.


Clause 11 Days off


May Day
1. 1 May is a full day off.
Constitution Day
2. Constitution Day is considered a public holiday subject to public
    holiday advance in accordance with clause 50(3).
Special days of leave
3. Employees are entitled to five special days of leave per calendar
    year.
4.   Special days of leave (‘special holidays’) are paid for according to
     the same rules as apply to payment for public holidays, see clause
     50, and the timing allocated according to the same rules as apply to
     timing of any residual holiday entitlement.
5.   Advance payments for special holidays amount to DKK 850 for
     adult workers.
6.   If an employee is ill on commencement of a special holiday, the
     employee has no obligation to take the special holiday, and the
     holiday may be postponed to a later date.




                                                                       15
                             Chapter 4
                             Overtime

Clause 12    Overtime / work on Sundays and public holidays


Overtime
1. Overtime hours are calculated from the end of normal working
    hours to the beginning of normal working hours. The first three
    overtime hours are payable at the minimum hourly rate of pay
    according to the collective agreement, excluding tool allowance,
    plus a premium of 50% and subsequent hours plus a premium of
    100%.
2.   One out of these three hours can be scheduled to start immediately
     before the beginning of normal working hours.
3.   Sunday, public holiday and Saturday work is payable at the
     minimum hourly rate of pay according to the collective agreement,
     excluding tool allowance, plus a premium of 100%.
4.   During overtime, Sunday and public holiday work, employees are
     entitled to a 30-minute meal break for every full 3½ hours of work
     without any deduction in payment, including a 30-minute meal
     break in immediate continuation of normal working hours, provided
     the overtime demanded exceeds one hour.
Sunday and public holiday work
    Overtime, Sunday and public holiday work can be performed
    subject to agreement between the enterprise and the
    employees.
5. Employees must be willing to do overtime, Sunday and public
    holiday work as necessary.
     The following work is considered necessary:
        Exhibition work, repairs to stores, workshops and factory
         premises which, if performed during normal working hours,
         would prevent other workers from performing their work.
        Work in connection with well and sewerage systems, bridges,
         etc. which, if performed during normal working hours, would
         obstruct traffic in general.


16
       Work in connection with underpinning buildings, caused by
        excavation of an adjoining site or similar work that necessarily
        needs to be performed to prevent accidents.
Lieu days
     Overtime in excess of four hours per week must be taken as
     time off in lieu within three months of the work performed.




                                                                     17
                                      Chapter 5
                                     Time wages

Clause 13      Pay conditions


General time wage provisions
1. The hourly wage for time work to be determined by agreement
    between the employer and the individual employee is as follows
    from the start of the pay week that includes
     1 March 2007 ....................................................................DKK 104.40
     1 March 2008 ....................................................................DKK 106.90
     1 March 2009 ....................................................................DKK 109.40
Pay negotiations
2. A change of the hourly wage for time work can only be negotiated
    at the individual enterprise once in each year of the pay settlement
    period.
3.   Changes to the minimum hourly rate of pay do not affect wages
     already on a level with or above the minimum hourly rate of pay and
     any allowances provided for by collective agreement, whereas
     wages that are lower than the new rate according to the collective
     agreement at 1 March 2007, 1 March 2008 and 1 March 2009,
     respectively, are increased to the new rate.
4.   Any collective or individual agreements concluded on adjustment of
     wages in connection with changing the hourly rate of pay or other
     rates according to the collective agreement cannot be invoked.
5.   Either party may request that negotiations be opened about such
     agreements.
Tool allowance
     Journeyman bricklayers:
6.   Tool allowance is payable at the following hourly premium in
     connection with piecework and time work from the start of the pay
     week that includes
     1 March 2007 .......................................................................DKK 2.36
     1 March 2008 ........................................................................DKK 2.43
     1 March 2009 ........................................................................DKK 2.50
18
     Tool allowance in connection with piecework is included in the
     accounts as the final item on completion of the piecework.
     Tool allowance in connection with time work is considered included
     in the hourly wage unless, subject to agreement with the employer,
     the tool allowance is entered on the weekly pay slip as a special
     item.
Bricklayers’ labourers:
     The enterprise must supply the necessary tools.
     The tools belong to the enterprise.
Dirt allowance
7. The employee is entitled to claim a special allowance for
     particularly dirty time work in connection with old roofs, old
     chimneys, old basements, old factory premises and the like, as well
     as fire damage, provided such allowance was not taken into
     account in connection with the wage determination. Failing
     agreement, any disagreement may dealt with under the Industrial
     Disputes Procedure.
Inclement weather
 8. If the employer or his representative acknowledges that inclement
     weather has stopped work and he has demonstrably instructed the
     worker to remain at the work site until work can be resumed, the
     worker must receive the minimum hourly rate of pay of the
     collective agreement during the waiting time.
9.   Bricklayers’ labourers in Greater Copenhagen (see clause 2) retain
     the right to the agreed hourly pay, see current practice regarding
     payment of waiting time.


Clause 14    Welfare measures


1.   Welfare measures must be implemented according to the executive
     order in force at any time, which forms part of this collective
     agreement. For the time being, refer to the welfare measure
     provisions of Executive Order No. 589 of 22 June 2001 of the
     Danish Working Environment Authority on conditions at
     construction sites and similar places of work (Arbejdstilsynets
     bekendtgørelse nr. 589 af 22. juni 2001 om indretning af
     byggepladser og lignende arbejdssteder).

                                                                      19
 2.   If, in the opinion of the employees, the welfare measures do not
      comply with the rules in force, they can raise the matter through
      their organisation.
 3.   A briefing session must then be held at the workplace within five
      days with the parties and representatives of the respective
      organisations, unless the matter has been remedied in the
      meantime. See subclause 8.
 4.   At the briefing session it must be decided whether or not rules have
      been complied with and whether possible deficiencies should be
      regarded as considerably deteriorating the utility value of the
      welfare measures.
 5.   If it is agreed at the briefing session that no deficiencies exist which
      considerably deteriorate utility values, the case must be closed.
 6.   If deficiencies are found which considerably deteriorate utility
      values, shelter money, rate 1, is payable from the day when the
      protest was raised in writing and until it has been remedied.
 7.   Failing agreement at the briefing session, both parties are entitled
      to have the issue resolved by the Industrial Disputes Procedure.
      Written minutes of the meeting must be prepared, stating the issue
      in dispute.
 8.   If the nature of the deficiency is such that it will be overtly
      unfounded to have a briefing session, for example, if a shelter is
      missing altogether and a shelter is required according to the rules,
      the employees may demand payment of shelter money, rate 2, as
      from the day protest against the matter was raised in writing and
      until it has been remedied.
 9.   Disagreements, see subclause (8), must be dealt with according to
      the Industrial Disputes Procedure.
10.   Any deficiencies, see subclauses (6) and (8), must be remedied by
      the employer within five working days after the briefing session or
      the protest was raised in writing against the employer, as the case
      may be. Failing that, the issue may be referred to the Industrial
      Court.
11.   If the duration of the work is a maximum of three working days or
      six man days and the employer fails to make appropriate toilet and
      eating facilities available, employees are entitled to shelter money,
      rate 1.
12.   Shelter money, rate 1, per employee per day,

20
     amounts to ..........................................................................DKK 57.50
     Shelter money, rate 2, per employee per day,
     amounts to ......................................................................... DKK 90.00


Clause 15       Travel allowance


1.   For work performed at a distance of between 10 km and 35 km
     from the employee’s home address, mileage allowance for
     transport to and from work of DKK 1.78 per km or fraction
     thereof, is payable for each day the employee goes to work.
2.   For work performed at a distance of between 5 km and 35 km from
     the employee’s home address, mileage allowance for transport to
     and from work of DKK 1.78 per km or fraction thereof is payable for
     each day the employee goes to work.
3.   The above-mentioned allowances are adjusted according to the
     government rates applying to transport in excess of 20,000 km per
     year.
4.   Adjustment is made from the start of the pay period that includes 1
     March and 1 September.
     As of 1 March 2007 the allowance amounts to ...................DKK 1.78
5.   For distances up to 5 – or 10 km, as the case may be – and where
     the enterprise provides free transport, no mileage allowance is
     granted.
     Mileage allowance for distances of more than 35 km is subject to
     agreement, see the provisions in force.
     Distances are calculated for the shortest passable route.
     Employees cannot claim any increase in mileage allowance during
     a piecework contract even if the distance increases due to a
     change of home address.




                                                                                              21
                           Chapter 6
                     Payroll administration

Clause 16    Pay period


1.   The pay period starts on a Monday, and wages are payable on the
     first Thursday after the end of the pay period.
2.   The enterprise can demand the surrender of pay sheets Monday
     morning. Payment of wages must take place at the workplace
     immediately before the end of working hours.
3.   Unless otherwise agreed locally between the employer and the
     employee, the pay period is two weeks.


Clause 17    Payment of wages


1.   Wages can be paid in cash, by deposit into a current account or, if
     accepted by the employee, by cheque. The employee must be able
     to cash the cheque within bank opening hours on the same day.
2.   Payment of wages through a bank, etc., must normally be made on
     Thursdays. In weeks where Thursday is a public holiday, wages are
     payable on the nearest preceding weekday.
3.   All agreed time wages must be paid for each pay period.
4.   Where the pay day falls during an employee’s holiday, payment of
     wages must be made on the first normal pay day after the holiday.
5.   The employer must send outstanding pay to an employee who has
     no current account to the employee at his address on the first pay
     day.
6.   If the employee’s address is unknown to the employer, the
     employer can send outstanding pay to the local branch of the
     United Federation of Danish Workers.




22
Clause 18   Pay slips


    In connection with wage payment, pay slips specifying the following
    information must be used:
       Central Business Register No. of the enterprise
       Time work
       Piecework/piecework bonus
       Overtime
       Wages during sickness
       Holiday and public holiday entitlement
       Mileage allowance
       ATP (Danish labour market supplementary pension)
       Pension
    
                                st      nd
        Allowance payable for 1 and 2        day of unemployment




                                                                     23
                            Chapter 7
                     Performance-related pay

Clause 19     Piecework conditions


Piecework
1. All new work is performed as piecework and is paid for pursuant to
    the piece rate lists applicable between the parties and the
    provisions laid down in the collective agreement.
2.   If rebuilding and repair work is so extensive that it can be performed
     as piecework, such work may be performed pursuant to the piece
     rate list, provided the employer and employee agree.
3.   The prices listed in the piece rate list are prices paid for satisfactory
     work.
4.   The employer is required to provide suitable materials.
5.   Before work begins, the employer or his representative must
     discuss, where possible, the design and fitting out of the workplace,
     the planning of the work and the method of payment with the holder
     of the piecework contract.
     The existing Piece Rate List between the Danish Construction
     Association and the Bricklayers and Bricklayers’ Labourers Section
     of the United Federation of Danish Workers applies in Greater
     Copenhagen (see clause 2).
6.   The Piece Rate List for Bricklaying in Copenhagen and North
     Zealand Zones 1 and 2 and the Piece Rate List for Bricklaying in
     Regional Districts apply to journeymen.
     The Piece Rate List for Bricklaying by Bricklayers’ Labourers 2006
     applies to bricklayers’ labourers throughout Denmark, with the
     exception of the municipalities of Copenhagen and Frederiksberg.
Hours of work
7. The holder of the piecework contract must keep a work log of
    employees’ time work hours and piecework hours. Any day wage
    work must be specified on the weekly pay sheet and the work log,
    respectively.



24
Rights and duties
8. Employees hired for piecework are entitled and under an obligation
    to complete the piecework.
Scope of piecework
9. The scope of the piecework must be agreed upon in writing before
    work commences, if demanded by one of the parties to the
    piecework contract. A similar provision applies to changes in the
    piecework contract.
10.   The sections or subsections of the piece rate list in connection with
      construction of, for example, large buildings or a planned and
      commenced large number of detached houses are basically
      considered one single piecework contract, unless otherwise agreed.
      One single piecework contract means the work covered by the
      corresponding section or subsection.
Group piecework
11. Work is performed as group piecework when agreed upon by the
    employer, journeyman bricklayers and bricklayers’ labourers.
12.   Any disagreements regarding group piecework must be settled by
      the Industrial Disputes Procedure, the employees being
      represented by the bricklayers and bricklayers’ labourers section of
      the United Federation of Danish Workers.


Clause 20     Advance payment for piecework


 1.   When work is performed on a piecework basis, the enterprise is
      only obliged to pay the wages earned according to the piece rates.
      However, if the full payment is presumed not to have been earned,
      the enterprise must immediately measure and calculate the work
      performed and have such measurements and calculations ready on
      pay day.
 2.   Employees working for enterprises having introduced two-week pay
      periods can claim advance payment for work performed on each
      pay day of up to 85% of the piecework sum, provided a request for
      advance payment has been made as specified below.
 3.   In connection with piecework contracts of longer duration, workers
      can claim advance payment every six weeks for work performed of
      a total of 90% of the piecework sum, including the normal pay.


                                                                        25
4.   However, advance payment requests must be made five working
     days before payment which falls due on a pay day.


Clause 21    Piecework deficits


1.   Pieceworkers are only entitled to the pay earned. Subject to the
     requisite documentation, the enterprise may withhold any unearned
     part of the payment.
2.   The enterprise is entitled to settle piecework contracts where job
     accounts render it probable that the employees have completed
     fewer units than estimated in the full contract.
3.   The parties are then discharged.


Clause 22    Interruption of piecework/repair work


Interruption of work
 1. If the performance of a piecework contract is interrupted and the
     enterprise offers the employees other work during the interruption,
     the employees cannot claim compensation.
2.   Employees may not refuse to carry out other work until the
     interrupted piecework can be resumed, provided such other work is
     within a further distance of 20 km of the relevant employee’s home
     address.
3.   Employees refusing to accept other offered work cannot claim
     compensation for loss of working time.
4.   If the employer fails to offer other work, and the employees claim
     compensation for loss of working time, they are entitled to have the
     matter dealt with under the Industrial Disputes Procedure, see
     clause 63.
5.   When clause 4(2) of the Basic Agreement applies, employees
     having started work under a piecework contract cannot refuse to
     interrupt the contract to carry out urgent repair work. However,
     reasonable consideration should be given to ensuring that it is not
     always the same employees who are taken off piecework.




26
Waiting time
6. Compensation awarded for waiting time is the minimum hourly
     rate of pay for repair work in force at any time.
 7.   If the employer cannot be blamed for the interruption of the
      piecework and the employer is unable to offer other work to
      the journeymen, he is under no obligation to pay
      compensation. Employees are entitled to claim the work
      measured and settled, unless the interruption is due to
      inclement weather.
 8.   According to current practice, bricklayers’ labourers in Greater
      Copenhagen (see clause 2) retain the right to the agreed hourly
      wage, see clause 13(9).
Claim for compensation
9. Any claims for compensation must be made to the employer not
    later than three days after the stoppage occurred.
10.   Unlawful work stoppages, strikes or lockouts do not render the
      enterprise liable to pay compensation.


Clause 23       Piecework payments and piecework guarantee
payments


 1.   Payments on account and other advance payments are deducted
      when settling payment for piecework.
Piecework guarantee payment
2. A piecework guarantee payment for bricklaying by journeyman
    bricklayers and bricklayers’ labourers must be paid to employees
    whose length of service with the enterprise amounts to at least one
    month in addition to the minimum hourly rate of pay from the start of
    the pay week that includes
       1 March 2007 ....................................................................DKK 25.00
       1 March 2008 ....................................................................DKK 22.50
       1 March 2009 ....................................................................DKK 20.00
      The piecework guarantee payment is subject to adjustment from
      the start of the pay week that includes 1 March and subject to
      negotiation in connection with the next collective bargaining. See
      appendix 2 page 104.

                                                                                            27
Advance payment
3. The advance payment for piecework is subject to separate
    agreement between the employee and the enterprise, but amounts
    to not less than the minimum rate of pay plus the piecework
    guarantee payment.


Clause 24    Special payment claims


1.   Agreements regarding work, the rates of which are not included in
     the piece rate list or regarding rates which are included in the piece
     rate list but special circumstances warrant a supplement to the
     rates, must normally be made in writing not later than in the course
     of performance of the work.
2.   When a written, signed and dated claim / offer is submitted, the
     recipient or his representative must acknowledge receipt by his
     signature.
3.   The agreement must be signed by the holder of the piecework
     contract on the part of the employees and – if possible – by a
     participant in the piecework concerned. The signatures are binding
     on all employees participating in the piecework, whether or not they
     have participated in the work from the time the special payment
     agreement / the actual piecework contract was concluded or from a
     later point in time.
4.   Enterprises and employees may also seek to have rebuilding and
     repair work performed as far as possible as piecework at rates
     agreed upon between the parties with the piece rate list as a
     guideline.
5.   Employees having refrained from making a special payment claim
     during performance of the work – based on a reasonable
     assumption that the work concerned was covered by the piece rate
     list - and it turns out that the work is not covered by the piece rate
     list after all, shall not be prevented from raising a special payment
     claim through the usual Industrial Disputes Procedure.
6.   Where employees submit a special payment claim to the employer
     or his representative, the employer must give his written reply within
     a period of eight days.
7.   If neither of the above has taken place, the employees’ claims are
     deemed to have been accepted.

28
 8.   The special payment agreement must be concluded and signed by
      the parties within 12 days of the employer’s reply or, failing
      agreement between the parties, must have been referred to
      conciliation.
 9.   If neither of the above has taken place, the employer’s offer is
      deemed to have been accepted.
10.   Sundays, public holidays, Saturdays in connection with five-day
      weeks and the date of submission are not included in the above-
      mentioned time limits.
11.   If an enterprise has given notice of collective holiday closing, the
      deadlines are postponed by the length of the holiday.


Clause 25     Work measurement


      The enterprise must be notified when work is to be measured
      not later than 48 hours before the measurement is scheduled
      to take place to enable the enterprise or its representative to
      be present.


Clause 26     Piecework job accounts


 1.   Dated and signed job accounts must be submitted to the enterprise
      or its representative not later than 25 days after the piecework
      contract was completed.
Bricklayers’ labourers
2. The deadline for percentage allowance work is 15 days after the job
     accounts for journeymen have been submitted.
Review deadlines
3. If the employer cannot accept the accounts, he must make his
    written objections to the unacceptable items in the accounts by the
    end of normal working hours on the eighth day after submission of
    the accounts.
 4.   Undisputed bonus or part of such bonus is payable not later than on
      the following pay day.
 5.   If the accounts objected against cannot be submitted to the holder
      of the piecework contract within the above-mentioned deadline, the

                                                                       29
      review deadline is deemed to have been observed if the objections
      are posted not later than on the eighth day. If the address of the
      holder of the piecework contract is not known by the enterprise,
      objections can be submitted to the local branch of the United
      Federation of Danish Workers before the above-mentioned
      deadline.
 6.   If the employer’s objections cannot be accepted, the disputed items
      must have been referred to conciliation not later than 12 days after
      the employer submitted his objections. Failing such referral, the
      employer’s objections are deemed to have been accepted.
 7.   As regards final accounts submitted to the employer before the
      piecework contract has been completed, the above-mentioned time
      limits do not begin to run until the day work has been completed,
      unless otherwise agreed in writing between the parties.
 8.   Provisional accounts, advance payment statements and any
      objections thereto are not binding on any parties when the final
      accounts are made.
 9.   If the employer organises collective holidays pursuant to the holiday
      rules, the above-mentioned review deadline is postponed by the
      number of days of holiday if the accounts are not submitted at the
      latest five days before the first day of holiday.
10.   When deductions are made in journeymen’s piecework sum for
      unsatisfactory work and such work must be rectified, no deduction
      is made in the amount owed to bricklayers’ labourers, unless the
      labourers themselves (for example, in connection with preparation
      of materials) are jointly responsible for the unsatisfactory work.
11.   Sundays, public holidays and Saturdays in connection with five-day
      weeks and the submission date are not included in the above-
      mentioned time limits.
      If an enterprise has given notice of collective holiday closing, the
      review deadline is postponed by the length of the holiday.


Clause 27      Submission of industrial arbitration awards


Bricklayers’ labourers:
     If conciliation decisions or industrial arbitration awards regarding
     journeymen’s accounts influence bricklayers’ labourers’ accounts,
     the Danish Construction Association must submit a copy thereof
30
     upon the request of the local branch of the United Federation of
     Danish Workers.


Clause 28      Employer participation in piecework


Journeyman bricklayers:
    Employers participate in journeymen’s piecework at the same
    hourly rate of pay as that received by journeymen. The hours
    worked by the employer are verified with the holder of the
    piecework contract on a daily basis and the employer must
    contribute to payment of measurement costs.


Clause 29      Trainee participation in piecework


     When trainees participate in journeymen’s piecework, the amount
     per trainee hour stipulated in the collective agreement regarding
     trainee pay, etc., in force at any time between the Danish
     Construction Association and the bricklayers and bricklayers’
     labourers section of the United Federation of Danish Workers must
     be deducted
                          1 March 2007 1 March 2008 1 March 2009
     Grade 1              DKK 57.02       DKK 58.98       DKK 61.01
     Grade 2              DKK 72.05       DKK 74.43       DKK 76.90
     Grade 3              DKK 82.24       DKK 84.91       DKK 87.67
     Grade 4              DKK 97.88       DKK 101.03      DKK 104.29


Clause 30      Piece Rate List – Standing Committee


1.   Standing committees for industry-specific piece rates must be set
     up. Either party appoints two to three members to the committee to
     fix the rates payable for work with new materials not included in the
     existing piece rate list and to consider questions regarding changes
     in working conditions (e.g. use of labour-saving machinery or
     electrical hand-tools).
                                                                        31
2.   Negotiations for the purpose of fixing rates for new materials and
     methods must be commenced within six months.
3.   If the parties agree to fix rates for such work, the rates shall apply
     until terminated by either party on expiry of the collective
     agreement. The rates will be printed as a supplement to the piece
     rate list.
4.   If the piece rate committee fails to agree on the fixing of rates, the
     issue concerned must be dealt with under the Industrial Disputes
     Procedure.


Clause 31    Other collective agreements


Bricklayers’ labourers
     The parties agree to observe the collective agreements concluded
     between organisations under the umbrella of the Confederation of
     Danish Employers and the Danish Confederation of Trade Unions
     (Landsorganisationen i Danmark) regarding performance of other
     work not mentioned in this collective agreement.




32
                             Chapter 8
                              Pension

Clause 32     Pension


1.   The enterprise pays pension contributions to employees and
     trainees having reached the age of 20 and having had six months’
     employment under a collective agreement between the unions of
     the ”BAT Cartel” (the Danish Federation of Building, Construction
     and Woodworkers’ Unions) and the Danish Construction
     Association or Tekniq, or having had paid work for a similar period
     of time.
2.   The pension contribution amounts to the following percentages of
     the employee’s holiday qualifying pay plus holiday and public
     holiday payments from the start of the pay week that includes:
                         Employee        Employer       Total pension
     1 July 2006         3.6%            7.2%           10.8%
     1 July 2007         3.8%            7.6%           11.4%
     1 July 2008         4.0%            8.0%           12.0%
3.   The individual employee has the option to make supplementary
     payments through the employer.




                                                                     33
                              Chapter 9
                      Sickness, sick children, etc.

Clause 33       Sickness and injury


1.   During duly reported and documented periods of absence of up to
     four weeks due to sickness or eight weeks due to injury, the
     employer pays an amount during employment that equals the
     personal hourly wage, up to the following hourly maximum from the
     start of the pay week that includes:
     1 March 2007 ....................................................................DKK 124.00
     1 March 2008 ....................................................................DKK 127.00
     1 March 2009 ....................................................................DKK 130.00
     If an employee has to leave the workplace as a result of sickness or
     injury, the employer pays the same hourly rate as stated above for
     the remaining normal working hours on the day concerned.
2.   Sick pay amounts to the sickness benefit entitlement plus a
     supplement up to the full pay, up to the maximum of the above-
     mentioned amounts and for no more than 37 hours per week.
3.   The calculation basis is the employee’s total earnings (including
     piecework supplements, bonus, etc.) per working hour during the
     four weeks prior to the absence. If the number of working hours
     performed in the preceding four-week period is not available, hours
     of work must be calculated according to the provisions of the Act on
     Sickness Benefits (Sygedagpengeloven). Sick pay for up to 37
     hours per week is calculated as the number of calculated hours
     times, at a maximum, the above-mentioned hourly amount in DKK.
     Payment for absence due to sickness or injury includes the current
     payment pursuant to the provisions of the Act on Sickness Benefits.
     Holiday and public holiday payments are paid during the above-
     mentioned period.
4.   The length of service with the enterprise of the employees
     concerned must be six months. The relevant length of service is
     calculated within a time frame of 18 months, but see the exceptions
     of subclauses (5) and (6).



34
 5.   The provision of subclause (4) regarding length of service does not
      apply to absence as a result of injury at the enterprise suffered
      during the performance of work. It is a condition that the employee
      qualifies for sick pay pursuant to the provisions of the Act on
      Sickness Benefits.
 6.   The provision of subclause (4) regarding length of service does not
      apply to absence as a result of pregnancy examinations. If
      pregnancy examinations cannot take place outside the pregnant
      employee’s normal working hours, sick pay is payable at the rate
      fixed in the collective agreement for the number of hours the
      employee is absent.
 7.   Sickness benefit pursuant to the provisions of the Act on Sickness
      Benefits is paid to employees who do not meet the length of service
      requirement of subclause (4), provided the conditions of the Act on
      Sickness Benefits are met.
 8.   The above-mentioned provisions do not apply to employees
      covered by an agreement concluded between the employer and
      employees pursuant to the provisions of the Act on Sickness
      Benefit on long-term and chronic illness (section 56).
 9.   After completing their traineeship, trainees who continue
      employment with the same enterprise are considered to have
      accrued six months’ service.
10.   These provisions cannot be invoked in any legal action brought
      against an employer which includes a claim for full compensation
      for lost earnings.


Clause 34        Sick children


 1.   Employees and trainees are entitled to time off whenever this is
      required to take care of their own child/children below the age of 14
      during periods of sickness at home.
 2.   Time of is granted to one parent only and only during the child’s first
      day of sickness.
 3.   The hourly payment is as follows from the start of the pay week that
      includes:
      1 March 2007 ....................................................................DKK 124.00
      1 March 2008 …………………………... ...........................DKK 127.00

                                                                                            35
     1 March 2009 ....................................................................DKK 130.00
4.   The documentation required by the enterprise must be available.


Clause 35       Hospitalised children


1.   Employees and employees on training courses are allowed time off
     when necessary for them to be hospitalised with their child. This
     rule applies only to children below the age of 14.
2.   Time off is allowed for one custodial parent only for a maximum
     period of one week in total per child within a 12-month period.
3.   The employee must produce documentation of such hospitalisation
     on request.
4.   The hourly payment is as follows from the start of the pay week that
     includes:
     1 March 2007 ....................................................................DKK 124,00
     1 March 2008 …………………………... ...........................DKK 127,00
     1 March 2009 ....................................................................DKK 130,00


Clause 36       Maternity provisions


1.   Employees with a length of service on the anticipated date of
     confinement of six months within the most recent 18 months
     receive pay during absence from work in connection with childbirth
     for a period of four weeks before the anticipated date of
     confinement and up to 14 weeks after the confinement (pregnancy
     leave/maternity leave).
2.   Adoptive parents receive pay during maternity leave for 14 weeks
     from receipt of the child.
3.   The pay equals the pay the employee would have received during
     the period concerned up to the following hourly maximum from the
     start of the pay week that includes
     1 March 2007 ...................................................................DKK 124.00
     1March 2008 ....................................................................DKK 127.00
     1 March 2009 ....................................................................DKK 130.00

36
     The amounts includes the statutory maximum benefit rate.
4.   Fathers receive pay for up to two weeks during paternity leave
     subject to the same conditions.
5.   The enterprise pays wages during absence for up to nine weeks in
     immediate continuation of the 14-week maternity leave. Payment
     during these nine weeks equals the pay the employee would have
     received during the period concerned; however, from the start of
     the pay week that includes 1 March 2007 up to an hourly maximum
     of DKK 124.00 and from the start of the pay week that includes 1
     March 2008 up to an hourly maximum of DKK 127.00 and from the
     start of the pay week that includes 1 March 2009 up to an hourly
     maximum of DKK 130.00.
     Out of these nine weeks, each parent is entitled to payment for
     three weeks.
     Payment ceases if the leave reserved for the individual parent is not
     taken. The payment for the remaining three weeks is granted to
     either the father or the mother. The payment is conditional on the
     enterprise qualifying for a refund equal to the maximum benefit rate.
     If the refund amounts to less, the payment to the employee is
     reduced correspondingly. These changes apply to parental leave
     starting on or after 1 July 2007.
6.   During the 14 weeks of maternity leave, an extra pension
     contribution is payable to employees whose length of service
     amounts to six months at the expected time of birth.
7.   The hourly pension contribution is as follows, from the start of the
     pay week that includes:
     1 July 2007 ...........................................................................DKK 7.50
     1 July 2008 .......................................................................... DKK 7.80
     1 July 2009 .......................................................................... DKK 8.25
     The employer pays two-thirds and the employee one-third.


Clause 37       Compassionate leave


     Employees hired according to this collective agreement are entitled
     to time off to care for close relatives who are seriously ill.


                                                                                               37
Clause 38       Social provisions


1.   Agreements on pay and working hours that deviate from the
     provisions of the collective agreement may be concluded for
     employees with reduced working capacity.
2.   Upon signature, such agreements are subject to approval by the
     local branch.
3.   It is recommended to use the contract of employment prepared by
     the organisations pursuant to the social chapters or a similar
     contract that meets the same conditions. See appendix 4, page
     107.
4.   Disagreements regarding contracts of employment can be settled
     by the Industrial Disputes Procedure according to the same rules as
     apply to other contracts of employment.
5.   Complaints concerning abuse of this provision may be lodged
     under the Industrial Disputes Procedure.


Clause 39       Senior agreement


     The enterprise and the employee may conclude a senior agreement
     to take effect from the pay period during which the employee
     reaches the age of 60, on the following terms:
Working hours
1. Working hours are reduced to 30 hours per week. However, for
    employees with a flexible early retirement benefit agreement,
    weekly working hours amount to 29. Working hours must be
    scheduled with due regard for the interests of both parties.
2.   Working hours beyond the agreed working hours are payable at the
     overtime rate applicable to the employee concerned according to
     the collective agreement.
3.   By way of compensation for the reduction in weekly working hours
     from 37 to 30 (or 29, as the case may be), the minimum hourly rate
     of pay for working hours performed is as follows from the start of
     the pay week that includes
     1 March 2007 ....................................................................DKK 114.84

38
     1 March 2008 ....................................................................DKK 117.59
     1 March 2009 ....................................................................DKK 120.34
4.   The contract of employment prepared by the organisations
     concerned must be used. The contract of employment must state
     any deviations from the rules that apply according to the collective
     agreement.
5.   Disagreements about the contract of employment and the
     employment in general can be dealt with under the Industrial
     Disputes Procedure according to the rules in force.
Job security
 6. The period of notice to be given by the enterprise is extended by
    two weeks and the period of notice to be given by the employee is
    extended by one week for employees with a minimum of three
    years’ service in the enterprise.
7.   The collective agreement’s general termination of employment rules
     for piecework apply to employees doing piecework.
8.   Employees cannot be given notice of termination in connection with
     documented sickness during the first three months of the sickness
     period, after which period employees can be given notice with the
     period of notice stated in the collective agreement and the above
     senior agreement.




                                                                                           39
                         Chapter 10
            Holiday and public holiday provisions

Clause 40    Holiday entitlement


1.   Employees are entitled to 2.08 days of holiday for each month of
     employment in a calendar year.
2.   Holiday entitlement for less than one month’s employment is also
     calculated relative to the length of service.
3.   Calculation of number of holidays includes periods of absence
     during which the enterprise pays sickness holiday allowance and
     during which the enterprise pays wages according to the collective
     agreement in connection with sickness, childbirth/adoption,
     continuing education and training, days off according to the
     collective agreement and child’s first day of sickness.
4.   Holidays must be taken as whole days, so the calculation of
     holidays is rounded up or down to the next whole number of days.
5.   Where an employee has not earned his full holiday entitlement (25
     days off) with holiday allowance or pay, the employee is entitled to
     take the full number of holidays. However, the employee is not
     entitled to holiday allowance or pay in respect of the supplementary
     holidays taken.


Clause 41    Taking of holidays


1.   Holidays must be taken in the year following the holiday qualifying
     year, which runs from 1 May to 30 April (the ’holiday year’).
2.   Holidays commence at the beginning of normal working hours on
     the first day off and ends at the end of working hours on the last
     day off.
3.   If holidays are taken in whole weeks, the holiday ends at the
     beginning of normal working hours on the first normal working day
     after the end of the holiday.




40
Main holiday
4. Employees must take a minimum of 15 days consecutively – the
    main holiday – during the period 1 May to 30 September (holiday
    period).
 5.   If the employee has earned less than 15 days’ of holiday, the entire
      holiday earned is the main holiday.
 6.   It may be agreed at local level that the main holiday must be taken
      consecutively outside the holiday period. However, not less than 10
      days must be taken consecutively.
Residual holiday entitlement
7. Any remaining holidays (residual holiday entitlement) must be taken
    consecutively, consisting of not less than five weekdays, but may
    be taken outside the holiday period. If the remaining holidays
    amount to less than five days, these days must be taken
    consecutively. Where operational considerations at the enterprise
    make it desirable, any remaining holidays may be taken as single
    days of leave.
Timing of holidays
8. Subject to negotiations with the employees, the enterprise may
    stipulate when holidays are to be taken.
 9.   The preferences of the employees regarding holiday timing must be
      accommodated as much as possible, including the wish for the
      main holiday to be taken at the time of the school summer holiday
      of the children of employees.
10.   The enterprise must notify the employees as soon as possible
      about the time when holidays are to be taken, but the main holiday
      must be notified not later than three months before it is to
      commence. The remaining holidays must be notified not later than
      one month before they are to commence, unless prevented by
      special circumstances.
Change of holidays
11. The enterprise may change previously scheduled holidays if
    rendered necessary by important, unpredictable operational
    considerations.
12.   The employees must be compensated for any financial losses as a
      result of the postponement.
13.   Holidays already commenced cannot be postponed.



                                                                       41
Collective holiday closing
14. If an enterprise is closed during holidays, employees who are not
     entitled to holidays throughout the entire closure period cannot
     claim special compensation due to the closure.
Collective holiday closing between Christmas and New Year
15. Where an enterprise is closed on working days between Christmas
     and New Year, the enterprise must order employees having earned
     more than 15 days of holiday to take holidays during such working
     days, see the provisions on the timing of holidays.
16.   If the enterprise fails to order employees to take holidays between
      Christmas and New Year, the enterprise must pay wages to the
      employees for the days concerned.
17.   The wages must be calculated on the basis of the usual wages
      earned by the employees in the four weeks prior to Christmas.


Clause 42     Sickness and holidays


 1.   If an employee is sick when holidays commence, the employee has
      no obligation to commence his holidays, and any holidays can be
      postponed. The employee must notify sickness to the enterprise in
      the usual manner.
      When the employee notifies the enterprise of fitness to return to
      work, he must inform the enterprise of whether he wishes to
      commence the holiday. If the employee does not wish to
      commence the holiday, he must notify the enterprise again of
      intended holidays.
Notification of fitness to return to work during collective closing
2. If an employee who is absent due to sickness before the holiday
     commences, notifies the enterprise of his fitness to return to work
     during a collective holiday closing, the employee resumes work and
     may demand that his holidays are scheduled some other time.
 3.   If it is not possible to offer the employee any employment during
      such period, the holiday is considered to have commenced at the
      time of notification of fitness to return to work, unless otherwise
      agreed.
 4.   The holiday which the employee was prevented from taking due to
      sickness must be taken in continuation of the holiday originally
      notified, unless otherwise agreed.
42
Clause 43    Transfer of holidays


1.   Subject to local agreement, holidays earned and not taken in
     excess of 20 days are transferred to the following holiday year.
2.   No more than 10 days of holiday may be transferred, and all
     holidays must be taken not later than in the second holiday year
     after the transfer.
3.   A written agreement must be entered into before expiry of the
     holiday year and may not comprise more days that earned by the
     employee in the enterprise.
4.   The organisations must jointly draw up a form to be used for
     transfer of holiday agreements.
5.   If an employee, having transferred holidays, resigns from work
     before all holidays have been taken, holiday allowance is paid for
     holidays in excess of 25 days in connection with the resignation.
6.   If, as a result of own sickness, maternity leave, leave in connection
     with adoption or other leave of absence, an employee is prevented
     from taking holidays, the employee and the employer may agree to
     transfer the holiday to the following year. Such transfer of holidays
     may be agreed upon regardless of any other number of holidays
     transferred. The agreement must be entered into according to the
     same rules as stated above.
7.   The enterprise cannot order an employee to take holidays
     corresponding to the length of transferred holidays during a period
     of notice unless, according to agreement, see above, the holidays
     are already scheduled to take place during the period of notice.


Clause 44    Holiday allowance


1.   Holiday allowance is calculated at 12.5% of total wages in the
     holiday qualifying year.
2.   Holiday allowance is calculated by the enterprise of all taxable
     wages and employee benefits, in respect of which no deduction in
     income is granted and which constitute payment for work during
     employment.



                                                                       43
Calculation of holiday allowance during sickness
3. The enterprise also pays holiday allowance for the periods during
    which the employee was absent due to sickness or injury in the
    holiday qualifying year.
 4.   Holiday allowance during sickness amounts to 12.5% of the sick
      pay according to the collective agreement which the employee
      received in the holiday qualifying year.
 5.   Sickness holiday allowance for periods of absence due to sickness,
      during which the employee did not receive sick pay, constitutes a
      fixed amount per working day, see agreement of 1 December 1972
      between the Confederation of Danish Employers and the Danish
      Confederation of Trade Unions.
      The amount is subject to adjustment on commencement of each
      calendar year.
 6.   Holiday allowance during sickness for the holiday qualifying year
      2007 is payable at the following amounts per working day:
                                Copenhagen        Regional districts
      Skilled workers           DKK 159.00        DKK 146.90
      Unskilled workers         DKK 145.15        DKK 141.30
      The amounts fixed are per working day and payment is based on a
      five-day week.
 7.   The fixed ”øre”-amounts for employees working part-time are
      calculated as a proportion between the agreed weekly working
      hours and 37 hours.
 8.   Holiday allowance during sickness is granted for a maximum of four
      months in aggregate in any holiday qualifying year and for a
      maximum of four months due to the same illness or injury.
 9.   Employees covered by a section 28 agreement and employees who
      do not receive sick pay according to the collective agreement on re-
      employment receive holiday allowance during sickness for absence
      in excess of three days.
10.   The holiday allowance entitlement during sickness for the periods in
      which the employee has not received sick pay is conditional on the
      employee having been in the employment of the enterprise for no
      less than 12 months prior to the sickness. This period includes
      employment with the enterprise within the past 24 months, if the
      discharge was caused by circumstances beyond the control of the
      employee.
44
11.   However, the said holiday allowance during sickness is always paid
      for up to four months in case of injury suffered at the enterprise,
      regardless of the above-mentioned requirement for a length of
      service of 12 months.
12.   Demand for payment of holiday allowance during sickness
      according to the above provision must be documented by valid
      medical certificate.


Clause 45     Holiday card scheme


 1.   The enterprise must issue a holiday card to the employee for the
      past holiday qualifying year not later than on 15 February.
 2.   The holiday card must state the employee’s name and address,
      wages received, equivalent holiday allowance and number of
      holidays, tax-at-source deduction and amount of holiday allowance
      for each day of holiday.
      The holiday card to be used must be a holiday card approved by
      the organisations.
 3.   If the employee receives no other documentation of holiday
      allowance accrued to him, the enterprise must issue, on termination
      of employment, a statement setting out the holiday allowance and
      number of holidays accrued in favour of the employee.
 4.   Employees having received provisional statements of holiday pay
      and holiday entitlements in their favour must inform the enterprise
      concerned of any change of address.
Pay slips as holiday card
5. Where holiday cards are not used, the employee receives a
    specification of the holiday allowance at year-end setting out the
    amount of holiday allowance and number of days.
 6.   In respect of resigned employees, the specification must further
      make space available for a prospective employer to sign for the
      taking of holidays.
 7.   The pay specification must be adequate and contain the following
      information:
         Wages qualifying for holiday pay
         Pension contributions
         Social security contributions
                                                                       45
         Tax deducted from income at source
         ATP contributions
      and other common wage processing information.
 8.   In addition, the wage specification must contain relevant information
      on holiday, public holiday and special holiday allowances and
      holiday accounts.
Endorsement of holiday cards
9. When holidays are to be taken, the employee’s current enterprise
    must make an endorsement on the card about the holiday period,
    date of commencement of the holiday, number of holidays taken
    and equivalent holiday allowance.
10.   If an employee has no enterprise at the time he is to take his
      holidays, the holiday card is to be endorsed by the unemployment
      fund (if he receives benefits from an unemployment fund) or by the
      social welfare committee.
11.   If holidays are to be taken during military service, endorsement
      must be made by the military unit or relevant division of the Civil
      Defence Forces and, if serving with the civil defence service, the
      commanding officer.
Issue of holiday card for residual holiday allowance
12. If an employee does not take all his earned holidays consecutively,
     the enterprise issuing the holiday card must pay out the amount
     that equals the holidays taken and issue a new holiday card for the
     balance.


Clause 46     Payment of holiday allowance


 1.   The employee is entitled to holiday allowance from the enterprises
      at which he was formerly employed against handing in a holiday
      card issued by the enterprise.
 2.   Holiday allowance is payable not later than one month before the
      holidays commence, providing the employee has submitted a duly
      completed and endorsed holiday card in due time.
Payment of holiday allowance without holidays being taken
3. Holiday allowance is paid without holidays being taken in one of the
    following situations:


46
Employee leaves the labour market
4. Holiday allowance for previous and current qualifying years is paid
   to the employee if he leaves the labour market for age or health
   reasons, or if the employee resigns in connection with moving
   abroad and deregisters from the Central Office of Civil Registration.
Holiday pay of DKK 500 or less on resignation
5. Holiday allowance may be paid out by the enterprise to employees
     on resignation if it amounts to DKK 500 or less after deduction of
     tax and social security contribution.
     The enterprise cannot pay out holiday allowance according to the
     provisions of this paragraph to the same employee more than twice
     within the same holiday qualifying year.
Holiday pay earned totals DKK 1,000
6. Holiday allowance for a qualifying year is paid out to the employee
     on commencement of the holiday year whether or not holidays are
     taken when the amount is DKK 1,000 or less after deduction of tax
     and social security contribution.
     When an employee wishes holiday allowance to be paid out to him
     without holidays being taken, see above, the employee must sign
     the holiday card and submit it to the enterprise together with
     documentation that the conditions for payment of holiday allowance
     are fulfilled.
Employee unable to take holidays
7. Employees being wholly or partly precluded from taking holidays
   due to military service, sickness, childbirth, stays abroad,
   incarceration in a prison institution or other involuntary detainment,
   transition to status as self-employed or to working at the home, may
   withdraw their holiday allowance without taking holidays, after
   expiry of the holiday period, but before expiry of the holiday year.
Death
8. In the event of death, the holiday pay accrues to the estate of the
    deceased.
     Prior to payment of holiday allowance, the holiday card must be
     endorsed to the effect that the employee qualifies according to one
     of the above-mentioned situations.




                                                                      47
Clause 47      Payment of holiday allowance on expiry of the holiday
year


Employees who have not claimed all their holiday allowance by the
expiry of the holiday year (30 April) are entitled to have the remaining
allowance paid out in the following situations:
Holiday allowance of less than DKK 1,500
1. If the unclaimed holiday allowance, holiday with pay or any holiday
     bonus amounts to less than DKK 1,500 after deduction of tax and
     social security contribution, the enterprise pays the holiday
     allowance on expiry of the holiday year (30 April).
       The above-mentioned amounts are paid to the employee not later
       than 15 June.
Holiday allowance of less than DKK 3,000 for holidays taken
2. If the holiday allowance amounts to less than DKK 3,000 after
     deduction of tax and social security contribution for holidays taken,
     but the amount remains unclaimed by the employee on expiry of
     the holiday year (30 April), the amount must be paid by the
     enterprise upon written request of the employee on a form
     approved by the Directorate of Employment (Arbejdsdirektoratet).
Unclaimed holiday allowance for resigned employees
3. Holiday allowance remaining unclaimed by the employee on expiry
    of the holiday year and earned in the course of employment
    ceasing not later than on expiry of the holiday year (30 April), must
    be paid by the enterprise irrespective of the amount of such
    allowance upon written request of the employee on a form
    approved by the Directorate of Employment.
Holiday allowance equal to fifth holiday week
4. Holiday allowance remaining unclaimed by the employee on expiry
     of the holiday year (30 April) or holiday pay and holiday bonus
     which have not been paid out to the employee before expiry of the
     holiday year and relating to holiday earned for employment of a
     total duration in excess of 9½ months in a holiday qualifying year
     (fifth holiday week) and in respect of which no agreement on
     transfer has been made according to clause 43 of this collective
     agreement, must be paid out by the enterprise upon written request
     of the employee on a form approved by the Directorate of
     Employment.

48
Forfeiture of payment option
5. The option for payment of unclaimed holiday allowance, see
     subclauses (2), (3) and (4), is forfeited if the employee fails to make
     a written request to the enterprise for payment of the holiday
     allowance not later than 30 September after expiry of the holiday
     year, on a form approved by the Directorate of Employment. The
     unclaimed holiday allowance is then paid into holiday fund, see
     clause 49.


Clause 48     Special provisions


Holiday card trafficking and debt recovery proceedings
1. Agreements providing for the transfer of holiday cards or holiday
     entitlement statements are void, and holiday cards cannot be made
     the object of debt recovery proceedings.
Forfeiture of holiday allowance
2. Holiday allowance remaining unclaimed by 30 September after
     expiry of the holiday year in which the holidays should have been
     taken, is forfeited and accrues to the Contracting Industry Holiday
     Fund (Entreprenørfagets Feriefond), unless the employee before 30
     November after expiry of the holiday year, raises a claim for
     payment of the holiday allowance by legal proceedings, under the
     Industrial Disputes Procedure, by laying an information with the
     police or approaching the Director General of the Directorate of the
     Employment Directorate.
Waiver of holidays
3. An employee cannot by agreement waive his rights to holiday,
    holiday allowance or paid holiday.
Setting-off and withholding holiday allowance
4. The enterprise may set-off amounts against the holiday allowance
     due to the employee, if the employee has committed an unlawful
     act during his employment with the enterprise and such act has
     resulted in an overdue and documented counterclaim from the
     enterprise. Any set-off is furthermore subject to the employee
     having admitted the unlawful act or the unlawful act having been
     established by legal decision.
     The enterprise may withhold an amount equal to the counterclaim
     until the case has been decided, if the enterprise has instituted civil

                                                                          49
     proceedings or proceedings according to the Industrial Disputes
     Procedure, laid an information against the employee with the police
     or if the employee has been charged with an offence.
Work during holidays
5. If an employee undertakes work against payment during holidays,
    the Director General of the of the Directorate of Employment may
    demand that holiday allowance, holiday pay and holiday bonus
    owed to the employee for all or part of the holidays be paid into the
    holiday fund.
Disagreements
6. Disagreements regarding the rules on holidays, holiday cards and
    holiday fund must be dealt with under the industrial disputes
    procedure in force.
Holiday pay guarantee
7. The two sides agree that holiday payments are part of the wages of
     the employee in question, and if requests for payment of holiday
     allowance prove unsuccessful, the Danish Construction Association
     guarantees payment of holiday allowance.
     However, this applies only to amounts earned up to 14 days after
     the time when, by registered post, the Danish Construction
     Association notifies the union that membership has ceased or
     bankruptcy occurred.
     Payment is made to the United Federation of Danish Workers when
     the Danish Construction Association receives an overdue claim
     from the Federation – holiday card or documentation for the
     earnings. The Federation then settles holiday payments to its
     member(s).
     Where the Danish Construction Association makes holiday
     payments, the United Federation of Danish Workers undertakes, on
     behalf of its members, to assign the claim concerned to the
     Construction Association.


Clause 49    Industrial holiday fund


1.   In order to allow an increasing number of the members of the
     United Federation of Danish Workers to spend their holidays in


50
     holiday cottages, the organisations concerned have established the
     Building Industry Holiday Fund.
     Holiday allowance that remains unclaimed by expiry of the holiday
     year within which holidays should have been taken goes towards
     financing the holiday funds.
2.   The Danish Construction Association’s members are under an
     obligation to pay unclaimed holiday allowance to the Danish
     Construction Association not later than 30 September.
     The United Federation of Danish Workers may demand that spot
     checks of payments be made by a state-authorised public
     accountant at the Federation’s own expense.
     The Danish Construction Association must transfer the payments
     received to the Building Industry Holiday Fund not later than 30
     October.


Clause 50    Public holiday payments


Accumulation of public holiday payments
1. From the start of the pay week that includes 1 March 2007, public
    holiday and special holiday payments amount to 6.25% of the
    employee’s holiday qualifying pay, including sick pay according to
    the collective agreement.
     From the start of the pay week that includes 1 March 2008, public
     holiday and special holiday payments amount to 6.65% and from
     the start of the pay week that includes 1 March 2009, public holiday
     and special holiday payments amount to 6.90%.
     The amount includes holiday allowance on public holiday and
     special holiday payments.
Payment
2. Amounts accumulated are paid out partly by advance payments in
    connection with each public holiday and special holiday and partly
    by payment of the balance.
Advance
3. Advance payments per day amount to:
     DKK 850 for adult workers
     The following days count as public holidays:
                                                                        51
     New Year’s Day, Maundy Thursday, Good Friday, Easter Monday,
     Whit Monday, Common Prayer Day, Ascension Day, Christmas
     Day, Boxing Day and Constitution Day.
     Advance payments are made for public holidays falling on, for
     example, Saturdays off or weekdays off, but not for public holidays
     falling on Sundays.
     The enterprise and the employee may agree on advance payments
     other than those mentioned above.
Payment of amounts in advance
4. Advance payments are made together with the wages for the pay
    period in which the public holiday(s) or special holiday(s) fall(s).
     If holidays or closure prevents payment at this time, payment must
     be made on the first successive pay day.
Right to advance payments
5. From their first day of employment, employees qualify for the
    accumulated amounts mentioned in subclause (1) and the advance
    payments mentioned in subclause (3).
     As regards special holidays, advance payments can never exceed
     the amount deposited at any time in the public holiday/special
     holiday account.
     As regards public holidays, there is assumed to be cover for setting
     the amounts off against any wages owed, if the employee resigns.
Balance
6. The public holiday and the special holiday account is made up each
                                                                     nd
    year together with completion of the payroll accounts for the 52
    wage week and the tax statement.
     Any surplus on the account is payable not later than on the first pay
     day in January, unless the employee has made a request before 30
     November that the balance – or part thereof – be paid as an
     extraordinary pension contribution.
     Advance payments for 1 January are included under the public
     holiday and special holiday account for the preceding calendar
     year.
     Any deficit on the account constitutes debt to the enterprise which
     may set off against wages owed.


52
Resignation
7. Any surplus or deficit on the account is settled at the time an
    employee resigns from the enterprise.
Work on public holidays
8. Employees required to work on a public holiday qualify for the
    above-mentioned advance payments in addition to the payments
    laid down in the collective agreement.
Death
9. In the event of death, accumulated public holiday and special
    holiday payments accrue to the estate of the deceased.
Guarantee
10. The Danish Construction Association guarantees payment of public
    holiday and special holiday pay according to the same rules as
    apply to holiday allowance, providing only public holiday and/or
    special holiday payments are owed to the employee on his
    resignation.


Clause 51     Holiday and public holiday provisions for employees
posted abroad


 1.   With effect as of the 2008 holiday qualifying year, the provisions of
      clauses 40 and 49 do not apply to employees posted abroad, that
      is, employees who usually perform their work in a country other
      than Denmark but are working temporarily in Denmark, see Act no.
      849 of 21 July 2006 on expatriate employees (Lov nr. 849 af 21. juli
      2006 om udstationering af lønmodtagere).
 2.   As of the same time, the BAT Cartel unions will set up a joint
      holiday and public holiday fund to administer holiday and holiday
      pay, special holiday and public holiday pay for expatriate
      employees.
 3.   The provisions governing the holiday and public holiday fund must
      correspond to those of the Holiday Fund of the Wood, Industry and
      Building Workers’ Union in Denmark (Forbundet Træ-Industri-Byg i
      Danmark) subject to the necessary editorial adjustments.
      The parties to the collective agreement must agree on the detailed
      guidelines for setting up and administering the holiday and public
      holiday fund before 1 October 2007.

                                                                        53
                            Chapter 11
                            Cooperation

Clause 52    Shop steward rules


Election of shop stewards
1. At all workplaces or enterprises with at least five employees, the
     employees must elect from among themselves a shop steward to
     represent them in their relations with the enterprise or its
     representative. If the number of employees at a workplace or
     enterprise where a shop steward has been elected is reduced to
     four or less, the position of shop steward ceases, unless both
     parties desire the position to be continued. At workplaces with four
     employees or less, no shop steward is elected, unless both parties
     so desire. An employee may only participate in the election of one
     shop steward at the same workplace or enterprise and is not
     included in the basis for election of more than one shop steward.
     The election period for a shop steward is a maximum of two years.
     Shop stewards are eligible for re-election.
Eligibility
2. The shop steward must be elected from among employees of
     acknowledged ability.
Election rules
3. The election of a shop steward must be scheduled to enable all
     employees at the workplace or enterprise at the time of the election
     to participate. The election is not valid until the result has been
     communicated in writing to the enterprise, which is entitled to
     contest it.
Spokesman
4. Where a shop steward is absent on account of sickness, holiday,
    participation in a course or the like, a spokesman is appointed to
    act as substitute for the shop steward. The appointment is not valid
    until communicated in writing to the enterprise. A spokesman thus
    appointed enjoys the same protection as the elected shop steward
    for as long as his services are needed, provided that he is eligible
    for election as shop steward under the provisions set out above.



54
Shop steward duties
5. It is the duty of the shop steward to his organisation and the
    enterprise to do his best to maintain and promote good relations
    between the parties at the workplace. However, in carrying out the
    duties laid upon him, he may not unduly neglect his work, nor may
    joint shelter meetings – wherever possible – be held during working
    hours. The shop steward’s activities may not involve the enterprise
    in any liability for expenses, unless as an immediate result of
    instructions given by the enterprise.
Shop steward tasks
6. If requested by one or several of his colleagues, the shop steward
    must submit complaints or proposals to the enterprise on their
    behalf, provided that the matter cannot be settled satisfactorily by
    the representative of the enterprise at the workplace. Where the
    enterprise, or its representative, and the employees concerned
    cannot reach agreement in negotiations under the general
    provisions of the collective agreement regarding payment for work,
    the shop steward may be called on to participate in the
    negotiations. Where such negotiations fail to produce a satisfactory
    result, the shop steward is free to ask his organisation to deal with
    the matter, but the shop steward and his colleagues are under an
    obligation to proceed with their work while the organisations are
    considering the matter.
Dismissal of shop stewards
7. Like any other employee, the shop steward can be dismissed by
    the enterprise, but the enterprise must realise that the nature of the
    relationship prevents taking such a step, unless there are
    compelling reasons. Likewise, it is self-evident that the fact that an
    employee holds the position of shop steward should not in any way
    impair his employment status. Reference is also made to clause 8
    of the Basic Agreement.


Clause 53    Safety representatives


1.   Safety representatives are elected according to the relevant
     statutory provisions.
2.   Employees having been enrolled for the occupational health and
     safety training course must have commenced the training within
     one month of their enrolment.
                                                                       55
Supplementary two-day occupational health and safety course
3. Employees having acquired the occupational health and safety
    training certificate during their traineeship are entitled to a
    supplementary two-day occupational health and safety course
    within five years of completing their traineeship.
4.   Employees having taken the occupational health and safety training
     course during their traineeship and who are elected safety
     representatives must be enrolled for the supplementary two-day
     occupational health and safety course.
5.   Employees enrolled for the supplementary two-day occupational
     health and safety course must have commenced the training within
     one month of their enrolment.
6.   The employer pays full wages to employees participating in the
     supplementary two-day occupational health and safety course.
7.   Trainees cannot be elected safety representatives during their
     traineeship.


Clause 54    Cooperation


Consultation committee
1. Enterprises with an average workforce of 35 employees over the
    past year may set up a consultation committee if proposed by either
    the management or a majority of the employees.
2.   If the number of employees fall below 35, the management or a
     majority of the employees can demand that the consultation
     committee be abolished at one year’s notice.
3.   Even though, according to the provisions of the Cooperation
     Agreement between the Confederation of Danish Employers and
     the Danish Confederation of Trade Unions, several consultation
     committees may be set up within the same corporate group, the
     parties agree that, subject to agreement between the management
     and the employee representatives, one group consultation
     committee may be set up as the only consultation committee within
     the group.
4.   If the group has a senior shop steward, the senior shop steward is
     ex-officio deputy chairman of the group consultation committee. If
     the group has no senior shop steward, the deputy chairman of the


56
     group consultation committee must be elected from among the
     shop stewards in the group.
Joint consultation council
 5. The Danish Construction Association and the unions of the BAT
     Cartel have set up a joint consultation council.
6.   The joint consultation council is tasked with handling information
     and advisory services for enterprise managements, employees and
     consultation committees to promote cooperation.
7.   The joint consultation council will consider issues relating to breach
     of the cooperation agreement and will seek a solution before the
     issue is referred to the Cooperation Board set up between the
     Confederation of Danish Employers and the Danish Confederation
     of Trade Unions.


Clause 55    Cooperation and working environment


Effective 1 October 2007, a contribution of DKK 0.20 per working hour is
collected for employees covered by the collective agreement, see the
protocol, page 93.




                                                                        57
                          Chapter 12
                     Education and training

Clause 56    Building and Construction Industry Development Fund


Purpose
1. The organisations shall set up the Building and Construction
    Industry Development Fund, whose purpose is to make grants to
    employees participating in continuing and further education and
    training.
2.   Contributions to the Building and Construction Industry Education
     and Training Fund, see clause 59, form part of the Building and
     Construction Industry Development Fund.
Time off for education and training
3. After three months’ employment, subject to agreement with the
    enterprise, employees are entitled to participate in education and
    training of their own choice of up to two weeks’ (ten working days’)
    duration.
     The education and training must be relevant to employment within
     the scope of cover of the collective agreement.
4.   Education and training can include participation in individual skills
     assessments in relation to relevant vocational training and labour
     market training courses within the scope of the collective
     agreement. On the basis of the skills assessment, a personal
     education and training plan will be drawn up and, subject to
     agreement with the enterprise, the employee will be entitled to
     participate in education and training according to the education and
     training plan.
5.   In connection with change of job to another enterprise covered by
     the collective agreement, the employee may participate in
     education and training in accordance with his personal education
     and training plan with due regard for the operations of the
     enterprise.
Use of funds
6. The fund money may be used for:
        Skills assessment

58
         General and vocational continuing and further education and
          training
         Improving reading, spelling and arithmetic skills.
         Campaigns focusing on education and training planning in
          enterprises
Contribution
7. Effective 1 January 2008, the enterprise must contribute DKK 260
    per employee per year. As of 1 January 2009, the amount will
    increase to DKK 520 per year. The contribution is converted into an
    amount per working hour.
Management and administration
8. The organisations must set up or join an administration company to
   administer contributions paid.
      Detailed guidelines must be laid down in regulations to be drawn up
      by the parties jointly by 1 October 2007.
Application for grants
9. The fund money can be applied for from 1 January 2008.
10.   Within the fund’s financial resources, it may provide grants to wholly
      or partly cover employees’ loss of pay in connection with education
      and training (according to the same guidelines as apply to the
      existing Building and Construction Industry Education and Training
      Fund), tuition fees, travelling expenses, etc.
11.   The fund must draw up an application form detailing the guidelines
      for payments from the fund.
Disagreements
12. If the United Federation of Danish Workers or the Danish
    Construction Association finds that the provisions governing the
    Building and Construction Industry Development Fund do not work
    as intended, such issues may be the subject of discussion in the
    Executive Committee.
13.   Specific disagreements can be dealt with under the Industrial
      Disputes Procedure, see clause 63, but cannot be referred to
      industrial arbitration.
Reference is generally made to the protocol on the Building and
Construction Industry Development Fund, page 94.




                                                                         59
Clause 57    Education and training scheme


1.   An education and training fund has been set up by the two sides to
     develop the area of education and training and thereby education
     and training levels in the building and construction industry and to
     ensure the availability of adequately skilled labour for the future
     building, construction and woodworking industry, including
     developing and testing education and training not yet existing as
     basic or continuing education and training in the traditional
     educational system, and to fund the technical and continuing
     education and training committees.
     Funding is provided according to the provisions set out below:
Members of the Danish Construction Association and employees
unionised in the BAT Cartel unions:
2. The organisations must pay the amounts stipulated by the technical
    and continuing education and training committees.
Other enterprises:
3. Enterprises or organisations that are not members of the Danish
    Construction Association but are covered by one or more of the
    Danish Construction Association’s collective agreements must pay
    a quarterly amount in arrears of DKK 0.35 per working hour
    performed per employee in the enterprise.
4.   Enterprises organised under the Danish Employers’ Confederation
     or the Cooperation (Kooperationen) need not pay the above-
     mentioned contribution. Reference is made to the separate protocol
     on setting up and operating the education and training fund.


Clause 58    Bricklayer’s labourer training


     In connection with the 2007 collective bargaining, training as a
     bricklayer’s labourer according to the contractual basis dated 24
     February 2003 was incorporated into the collective agreement.




60
Clause 59     Education and training fund


Bricklayers’ labourers:
1. The parties to the collective agreement have set up an education
     and training fund to develop education and education and training
     levels in the building and construction industry aimed specifically at
     providing the future building and construction industry with
     adequately skilled labour, including developing and testing
     education and training not yet existing as basic or continuing
     education and training in the traditional educational system.
2.   Funding is provided by the enterprises covered by the collective
     agreement contributing an amount of DKK 0.20 per hour per
     employee in the enterprises.
3.   The parties have agreed to amend the regulations of the fund in
     order to enable enterprises to apply for continuing education and
     training grants for their employees.
4.   The term of the fund follows that of the collective agreement,
     always provided that the fund may be terminated by either party at
     six months’ notice for separate discontinuation at the end of the
     term of a collective agreement, but not earlier than on 1 March
     2010.


Clause 60     Education and Training Fund of the Confederation of
Danish Employers/The Danish Confederation of Trade Unions


     DKK 28.5 øre per working hour is collected for the Education and
     Training Fund of the Confederation of Danish Employers /The
     Danish Confederation of Trade Unions. As of 1 January 2008, the
     contribution increases to DKK 0.31 per working hour performed.




                                                                        61
                     Chapter 13
       Employment and termination of employment

Clause 61    Employment


1.   An employee hired for work cannot be paid less than a full day’s
     pay.
2.   The enterprise must endeavour to hire all employees effective as of
     the beginning of the working day on Mondays.


Clause 62    Termination of employment


Discontinuation of employment
1. Time work can normally only be terminated to expire at the end of a
    working day, and the employee must be notified thereof at least two
    working days in advance (see also subclause (3). Outstanding time
    wages are payable on the next pay day.
2.   Employees suffering injury through no fault of their own during the
     performance of work for the enterprise, including occupational
     sickness that is clearly a result of working for the enterprise
     concerned, cannot be dismissed within the initial eight weeks of the
     period during which the employee concerned is verifiably incapable
     of work as a result of injury.
Lapse of notice periods
3. Notice periods from the employer lapse in the event that normal
    performance of the work is prevented or obstructed by the work
    stoppage or lockout of other employees.
Outstanding wages note
4. On termination of employment by the employer or his
    representative, employees must receive documentation of the
    number of time work or piecework hours they have performed, for
    example, by way of weekly pay sheets whether or not they have
    done piecework or time work.
5.   Employees temporarily laid off during a piecework contract are
     under no obligation to return and complete the piecework contract if


62
other work is commenced during the lay-off period and the
enterprise has been notified thereof.
The above-mentioned provisions generally apply to temporary lay-
off pursuant to the collective agreement.




                                                               63
                            Chapter 14
                  Industrial disputes procedure

Clause 63     Industrial disputes


Local negotiations
1. Disagreements of an industrial nature and within the scope of the
    collective agreement can be resolved at local level between the
    parties at the enterprise or workplace.
 2.   If desired by the employees or the enterprise, a representative of
      the organisations may assist in the negotiations.
 3.   If the parties fail to reach agreement through local negotiations, the
      matter may be dealt with at a local conciliation meeting.
Local conciliation
4. Local conciliation means conciliation by representatives of the
    Danish Construction Association and the local trade organisation
    branches in each town or area.
 5.   In any case, a conciliation meeting must be held if requested by
      either party.
 6.   All disagreements between individual enterprises and their
      employees regarding payment and other mutual relations pursuant
      to this collective agreement and the related piece rate lists and
      other mutual agreements between the organisations must be
      referred to local conciliation.
 7.   A conciliation committee must be set up consisting of four
      members, two of whom are appointed by the Danish Construction
      Association and the other two by the trade union.
 8.   The respective organisations must arrange for alternate conciliation
      committee representatives.
 9.   As a main rule, conciliation committee members are elected by and
      from among the parties’ local representatives.
10.   One conciliation committee member and one alternate must be
      skilled in the trade in question or, as regards the United Federation
      of Danish Workers, must be familiar with the trade.
11.   A conciliator who is a direct party to a dispute must vacate his seat
      on the committee during the conciliation procedure and be replaced

64
      by an alternate. Matters subject to conciliation must be referred to
      and considered by the Danish Construction Association/the trade
      union in whose geographical area the workplace in question is
      situated.
12.   When a trade union/the Danish Construction Association requests
      that a dispute be referred to the conciliation committee on behalf of
      a member, the request must be made in writing and forwarded to
      the counterparty local organisation stating the issue(s) in dispute.
      The recipient must acknowledge receipt of the request for
      conciliation within five working days to trade union/the Danish
      Construction Association.
13.   The trade union/the Danish Construction Association that duly
      makes a request for conciliation can claim that the committee be
      convened to consider the matter within ten working days of the
      counterparty’s receipt of the request.
14.   If the committee’s employer or employee representatives request
      the committee to inspect the work in dispute before the dispute is
      considered, the committee must meet the request.
15.   For the purpose of the conciliation, the respective trade union/the
      Danish Construction Association summons the parties to the
      dispute or their representatives to open and present the case. The
      committee can claim that all details of significance for the procedure
      be presented.
16.   A committee representative of the Danish Construction Association
      presides over the meeting and keeps minutes. The representative
      also ensures that the committee’s negotiations are conducted
      without any third-party interference. If the committee agrees on a
      decision, the decision is binding, final and conclusive. The minutes
      must be signed by all conciliation committee members.
17.   If the dispute is not resolved by local conciliation, the parties can
      demand that it be heard by the arbitration tribunal set up by the
      undersigned organisations. Conciliation between the organisations
      may be undertaken subject to agreement between the parties and
      subject to the matter being submitted to the counterparty
      organisation not later than two months after the local conciliation
      meeting was held.
Conciliation at organisation level
18. If local conciliation fails, attempts may be made to settle any
    dispute reported to the organisations, see subclause (14), through

                                                                         65
      conciliation between one representative of the Danish Construction
      Association and one representative of the counterparty unions. The
      counterparty organisation must confirm receipt of the request for
      conciliation within seven working days.
19.   Conciliation is undertaken at the place where the dispute arose,
      unless the parties agree to disregard this provision. The conciliation
      is presided over by the representative of the Danish Construction
      Association. The parties may be summoned. If the two
      representatives agree on a decision in the matter, such decision is
      binding, final and conclusive. Failing agreement, the dispute may
      be referred to arbitration. Any request to refer the dispute to
      arbitration must be submitted to the counterparty organisation not
      later than two months after the conciliation at organisation level.
Adaptation negotiations according to clause 3
20. If the Federation establishes the existence of circumstances giving
    it reason assume that the provisions of the collective agreement are
    not being complied with, for example, if the Federation has
    attempted in vain to get in contact with the enterprise, the
    enterprise must prove compliance with the provisions of the
    collective agreement to the Danish Construction Association.
      Upon request, the Danish Construction Association must present
      documentation to the Federation.
      If during the negotiations, it is established that the provisions of the
      collective agreement are complied with, the matter will be closed.
      If during the negotiations, it is established that the provisions of the
      collective agreement have not been complied with, the Danish
      Construction Association must contact the enterprise, requiring it to
      rectify the situation. The Danish Construction Association must
      send a copy of its communication to the Federation. Failing early
      rectification, the Federation may bring the matter before the
      Industrial Court.
Arbitration
21. No disagreement may lead to work stoppage, but in the event it
     cannot be resolved by local conciliation, conciliation at organisation
     level or negotiation between the organisations, it must be settled by
     arbitration. The deadline for referring a dispute from local
     conciliation to arbitration is two months.


66
22.   The organisations must set up an arbitration tribunal, for which the
      Danish Construction Association appoints two members and the
      counterparty union(s) two members. One employee member and
      one employer member must be skilled in the trade in question or,
      as regards the United Federation of Danish Workers, must be
      familiar with the trade. For each calendar year, the organisations
      must jointly appoint an industrial umpire for each trade, a legally
      qualified umpire and alternates, if necessary. Umpires are eligible
      for re-appointment. However, the legally qualified umpire may be
      appointed on an ad hoc basis. Industrial umpires and their
      alternates, if any, must be trained in and have thorough knowledge
      of the respective trades. Neither industrial nor legally qualified
      umpires may support themselves by the trades concerned nor be
      members of any of the interested organisations. Failing agreement
      between the organisations about the appointment of umpires or
      alternates, the President of the Industrial Court must be asked to
      appoint the umpires.
23.   Industrial issues must be considered by the industrial umpire and
      legal issues by the legally qualified umpire. Industrial issues
      normally means issues relating to piece rate lists or issues relating
      to interpretation of piece rates, and legal issues normally means
      other issues relating to the collective agreement. Failing agreement
      about whether an issue must be considered by the industrial umpire
      or the legally qualified umpire, both umpires must be called in to
      jointly hear the case on its merits and pass an award.
24.   When an organisation makes a request for consideration of a
      matter, the arbitration tribunal must convene within a time limit of
      one month. Either organisation summons its party to the matter.
25.   A representative of the Danish Construction Association convenes
      the arbitration tribunal subject to agreement with the umpire and the
      counterparty union representative(s) and presides over the
      proceedings.
26.   The matter is decided by a simple majority of votes among the four
      arbitrators. If no majority of votes is obtained, the umpire makes an
      award. If the umpire finds it expedient and if warranted by the
      subject-matter, the umpire may submit a written reasoned award.
      If the matter is decided by a simple majority of votes among the four
      arbitrators or if the umpire makes the award immediately, minutes
      of the proceedings and the award are drawn up. The minutes must
      be signed by the members of the arbitration tribunal and the

                                                                        67
      umpire. If the umpire makes a written award, the written award
      must be submitted to the Danish Construction Association and the
      respective trade union as soon as possible after the arbitration.
      Awards, whether made by a majority of votes or made by the
      umpire, are binding on the parties.
27.   If an organisation opposes settlement of a dispute by arbitration
      claiming that the dispute is not about interpretation of a collective
      agreement existing between the parties, either organisation may
      bring the question of whether such opposition is justified before the
      Industrial Court through the Confederation of Danish Employers
      and the Danish Confederation of Trade Unions.
28.   The costs of arbitration proceedings must be paid by the parties to
      the collective agreement pursuant to the agreement in force at any
      time between the parties.
Organisation negotiations
29. If the organisations agree, the matter in dispute may be considered
    at a meeting between the organisations before being referred to the
    Industrial Court or arbitration. Such meeting must be held within
    one month of the request being made, unless otherwise agreed
    upon between the parties. The notice applying to proceeding with
    the case will be extended correspondingly.
Time limits
30. If the claimant fails to observe the above-mentioned time limits, the
    claimant has lost the case and the right to proceed with the issue in
    dispute. The above provisions may only be derogated from by
    written agreement between the organisations.
Payments after conciliation and arbitration
31. Amounts due for payment after accepted conciliation or arbitration
    award, are paid in connection with the first succeeding pay day, but
    not earlier than five working days after the award and distribution
    list were sent to and received by the parties to the case.


Clause 64     Industrial Court


      In the event of an alleged breach of the collective agreement, a joint
      meeting must be held with representatives of both the
      Confederation of Danish Employers and the Danish Confederation
      of Trade Unions before an application is brought before the

68
    Industrial Court.


Clause 65    Urgent cases


    In the event of disagreement between employers and employees
    concerning the quality of the work performed, the matter may be
    brought before the Court as an urgent case. The legal procedure
    follows the time limits of the ”Standard rules for handling industrial
    disputes” (Norm for regler for behandling af faglig strid).


Clause 66    Work stoppage


    These provisions do not limit the rights of the organisations or their
    members to participate in work stoppages without prior conciliation
    or arbitration in accordance with the ”Standard rules for handling
    industrial disputes” or the ”Basic Agreement of 1973 as amended
    on 1 March 1987 and 1 October 1992 between the Danish
    Employers’ Confederation and the Danish Federation of Trade
    Unions”.




                                                                         69
                           Chapter 15
                   Furnace and refractory work

Clause 67     Furnace and refractory work


The Danish Construction Association and the United Federation of
Danish Workers agree that this chapter constitutes common work for
members of the Federation’s Building Section and that the collective
agreements for bricklaying and building and construction work,
respectively, specify the terms governing the performance of furnace
bricklaying, unless exceptions therefrom are provided for in this chapter.
Work in connection with baking ovens, steam boilers, central heating
boilers, retorts, industrial furnaces, etc., is paid for according to the rules
specified below.
The scope of the work is agreed upon before commencing the
assignment.
Normal working hours
1. Normal effective weekly working hours are 37. Weekly working
    hours are spread over the first five days of the week. Normal daily
    working hours start at 7 a.m. Two 30-minute meal breaks may be
    taken per working day.
     Meal breaks must be scheduled in agreement between the
     employees and the enterprise.
     The enterprise and the employees may agree that only one meal
     break is taken per day. Provided the enterprise and the employees
     agree and the local employer association and Federation branches
     have been notified thereof, working hours may be rescheduled
     between the hours of 6 a.m. to 6 p.m., if the daily number of
     working hours is upheld.
     Such cases exclude payment of overtime premiums.
Overtime / work on Sundays and public holidays
2. Bricklayers doing furnace bricklaying must be willing to do overtime
    when deemed necessary by the enterprise. Overtime hours are
    calculated from the end of normal working hours to the beginning of
    normal working hours. The first three overtime hours are payable at
    the minimum hourly rate of pay, excluding tool allowance, plus a
    premium of 50% and subsequent hours plus a premium of 100%.
70
    One out of these three hours can be scheduled to start immediately
    before the beginning of normal working hours. Sunday, public
    holiday and Saturday work is payable at the minimum hourly rate of
    pay, excluding tool allowance, plus a premium of 100%. During
    overtime hours, Sunday and public holiday work, employees are
    granted a 30-minute meal break for every full 3½ hours of work
    without any deduction in payment, including a 30-minute meal
    break in immediate continuation of normal working hours, provided
    the overtime demanded exceeds one hour.
Pay conditions
    From the start of the pay week that includes 1 March
    2007, the minimum hourly rate of pay amounts to ..........DKK 104.40
    Furnace bricklayer allowance per hour ............................DKK 53.93
    Minimum pay including furnace bricklayer allowance ......DKK 158.33
    From the start of the pay week that includes 1 March
    2008, the minimum rate of pay amounts to .....................DKK 106.90
    Furnace bricklayer allowance per hour ............................DKK 53.93
    Minimum pay including furnace bricklayer allowance ......DKK 160.83
    From the start of the pay week that includes 1 March
    2009, the minimum rate of pay amounts to .....................DKK 109.10
    Furnace bricklayer allowance per hour ............................DKK 53.93
    Minimum pay including furnace bricklayer allowance ......DKK 163.03
    The enterprise supplies the necessary tools. If not, tool allowance is
    payable.
    As of 1 May 2007, the hourly tool allowance amounts to .... DKK 2.36
    As of 1 March 2008, the hourly tool allowance amounts to.. DKK 2.43
    As of 1 March 2009, the hourly tool allowance amounts to..DKK 2.50
    The rate increases take effect from the pay period that includes the
    dates mentioned.
    The enterprise supplies working clothes free of charge.
    The enterprise supplies personal protective equipment in
    accordance with the Working Environment Act (Lov om
    arbejdsmiljø).
    New furnaces are built on a piecework basis. Where the relevant

                                                                           71
     rates are not specified in the piece rate list in force, negotiations
     must be conducted pursuant to the special payment agreement
     provisions of the collective agreement. Provided the parties agree,
     new furnaces may be built on a time wage basis.
Work-specific allowances
    If furnaces are heated to temperatures between 30 and 50 degrees,
    a 30% premium is payable, calculated on the basis of the minimum
    rate of pay. Other pay and working conditions are subject to written
    agreement between the enterprise and the employees, allowances,
    etc. such as, for example:
        Pneumatic hammer allowance
        Spray allowance
        Sand blasting allowance
        Asbestos allowance
        Mileage, meal and hotel expenses
        Travel expenses




72
                           Chapter 16
                         Other provisions

Clause 68    Working clothes


Working clothes
1. Twice a year the employer must provide one set of standard
    working clothes of the employer’s choice to employees with more
    than three months’ service. The working clothes must be of
    standard good quality and must be chosen with regard for the
    nature of the work in the enterprise.
2.   Working clothes may be handed out throughout the year at intervals
     decided by the enterprise.
3.   Working clothes handed out are the property of the employee and
     the employee has the duty of maintenance.
Working gloves
4. When deemed necessary, the enterprise must supply working
    gloves – and always in connection with scaffolding work.


Clause 69    Temporary work


Members of the Danish Construction Association:
1. The Danish Construction Association admits                temporary
   employment agencies as members.
2.   Employment of temporary workers in the bargaining areas of the
     Danish Contractors’ Association is covered by the collective
     agreements in force between the parties. This also includes the
     local agreements and customs which exist for the work function.
Non-members of the Danish Construction Association:
3. The parties agree that the collective agreements between the
    organisations involved cover the bargaining areas.
     All work at a member enterprise performed within the occupational
     scope of the collective agreements is covered by the collective
     agreements if performed by an employee or other person who is
     subject to the managerial authority of the member enterprise, for

                                                                     73
     example, a temporary worker as opposed to a worker sent out by a
     subcontractor and subject to the subcontractor’s managerial
     authority.
4.   The Danish Construction Association declares that the collective
     agreements apply to employees sent out by a temporary
     employment agency to work at a member enterprise within the
     occupational scope of the collective agreement for the term of the
     temporary work.
     However, this does not apply if the temporary worker is sent out
     from an agency that is covered by a collective agreement which
     applies to the work concerned through its membership of another
     organisation.
     In its agreement with the agency, the member enterprise must
     ensure that the agency possesses the necessary knowledge of
     existing collective agreements and other agreements.
5.   A temporary worker carrying out work for a temping agency at a
     member enterprise cannot be covered by the pension rules of
     Pension Danmark if the agency is a member of another member
     organisation under the umbrella of the Danish Employers’
     Confederation and thereby covered by a pension scheme according
     to a collective agreement.
Other matters:
6. A worker accumulates years of service for every temporary job
    performed which is covered by a collective agreement existing
    between the parties, according to the rules described in the
    collective agreements.
7.   The parties to the collective agreement agree that it is logical for
     temporary employees to belong to the same unions as the other
     workers employed by the requisitioning enterprise who perform
     similar work.
     The United Federation of Danish Workers declares that it is not
     expedient for temporary workers who are organised in a union
     under the umbrella of the Danish Confederation of Trade Unions to
     switch union in connection with temporary jobs of short duration.




74
Clause 70    Circumventing the collective agreement


1.   The parties agree that if, during the period after a specific job has
     started, the employment status of an employee changes from
     employed to self-employed engaged at the workplace, without other
     changes in the job conditions (the so-called ”arms and legs firms”),
     it can be considered circumvention of the collective agreement.
2.   However, it is not considered circumvention of the collective
     agreement when two or more enterprises in an actual business
     relationship conclude an agreement for a specific job, or where a
     subcontractor or specialist firm hires employees to do the job.
3.   Disagreements about whether the collective agreement is being
     circumvented must be dealt with under the Industrial Disputes
     Procedure.


Clause 71    Winter construction


General
    To enable employees to make full, productive use of their working
    hours during the period 1 October – 30 April, protective winter
    measures must be taken. The basis for these measures is as
    follows:
        Executive Order No. 995 of 6 October 2006 on Building and
         Construction Works in the Period 1 November to 31 March
         (Bekendtgørelse nr. 995 af 6. oktober 2006 om bygge- og
         anlægsarbejder i perioden 1. november til 31. marts).
        Executive Order No. 589 of 22 June 2001 on Conditions at
         Construction Sites and Similar Places of Work according to
         section 11(2) (enclosures) and section 12(1) (stationary
         workplaces) of the Working Environment Act.
        In the case of smaller building projects of a duration of more
         than three working days that are carried out in the period 1
         October – 30 April, corresponding protective winter measures
         must be taken unless manifestly unreasonable or
         inappropriate.
                                                                       75
          In the implementation of protective winter measures, a
          distinction is made between:
     a.   Seasonal protective winter measures and weather-related
          protective winter measures (not prescribed in the collective
          agreement).
             Weather-related protective winter measures are based on
              the specifications in the project normally formulated by the
              client.
             Seasonal protective winter measures are based on the
              contractor’s specifications.
     When it is evident or should be evident from the project
     description/site plan that protective winter measures must be
     implemented, the employees must be willing in return for payment
     to establish, maintain and if necessary remove both the protective
     measures stated and other seasonal protective winter measures,
     see the list of seasonal and weather-related protective winter
     measures in chapter 2 of the guideline to the executive order on
     protective winter measures (Executive Order No. 995) and section
     11(2) of the executive order on building sites (Executive Order No.
     589), according to the employer’s instructions. The obligations of
     the employees also apply to seasonal and weather-related
     protective winter measures that do not appear in the project
     description/site plan because the work is to be performed in
     accordance with the pilot scheme in section 4 of the executive order
     on protective winter measures.
     The employer supplies the necessary materials and equipment for
     effecting the specified protective winter measures.
     b.   Protective winter measures according to the collective
          agreement, that is, measures agreed between the respective
          parties to the collective agreement. These measures comprise
          those specified under the respective trades unless:
          1. The winter construction measure requirements for the
             relevant work contained in the project description/site plan
             render the below-mentioned measures superfluous, or
          2. It is established that circumstances beyond the employer’s
             control make it impossible to effect one or more of the
             measures, or
76
         3. Agreement is reached between the employer and
            employees engaged on relevant work that one or more of
            the measures may be dispensed with in the given
            circumstances, always provided that such agreement must
            not conflict with the client’s specification regarding the
            responsibility for effecting the said measures.
     Where work operations are to performed at the same location for a
     prolonged period, see section 14(1) of Executive Order No. 589,
     weather protection measures such as a suitable tent or lean-to
     must be established at the instance of the employer, or the work
     must be moved to a building or hut that as far as possible has
     daylight ingress, unless this would be manifestly unreasonable or
     inappropriate. In his own areas of work the employer must install
     artificial lighting where this is necessary for proper performance of
     the work. The employer must take steps to safeguard his own water
     supply against the consequences of frost where this is necessary
     for work performance. The employees have a duty to exercise
     maximum possible care with protective materials and equipment
     and with lighting facilities.
Bricklayers
1. The employer will supply dry bricks and make sure they are stored
     in dry conditions.
2.   On the scaffoldings, bricks and masonry must be protected against
     rain and snow at the end of work each day. The employer is
     responsible for ensuring that the relevant necessary materials are
     delivered on site. The employees are individually responsible for
     putting on and taking off the coverings on masonry, while the
     employer is responsible for putting on and taking off the coverings
     on bricks.
3.   The employer will supply and ensure frost-free (usable) mortar.
4.   The employees are responsible for scraping down the tubs, pouring
     water on or covering them with protective winter matting or other
     materials when delivered on site. The employees must also brush
     (clear) any snow from the masonry surface itself before bricklaying
     continues.
5.   In the case of outside work, material for shelters, tarpaulins or
     similar will be supplied for employee wind protection. The


                                                                       77
      employees are responsible for erecting, moving and dismantling the
      shelters.
 6.   Departure may be made from the provisions of this paragraph in
      cases where their implementation is considered unreasonable in
      the circumstances.
Bricklayers’ labourers
7. Bricks, which are normally supplied on pallets must be suitably
     positioned on a stable, level underlay consisting of boards, concrete
     paving etc., elevated above the existing ground level.
 8.   The piles of bricks must be covered so that they are essentially
      protected from snow and rain.
 9.   Mortar must be protected against frost.
10.   The necessary daily work of mixing anti-freeze with mortar and
      concrete, putting on and taking off coverings (but not masonry
      coverings) is the responsibility of the employees and is included in
      the prices. For establishment and removal of coverings, see the
      piece rate list.
Industrial disputes procedure
    Any disagreements regarding protective winter measures (B)
    prescribed in the collective agreement and all payment issues
    (A+B) must be dealt with as usual in accordance with the Industrial
    Disputes Procedure. The extent of protective winter measures (A)
    cannot be dealt with under the Industrial Disputes Procedure.
      Reference is generally made to the seasonal and weather-related
      protective measure plan contained in the guidelines issued by the
      Danish Enterprise and Construction Authority (Erhvervs- og
      Byggestyrelsen) on the new executive order on protective winter
      measures, appendix 5, page 108.




78
Clause 72     Duration of the collective agreement


This collective agreement comes into force on 1 March 2007 and, in
compliance with the rules in force at any time, is effective between the
parties to the collective agreement until terminated in writing to expire on
1 March, but no earlier than on 1 March 2010.


                     Copenhagen, 28 February 2007



The United Federation                         The Danish Construction
of Danish Workers                             Association




                                                                          79
                       GENERAL AGREEMENT
of October 1973 with Amendments of January 1993 concluded by the
Danish Employers´ Confederation and the Danish Confederation of
Trade Unions

Section 1
Recognising the desirability of settling questions relating to pay and
employment conditions by concluding collective agreements, where
necessary with the participation of the central organisations, the central
organisations and their members undertake not to prevent
employers and employees, either directly or indirectly, from organising
themselves within the organisational framework of the central organisations.
It shall therefore be considered an anti-organisation act, if
one of the parties to present General Agreement takes action against
another party on the grounds of organisation affiliation and thus not
on industrial motives.
Section 2
(1) Where a collective agreement has been concluded, no stoppage of
work (i.e. strike, picket, lockout or boycott) can be initiated during the
period of the collective agreement’s validity in the sector covered by
the agreement, unless warranted by the Standard Rules for Handling
Industrial Disputes, or by collective agreement. Secondary strikes or
lockouts may be initiated in accordance with agreements and case law.
(2) Awork stoppage is lawful only if approved by at least three-quarters
of the votes cast by a competent assembly under the rules of the relevant
organisation and only if due notice has been given in agreement
with the provision laid down in (3). Exceptions to the provision are
work stoppages in situations mentioned in section 5(2) of the Standard
Rules.
(3) Any intention to submit proposals for a stoppage to such an assembly
shall be notified to the executive committee of the other central
organisation by special and registered post at least two weeks before
the proposed stoppage is planned to start. The other party shall be similarly
informed the assembly’s decision at least one week in advance
of the work stoppage. Regarding notice of enforcement of work stoppages,
the above–mentioned notice periods shall be reduced to at least
seven days and three days respectively.
(4) The central organisations, their affiliated organisations and other
organisations parties to the General Agreement shall be committed by
all reasonable means to prevent stoppages in disagreement with the
2
collective agreement. Should such a stoppage be initiated, the organisations
80
further undertake to endeavour to terminate it.
(5) It shall be taken to be a strike or a lockout if workshops or workplaces
systematically vacated or ultimately closed.
(6) During an industrial disputes between the parties to the present
agreement or between their members an unaffiliated employee- or
employer organisations or companies, no support shall be given to the
unaffiliated organisations or company by any party to this agreement.
An organisation or a company joining one of the central organisations
or one of their affiliates shall not be regarded as unaffiliated, provided
that a work stoppage has not been started before joining or been
unequivocally announced following unsuccessful negotiations.
Section 3
(1) Agreements concluded between the central organisations shall be
respected and complied with by all member organisations, and responsibility
for this lies with the relevant central organisation.
(2) Disputes as to whether an agreement exists shall be settled by the
Industrial Court, unless the parties agree to have the dispute settled
through industrial arbitration. Disputes concerning an agreement’s
coverage shall be settled through industrial arbitration.
Section 4
(1) Employers shall exercise the managerial right in accordance with
the provisions laid down in collective agreements and in cooperation
with employees and their elected representatives, as provided for in
agreements between the Danish Confederation of Trade Unions and
the Danish Employers’ Confederation.
(2) Employees who have been employed specifically and unconditionally
for piece-work, cannot have their employment conditions altered
unless the employer in question compensates the employees for
any financial losses thereby incurred. Any disputes arising in relation
to this shall be settled through the usual system of solving industrial
disputes.
(3) No arbitrary action shall take place in connection with dismissals
of employees, and complaints of alleged unfair dismissals can therefore
be dealt with according to the below-stated rules. The central or-
3
ganisations recommend that cases concerning alleged unfair
dismissals be dealt with as speedily as possible by the parties concerned.
In cases where claim is made to set aside a dismissal, the proceedings
shall, as far as possible, be completed before the relevant
employee’s term of notice expires.
a) In the case of dismissal of an employee who has been employed in
a company for at least nine continuous months, the employee concerned
is entitled to request the reason for his dismissal in writing.
                                                                               81
b) If the employee claims that the dismissal is unfair an unwarranted
by the situation of the employee and the company, a request may be
made for the case to be settled locally between representatives of management
and employees. The local negotiations shall be completed
within two weeks of notice being given.
In case the employer has given flagrantly incorrect information about
the reason for the dismissal and this is of considerable importance to
the case, the above notice shall be counted from the time that the
employee was or should have been given the correct information. The
local negotiations, however, shall be completed within three months of
notice being given.
c) In the case agreement is not reached, and the relevant trade union
(or central management) requests that the matter be taken further, negotiations
shall immediately be initiated between employee and
employer organisation.
d) If agreement is not reached, the relevant trade union (or central
management) is entitled to submit a complaint to one of the central
organisations’
permanent Tribunals. The complaint shall be submitted to
the Tribunal an to the opposing organisation within seven days of the
conclusion of negotiations between employee and employer organisations.
The Tribunal’s precise composition and method of operation
shall be laid down in the Procedures for the Tribunal.
e) The Tribunal shall make a reasoned award. If the Tribunal finds
that a dismissal is unfair, and unwarranted by the situation of the
employee or the company, it may, after a claim to that effect, set aside
the dismissal, unless there has been, or can be taken to be, a breakdown
in compatibility between the employer and the employee, such as to
preclude any further continuation of the employment relationship. If
the Tribunal finds that the dismissal is unfair, but that the employment
4
relationship should nevertheless be discontinued, or if a claim is made
for compensation for unfair dismissal, cf. above, the Tribunal may decide
that the company should pay compensation to the dismissed
employee. The amount of compensation depends on the circumstances
of the case and the seniority of the unfairly dismissed employee.
Compensation may not exceed 52 weeks’ pay, calculated on the basis
of the average earnings during the preceding year.
f) If the Tribunal is presented with cases where a claim is made that a
dismissal is unfair, and the dismissed employee according to legislation
has a different legal status than the one provided for in the General
Agreement, the Tribunal shall, upon a claim from the plaintiff,
base its decision on the relevant legislation.
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Section 5
(1) An employer may, after consultations with the person concerned,
demand that employees who represent the employer in dealings with
other employees be excluded from membership of an employee
organisation.
(2) The right granted to the employer under subsection (1) shall not
apply merely because an employee is employed on terms similar to
those laid down in the Act on the Legal Relationship between Employers
and Salaried Employees.
(3) The relevant supervisors’ organisations should have the right to
be represented at meeting held to deal with disagreements in relation
to the above provisions.
PROTOCOL
The parties agree that in case Section 5 of the General Agreement
should impede organisational changes on the labour market, the parties
are ready to discuss the matter.
Section 6
(1) The central organisations shall oppose any attempts to exclude
persons from joining employee organisations on the basis of company
law provisions, or other contracts or ownership of shares, which do
not make the persons concerned genuine co-owners of the company.
5
(2) When deciding whether an employee is a genuine co-owner it has
to be considered, whether the employee concerned can be dismissed in
accordance with the general rules on employment as laid down in legislation.
Section 7
(1) The term of notice for terminating agreements an wage rates and
other employment conditions shall be three months, unless otherwise
agreed.
(2) Even cases where an agreement has been terminated or has expired,
the parties remain committed to observe its provisions until it
has been superseded by a new agreement or until a work stoppage has
been initiated in agreement with the rules of section 2.
Section 8
(1) The central organisations, agree that, where the employment relationship
allows for it, rules concerning employee representatives shall
be in collective agreements.
(2) When an employee representative has been elected in compliance
with the provisions of the collective agreements, the employment relationship
cannot be terminated, unless due to lack of work, until the relevant
employee’s organisation has had the opportunity to submit the
case to industrial procedure in order to test – whether the dismissal is
unfair. The procedure shall, in order to have delaying effect, be initiated
                                                                                83
within one week, and terminated as soon as possible.
(3) If an employee representative is dismissed due to lack of work, the
employment relationship cannot be terminated during the term of notice,
cf. (4), until the representative’s organisation has had the opportunity
to submit the case to industrial procedure in order to test whether
the dismissal is unfair. The procedure shall, in order to have delaying
effect, commence within one week.
(4) If the dismissal is caused by lack work, the special notice obligation
provided in the collective agreement, according to which the
employee representative has been elected, shall cease to apply. In such
6
cases, the employee representative is entitled to the ordinary term of
notice, as provided by the collective agreement.
(5) If an employee representative is transferred with the effect that he
can no longer undertake this function, he shall be given rights equal to
those applying to dismissals, cf. (2), (3) and (4).
Section 9
(1) The central organisations shall promote cooperation between the
organisations and shall encourage smooth and stable working conditions
in undertakings through the joint cooperation committees or
through other appropriate bodies.
(2) Neither side shall hinder an employee in the performance of his
job to the fullest extent that his training and abilities allow.
Section 10
(1) In the event of an alleged breach of this Agreement or of any other
collective agreement concluded by the central organisations or their
members, a joint meeting shall be held, with the participation of the
central organisations, before a complaint is submitted to the Industrial
Court.
(2) In case the alleged breach of agreement is in the shape of a work
stoppage, cf. Section 2, which has not yet been terminated, the joint
meeting shall be held immediately, and at the latest, the day after the
stoppage was initiated. In other cases the joint meeting shall be held as
soon as possible. The party requesting a joint meeting may demand
that the joint meeting be held within a week.
(3) The request to hold a joint meeting shall, to the extent possible,
state the details of the case and relevant documents of the case shall be
enclosed.
(4) If the parties agree, the appointed joint meeting may be held by
telephone.
(5) At the joint meeting the reasons underlying the dispute shall be
explained and endeavoured to be solved. Minutes will be taken, from
which will appear the positions of the parties.
84
7
Section 11
Associations and undertakings affiliated to the central organisations
may not, by resigning from the central organisations, absolve themselves
from the commitments undertaken under the present General Agreement.
These commitments shall remain valid until the General
Agreement has lapsed following termination by one of the central
organisations.
Section 12
(1) This General Agreement shall remain in effect until terminated by
six months’ notice as at 1st January, but not earlier than 1st January,
1995. Either of the central organisations wishing to amend the General
Agreement shall inform the other party six months before notice of termination,
after which negotiations with the object of reaching agreement
and thus avoiding termination of the General Agreement shall be
commended.
(2) Should negotiations to renew the General Agreement, after due
notice of termination has been given, not be completed by 1st January,
the Agreement shall remain in force, irrespective of whether the termination
date has been exceeded, until the current collective agreements
have bed superseded by new ones. The Agreement thus lapses at the
time the new agreements are implemented.
PROTOCOL
The parties agree that work stoppage are to be avoided, and that the
organisations shall actively contribute to this end: cf. the terms of this
General Agreement.
The central organisations agree that guidelines for the holding of joint
meeting shall be worked out as soon as possible.
Copenhagen, October 1, 1992
Danish Confederation Danish Employer’s
Of Triade Unions Confederation
Finn Thorgrimson Niels L. Thygesen




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