Functioning and potential of European sectoral social dialogue ITC-ILO European workshop on social dialogue in EU12 and candidate countries Brussels, November 2010 Frank Siebern-Thomas Employment, Social Affairs and Inclusion DG Social Dialogue, Industrial Relations

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F12 1.Employment and social policy in the EU 2.European social dialogue  Legal basis and representativeness of actors  Forms, development and coverage  Functioning and role of actors  Topics, outcomes and implementation  Financial and budget support, capacity building 3.Commission Staff Working Document on the functioning and potential of European sectoral social dialogue (July 2010)  Assessment, success factors, challenges, … 4.Discussion 5.Study visit to DG EMPL (19 November 2010) Overview of presentation

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F13 EU employment & social policy Legislation Working conditions - Health and Safety Gender Equality – Anti-discrimination Open Method of Coordination Employment Social Inclusion Social Protection Pensions Education European Social Fund EGFPROGRESS European Social Dialogue (Art. 152 TFEU) Internationalcooperation 1. EU employment and social policy – key instruments

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F14 Treaty on the Functioning of the European Union (TFEU), new Article 9: “In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.” 1. EU employment and social policy – key instruments

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F15 discussions, exchange of information and best practices, consultations, negotiations and joint actions undertaken by the social partner organisations at European level. Bargaining BargainingAutonomy Consultation 2. European social dialogue – definition

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F16 2. European social dialogue – legal base  recognition/development in EU Treaties  Social protocol (1991)  Maastricht (1993)  Amsterdam (1997): Articles  Lisbon (2009): Articles  cross-industry and sectoral social dialogue  Commission Communication and Decision further to the Amsterdam Treaty - establishing European sectoral social dialogue committees  criteria:  Mutual recognition  Representativeness  Capacity to negotiate  Administrative capacity

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F17 Treaty on the Functioning of the European Union (TFEU), new Article 152: “The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy. The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.” 2. European social dialogue – legal base

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F18 Article 154 TFEU – Consultation “The Commission shall have the task of promoting the consultation of management and labour at Union level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour. (…)“ 2. European social dialogue – legal base

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F19 Article 155 TFEU - Bargaining 1. Should management and labour so desire, the dialogue between them at Union level may lead to contractual relations, incl. agreements. 2. Agreements concluded at Union level shall be implemented either in accordance with the procedures and practices specific to (…) the Member States or, in matters covered by Article 153, at the joint request of the signatory parties, by a Council decision (…). The European Parliament shall be informed. (…) 2. European social dialogue – legal base

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F110  combines the values of autonomy, responsibility and participation  respect of diversity of national systems; complements the national practices of social dialogue and industrial relations which exist in all Member States  vital role in the governance of the EU: representative social partners can act as ‘co-legislators’ and contribute to the definition of European social standards (‘social/double subsidiarity’) 2. European social dialogue – key characteristics

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F111  review clause in 1998 Commission Decision  inputs  consultation of social partners (questionnaire): more than 50 responses from 35 sectors; 5 joint responses (post, construction, wood/furniture, local and regional government)  Dublin Foundation study on dynamics of ESSD  Liaison Forum meetings and conferences  objectives  take stock of and assess main achievements of EU sectoral social dialogue and committees  identify possible shortcomings and suggest improvements (practical; formal amendments;…) 3. Review of functioning and potential of ESSD

I Background  EU social dialogue  legal basis  sectoral dimension II A Success story  European sectoral social dialogue committees (SSDCs)  Dynamics of the SSDCs  Diversity and relevance of outcomes  Adapting to enlargement III Further developing potential  Consultation  Negotiations  Joint actions and other tools IV Challenges  Adapting to changes  Synergies and information  Effective delivery and better monitoring of the outcomes  Better use of EU funding V Conclusions 3. Review of functioning and potential of ESSD - structure

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F113 increasingly dynamic and productive arena for: trust-building, information sharing, discussion, consultation, negotiation, joint actions  bottom-up process based on social partner commitment and active participation  3 generations of committees since 1951  more than 40 committees (new SSDCs under preparation)  145 million workers covered (> 3/4 of the EU workforce) and > 6 million undertakings  actively involved in the EU policy-making processes and design and implementation of policy strategies  1998 Decision provides adequate and flexible “common framework” that can host various forms of social dialogue and is adapted to the specificities of sectors 3. Review of functioning and potential of ESSD – a success story

Sea transport Road transport Inland navigation Civil aviation Railways Ports Electricity Gas Personal services Industrial cleaning Private security Live performance Audiovisual services Professional football Sport & active leisure Steel Shipbuilding Metal industries Textile & clothing Tanning & leather Footwear Hospitals & healthcare Education Local government Central administration Telecommunications Postal services Agriculture Sea fisheries Extractive Industry Horeca Catering Sugar Agro-food industry Commerce Banking Insurance Construction Chemical industry Woodworking Furniture Paper industry Temporary agency work European sectoral social dialogue – committees Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F1148-Jun-16

Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F115 sectors not (yet) covered :  legal, business, marketing, office support services (7 m)  agro-food industry (4.5 m)  social work (4.3 m)  household work, domestic personnel (2.4 m)  information and communication technology services ( m)  financial broker and real estate activities (2 m)  science, research & development (1.4 m)  sports and recreation activities (1.1 m)  waste collection (1 m)  water collection and supply (0.5 m)  extraction and manufacture of petroleum (0.3 m) European sectoral social dialogue – coverage

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F116 European sectoral social dialogue – participation

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F117 European sectoral social dialogue – participation

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F118 diversity and relevance of outcomes  qualitative outcomes  better understanding, consensus building  better capacity to promote sectoral interests  better capacity to act in an autonomous way  better capacity and social dialogue at national or company level  improved working conditions and standards  quantitative outcomes  more than 200 meetings per year  more than 3000 participants  more than 500 texts since Review of functioning and potential of ESSD – a success story

 Agreements  Framework agreement  Autonomous agreements  Process-oriented texts (standards, principles)  Framework of action  Guidelines, codes of conduct  Recommendations  Policy orientations  Exchange of information and impact on EU policies  Joint opinions or declarations  Tools Implementation Follow-up at national level reporting Information Diffusion Typology of European social dialogue outcomes

 Agreements  Agreement on prevention from sharp injuries in the hospital and healthcare sector  Agreement on Workers Health Protection through the Good Handling and Use of Crystalline Silica and Products containing it (multi-sectoral agreement)  Process-oriented texts  Guidelines for consultation arrangements for functional airspace blocks in civil aviation  Recommendations on self employment and bogus self employment in construction  Joint opinions and tools  Joint Declaration concerning social security provisions in inland waterways transport  Common posting database in construction  Handbook on accident prevention in sea fisheries  Qualification and skills passports in hospitality sector Examples of European social dialogue outcomes

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F121 Online social dialogue text database

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F122 adaptation to EU enlargement and integration of new actors  in the context of recent enlargements (2004 and 2007), all the European sectoral social partners’ organisations have extended their partnership to relevant sectoral social partners in the new Member States  active involvement of all national partners is essential to ensure legitimacy and effectiveness of European social dialogue (cf. participation statistics)  capacity-building projects co-financed under social dialogue budget lines and/or by the European Social Fund, also involving national partners from candidate countries 3. Review of functioning and potential of ESSD – a success story

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F123 European sectoral social dialogue – participation

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F124 further potential for consultation, negotiation and joint action still to be explored, though the overall functioning of committees cannot be assessed by considering quantitative aspects only  consultation  more and more consulted under article 154  more and more involved in impact assessments  pilot phases of networks/councils on skills and jobs To respond effectively, EU sectoral social partners need to be better equipped in terms of staff, expertise, financial resources, …  negotiation  joint action 3. Review of functioning and potential of ESSD – further developing the potential

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F125 better adapt to (structural, organisational, …) changes  size of committees  A committee should be as inclusive as possible and as focused as necessary to be relevant for its stakeholders.  It should include all relevant partners and ensure adequate (complimentary, …) representativeness  remit of sectors  to be considered against the background of structural changes affecting economic activity and employment structures as result of globalisation, market developments, technological change  new actors  economic and social actors may appear or disappear in any given sector: New operators such as low-cost companies in civil aviation, private operators in postal services and telecommunications, rural subcontractors in agriculture  small and medium size enterprises are becoming more interested in European sectoral social dialogue 3. Review of functioning and potential of ESSD – challenges

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F126 increase synergies across sectors and between cross-sectoral and sectoral social dialogue  improve multi-sectoral cooperation and cross- fertilization among committees  handling and use of crystalline silica,  third-party violence and harassment  socially responsible public procurement  improve information flows and transfer of experience between committees  Liaison Forum meetings and conferences  multi-sectoral initiatives and meetings  liaison with other Commission services 3. Review of functioning and potential of ESSD – challenges

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F127 ensure a more effective delivery and implementation of outcomes  aim at full and effective implementation of the outcomes at the EU and national level  ensure relevant work programmes, effective rules of procedure and meaningful agendas for meetings, as well as action-oriented minutes and conclusions and their effective follow-up  improve monitoring processes (evaluation, indicators, reporting, information activities, …)  in periods of relative inactivity (due to conflicts or lack of representativeness), the Commission will continue to provide assistance, with possibility of suspending a committee unable to fulfil its obligations 3. Review of functioning and potential of ESSD – challenges

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F128 make effective and better use of available EU funding, taking into account the financial and administrative constraints  Commission financing of social dialogue and negotiation meetings, including participation costs, interpretation, etc.  Commission support to projects through dedicated budget headings (social dialogue and industrial relations; information and training measures for workers’ organisations; information, consultation and participation of representatives of undertakings)  European Social Fund to support capacity-building of national social partner organisations; effective involvement of national social partners in the design, implementation and monitoring of ESF activities 3. Review of functioning and potential of ESSD – challenges

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F129  positive dynamics, creation of new committees  variety of concrete outcomes with real impact  trust and continued dialogue between the parties  one of the success stories of European employment and social policy  however, inter-dependence of the effectiveness of national social dialogue and that at European level, and room for improvement: more focus on concrete results effective implementation and regular evaluation of outcomes strengthen the consultation of sectoral social dialogue committees in the context of impact assessments promote contributions from social partners and sectoral social dialogue committees to EU policy making further enhance the coverage of the whole EU economy regularly monitor and update the structure and representativeness of committees improve the integration of representatives from new member states strengthen the (administrative) capacity of actors involved strengthen visibility of European sectoral social dialogue and outcomes further develop the potential of European social dialogue, including by developing a space for negotiation / collective bargaining at EU-level 3. Functioning and potential of ESSD - summary

8-Jun-16Directorate-General for Employment, Social Affairs and Inclusion ─ Unit F130 Vielen Dank für Ihre Aufmerksamkeit. Thank you for your attention. Merci de votre attention. European social dialogue website and text database: