Social dialogue in the EU Challenges and opportunities

DEFINITION Social employment – labour law – working conditions – Dialogue –Discussion –Exchange of views –Agreements Collective agreement Voluntary agreement Declaration Guidelines Codes of Conduct Principles

DEFINITION Social Partners –Employers’ associations - Trade unions Interindustry –BusinessEuropeETUC –CEEP –UEAPME Sectoral –European Banking FederationEMF European Enterprises ( x 150 employees) –European Works Councils:

THE EUROPEAN UNION AND THE SOCIAL DIALOGUE OBJECTIVES –The Community …objective…dialogue between management and labour (art. 136 TEC). –The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuing balanced support for the parties (art. 138, 1, TEC). –Should management and labour so decide, the dialogue between them at Community level, may lead to contractual relations, including agreements (art. 139, 1 TEC).

THE EUROPEAN SOCIAL DIALOGUE IN PRACTICE Institutionalisation –Sectoral dialogue committees (+- 30) –Commission decision of 20 May 1998 Joint request by social partners Specific sector or categories, organised at EU Level Organisations: part of national structures, capable of negotiating agreements, representative of several Member States Adequate structures Maximum 40 members, equal employers-workers Rules of procedures – chair – meet at least once a year – expenses Confidentiality

MAKING EUROPEAN LABOUR LAW (Art. 137) Majority voting: 2/3 of States; 62% population –working conditions –information - consultation –health and safety……… Unanimity: –job security - social security - taxes –workers participatio –collective bargaining Excluded: –remuneration- –trade union freedom –strikes and lock-outs Systems remain national

COMPARATIVISM Employee relations remain national Diversity is the rule and there to stay –Culture –Unionisation – trade union structure –Employers’ organisations –Collective bargaining – incomes policies –Words and gestures Convergence of costs vs. divergence of content

SOCIAL DIALOGUE CONSULTATION Before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommen-dation (Art.138).

SOCIAL DIALOGUE AGREEMENTS On the occasion of such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 139. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it (Art. 138, 3). 1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements. 2. Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 137, at the joint request of the signatory parties, by a Council decision on a proposal (Article 139).

THE EUROPEAN SOCIAL DIALOGUE IN PRACTICE * Procedure: art. 138 (TEC) At their request – concent Commission - Social partners: negotiate 9 months Legally binding effect Text submitted to Council Council directive to be implemented by Member states Voluntary agreement –Agreement to be implemented by social partners at national level, according to national law and pratice

Social dialogue in practice Binding effect of agreements –Generally binding: European directives Mandatory implemented by national law & practice –Voluntary Agreements: dual social Europe According to national pratice: –Law, collective agreement, extended… –Guidelines –Recommendation –Code op practice

Social dialogue in practice Possibility to conclude agreements –Power relations are lacking –Employers….regulation? –Trade Unions Strong Weaker –No agreement European Works Councils Information and consultation Temporary Work Agencies

THE EUROPEAN SOCIAL DIALOGUE IN PRACTICE –Inter-industry agreements Directives ( ) –Parental leave – Part- time – Fixed Term Work Voluntary Agreements ( ) – Telework – Work Related Stress – Harasment and Violence at Work –Sectoral agreements: directives Working – time (seafarers - civil aviation) Commerce - Agriculture, Footwear, Personnel Services Sector, Hairdressing….. –Enterprise agreements European Works Councils (841 councils)

Sectoral Dilaogue In March 2006 the European social partners adopted their second Multiannual Work Programme, to run until 2008, identifying areas of joint action. Social dialogue also takes place in 33 different industrial sectors, coordinated on the trade union side by the European Industry Federations. Sectoral social dialogue committees deal with, for example, training, working time and conditions, health and safety, sustainable development, and free movement of workers. They have adopted almost 500 joint texts including joint opinions and agreements, guidelines and codes of conduct.

IMPORTANCE of the social dialogue Social partners are present. A lot of contact. Important input: Commission, EP, Council European Works Councils:10 million workers covered. Information- consultation. But not a lot of contract, altough Important agreements: –Fixed term contract

Fixed term contracts (1999) Contract of an indefinite duration is the normal labour relation Fixed term; exception; objective reasons Public as private sectors. No permanent jobs by fixed term workers. See European TU vs Commission –Permanent jobs –Equal treatment

ET ALORS? European social dialogue a must To tackle EU wide problems and harmonise conditions of European workers Especially in the area of globalisation Develop the idea of flexicurity –As much flexibility as necessary –As much security as possible: active policies –Win-win World wide social dialogue: ILO A challenge and an opportunity