the European concertation model

2 ● the legal framework ● tripartite ● interprofessional ● sectoral ● company level ● national level

3 the European concertation model ● the legal framework ● tripartite ● interprofessional ● sectoral ● company level ● national level

4 the European concertation model the legal framework : the Maastricht Treaty 1992 (see also Amsterdam Treaty 1997) ● article 136 : the Community and the Member States aim to promote employment, improve working and living conditions, establish suitable social security provisions, ensure social dialogue and develop human resources to enable a high, sustainable level of employment and to fight exclusion ● article 137 : action in the following areas ● improvement of working environment, protection of health and safety ● working conditions ● social security and social welfare for workers ● protection in the case of termination of the employment contract ● information and consultation of workers ● representation and collective defence of the interests of workers and employers, including co-management ● employment conditions for nationals of third countries ● integration of people excluded from the labour market ● gender equality ● the fight against social exclusion ● modernisation of the system of social protection

5 the European concertation model ● article 138 : the Commission has the task of promoting consultation of social partners at Community level, facilitating their dialogue, consulting them before presenting proposals in the field of social policy and asking their opinion on the content of planned proposals ● article 139 : dialogue between the social partners at Community level may lead to contractual relations, including agreements, ratified by a Council decision  option of negotiating binding European framework agreements, officialised in the form of directives or autonomously implemented by the social partners

6 the European concertation model ● the legal framework ● tripartite ● interprofessional ● sectoral ● company level ● national level

7 the European concertation model tripartite concertation ● since 1997 : six-monthly meeting the day before the Council meetings since 2003 : annual summit for growth and employment, covering macro-economic dialogue, social protection, education and training participants : president of the Council + two next presidencies + Commission + 10 Business Europe + 10 ETUC ● 6 interprofessional consultative committees ● equal opportunities ● health & safety at work ● vocational training ● free circulation of workers ● the European Social Fund ● social security for migrant workers participants : Commission + Member States + social partners

8 the European concertation model European Commission Social partners Negotiation AgreementNo agreement Directive Negotiation in Member States European Council Back to the co-decision process Parliament + Council of the EU

9 the European concertation model ● the legal framework ● tripartite ● interprofessional ● sectoral ● company level ● national level

10 the European concertation model interprofessional social dialogue ● first stage : dialogue launched by Jacques Delors in 1985 second stage : establishment of Social Dialogue Committee in 1992 third stage : autonomous agreements since 2001 ● participants : ● Business Europe : 40 private employers federations of 34 countries CEEP (European Centre of Employers and Enterprises providing Public Services) UEAPME (European Association of Craft, Small and Medium-Sized Enterprises) ● ETUC : 82 national confederations + 12 industry federations of 36 countries EUROCADRES : European Council of Professional and Managerial Staff CEC : European Managers Confederation FERPA : European Federation of Retired and Older People

11 the European concertation model ● results 3 framework agreements ● parental leave 1995  Directive 96/34 ● part-time work 1997  Directive 97/81 ● fixed-term contracts 1999  Directive 99/70 2 frameworks for action ● for the lifelong development of skills and qualifications 2002 ● for gender equality autonomous agreements ● telework 2002 ● work-related stress 2004 ● harassment and violence in the workplace 2007

12 the European concertation model ● the legal framework ● tripartite ● interprofessional ● sectoral ● company level ● national level

13 the European concertation model sectoral social dialogue ● creation of the Sectoral Social Dialogue Committees in 1998 ● participants : ● max. 54 members ● equal number employers / employees ● Commission = secretariat ● chair = social partner or Commission ● organisation : ● each committee own rules of procedure and work programme ● min. 1 meeting / year ● extended secretariat and/or working groups for specific questions ● 36 active committees ● agriculture, textile & clothing, gas, electricity, steel, commerce... ● inland waterways, professional football, live performance,... ● banking, insurance

14 the European concertation model ● Banking ● informal contacts since 1990, SDC since 1999 ● participants : UNI Finance European Banking Federation European Savings Banks Group European Association of Cooperative Banks ● results : seven round tables on the enlargement joint declaration on lifelong learning 2002 guidelines on corporate social responsibility 2005 research project on the impact of demography 2006 project on enlargement 2008 high level meetings on the financial crisis 2009

15 the European concertation model ● the legal framework ● tripartite ● interprofessional ● sectoral ● company level ● national level

16 the European concertation model company level ● information & consultation (EWC) & participation (SE) ● no legal framework for European collective bargaining ● Commission Social Policy Agenda : creation of an optional European framework for transnational collective bargaining ● but... Social Policy Agenda renewed 7/2008 : encourage the social partners to fully take advantage of existing options, the EU will facilitate the application of European framework agreements by national social partners  provisionally, no legislative initiatives! ● however joint transnational papers in 89 companies, mostly signed since 2000, of which 88 in 42 companies focused on the European area  need for transnational negotiation within companies

17 the European concertation model ● framework agreements : a challenge for the trade union federations The EMF supports the development of a negotiation role in multinational companies. Through the negotiation of framework agreements both at European and international level, the EMF seeks to secure minimum standards for workers with a view to improve working conditions and avoid undercutting on social standards. This approach provides also support to national collective bargaining policies. “The EMF supports the development of a negotiation role in multinational companies. Through the negotiation of framework agreements both at European and international level, the EMF seeks to secure minimum standards for workers with a view to improve working conditions and avoid undercutting on social standards. This approach provides also support to national collective bargaining policies.” (source : emf-fem.org) ● an example : Danske Bank international framework agreement on labour rights, ● partners : UNI Finance + finance unions of Denmark, Finland, Ireland, Norway and Sweden ● content : respect of fundamental labour rights ○ the right to join unions ○ maintain a healthy work-life balance ○ encourage employee involvment employment policy ○ to implement group-wide best practice HR policies ○ minimise negative effects of restructuring ○ to integrate social consequences in strategic decisions

18 the European concertation model ● the legal framework ● tripartite ● interprofessional ● sectoral ● company level ● national level

19 the European concertation model national level ● directive 2002/14 general framework for informing and consulting employees ● undertakings ≥ 50 employees or establishments ≥ 20 employees ● public & private companies, operating for gain or not ● activities and economic situation, employment, work organisation Multi Central Company Betrieb Entreprise IndustrySektor Branche

20 national industry company the European concertation model level of collective bargaining

21 the European concertation model SYNDICAT UNION GEWERKSCHAFT CTI SYNDICAT UNION GEWERKSCHAFT CTI works council comité d’entreprise Betriebsrat trade unions / works councils

22 the European concertation model trade unions / works councils

23 the European concertation model public board level representation

24 the European concertation model trade union membership > 55 % % % % < 15 %

25 the European concertation model shop stewards union recognition by employer Betriebsra t co-determination comité d’entreprise model of conflict and opposition samarbejdsutvalg coorporation cultural differences

26 the European concertation model want to know more ?