Transcript Flexibility of the Social Dialogue

IP FLEXEM TER
OULU
FINLAND
2007
THIS HAPPENS WHEN THERE IS
NO SOCIAL DIALOGUE !
Flexibility of the Social
Dialogue
Elisabeth Büttner, Germany
Gabriele Gamberini, Italy
Elvira Kasteel, The Netherlands
Sandra Melús Cunquero, Spain
Dainius Navickas, Lithuania
Alessandro Nepi, Italy
Ernestas Rigertas, Lithuania
Bianca Rotthier-Willems, Belgium
Table of contents
General Introduction
Legal differences
European framework
Constitutions
Legislation
Sociological data and figures
Structure of trade unions
Wage-setting
Differences between men and women
Consequences of the actual
situation
Recommondations
Introduction to the Social Dialogue:
A Definition
“Negotiation, consultation or simply exchange of
information among representatives of
governments, employers and workers”
• EU Level
• State Level
• Plant Level
Normative sources of the
Social Dialogue
European framework (Art. 136, 137, 138, 139 of the
Treaty; Art. 27, 28 of Nice Charter)
Constitutions
Legislation
European Framework
• Art. 136: Social Dialogue as an objective
• Art. 137: Implementation of directives to the social
partners’
• Art. 138: Social partners’ role at the EU level
• Art. 139: Collective bargaining at the EU level
• Art. 27, 28 Charter of Nice : Fundamental Rights
Constitutions
• Principle of freedom of collective bargaining
• Trade union freedom
• No mention in the Netherlands’ system
Legislation
Sources of regulation of social dialogue:
• Laws and collective labour agreements (Belgium,
Italy, Finland)
• Laws only (Germany, Spain, Lithuania and The
Netherlands)
Bargaining hierarchy implemented;
• but in some countries (i.e. Germany) it may depend
on practice of opening clauses
Different system of representation:
• Single channel (Germany, Italy, Lithuania,
Finland)
• Dual channel (Belgium, Spain, The
Netherlands)
General body of representation:
• Belgium: workers and management
• Other countries: workers only
Conditions of establishing a trade union:
• No restrictions for small companies
• Avoiding inadequate representation (so called
”yellow trade unions”)
Criteria to decide which trade union
should represent workers
Membership of trade unions
• Differences in representation
• Differences between age, gender,
sector and occupation
• Loss of power for trade unions due to
the shifting from sector level to
company level
Net trade union membershiop density according to age
Industrial Relations in Europe 2006
90
80
70
60
50
-30
30 - 49
50+
40
30
20
10
0
Belgium
Finland
Spain
Italy
Countries
Germany
The Netherlands
Lithuania
Net trade union membership density according to gender
Industrial Relations in Europe 2006
90
80
70
60
50
Male
Female
40
30
20
10
0
Belgium
Finland
Spain
Italy
Countries
Germany
The Netherlands
Lithuania
Net trade union membership density according to sector
Industrial Relations in Europe 2006
100
90
80
70
60
Industry
Services
50
AHS
PMS
40
30
20
10
0
Belgium
Finland
Spain
Italy
Countries
Germany
The Netherlands
Lithuania
Net trade union membership density according to occupation
Industrial Relations in Europe 2006
90
80
70
60
50
White-collar
Skilled blue
Unskilled blue
40
30
20
10
0
Belgium
Finland
Spain
Italy
Countries
Germany
The Netherlands
Lithuania
Level of collective bargaining involved in wage-setting
Industrial Relations in Europe 2006
3
Importance
2
Inter-sectoral level
Sectoral level
Enterprise level
1
0
Belgium
Germany
Spain
Italy
Countries
Lithuania
The Netherlands
Finland
Industrial Relations in Europe 2006
Employees on low wages
60
50
Percentage
40
Men
30
Woman
Total
20
10
0
Belgium
The Netherlands
Spain
Italy
Countries
Germany
Lithuania
Finland
Structure of trade unions
• are organised on:
- sector base
- occupational base
●
countries are organized :
- a dominant trade union
- a few dominant trade unions
Consequences of the actual
situation
• Close link between implementation and
historical development
• Depending on strength of legal structures
- low
- high
• Power and influence of trade unions –
sufficient impact?
• Loss of competitiveness?
• Increase of collective bargaining on
plant level
- specifying on local needs
• Flexibility of the local level
- depends on different
backgrounds
- freedom to adapt
superordinated collective
agreements
Conclusions
Proposals
• Stop the trend of declining membership
number of trade unions
• Improve the information flow between
different levels
• Framework
ASSIMILIATED BUT NOT UNIFORM
SYSTEM!!!
Generally binding agreements
German system of „opening-clauses“
Clear separation of competences between work
council and trade unions
Assimiliated system of European Social Dialogue
Thank you for your support!!
• Ricardo Del Punta
• Guido Boni
• Rytis Krasauskas
Thank you for your
attention!
Are there any questions?