Transcript Document

Influence of the European
social dialogue on national level
Ljubljana, 28 September 2009
Slawomir Adamczyk, ETUC
Dialogue between social partners
is one of the pillars of the
European Union and as such
guarantees of the existence of
european social model
European social model
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Fundamental determinant of socio-economic
development of Western Europe after the WW II
Equated with social achievements of European
Community
The uniform ESM applied to every member state
doesn’t exist but…
Although national models differ each other all refer
to concept of „welfare state”
European social model
– main principles
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Idea of social justice and counteracting of exclusion
Social policy as a factor to promote adjustment to
the economy changes (there is no contradiction
between competition and social cohesion)
High level of organizing of interests and conducting
negotiations between social partners themselves
and also with public authorities
European social model
is constituted by:
• High economic effectivenes
• High level of social protection and eduction
• Social dialogue
Definition adopted by European Council
during the summit in Barcelona in 2002
Development of legal basis for
European social dialogue
1952
1958
1972
1985
1986
1991
1997
2000
2007
Treaty of Paris (ECSC)
Treaty of Rome (EEC)
Social dimension of integration is noticed
(Paris Summit)
Informal meeting of ETUC, UNICE and CEEP
in Val Duchesse
Single European Act
Social Agreement ( attached as a protocol to
Maastricht Treaty)
Treaty of Amsterdam (art. 138 i 139 TEC)
The EU Charter of Fundamental Rights
Treaty of Lisbon (still not completed)
Treaty provisions
Art. 138 of the Treaty
The Commission has a responsibility to promote consultation of the
social partners at community level and to take every useful measure
to facilitate their dialogue, taking care to ensure a balanced support
of both sides
The Commission consults social partners first
Social partners can engage into a dialogue
Art. 139 of the Treaty
The Community level dialogue between the social partners can lead,
if they wish it, to contractual relations, including agreements.
The implementation can be made either by an EU instrument or
through national channels
Social dialogue: short history
Before 1985:
formal/informal consultations of SP
1985-1990:
emergence of bi-partite social dialogue
(“joint opinion period”)
1991-2001:
recognition of social dialogue in the
Treaty and negotiations of agreements
based on article 138 and 139 of the Treaty
Since 2002:
social partners re-affirm their autonomy
and adopt a work programmes for social
dialogue (2003-2005; 2006-2008 and 20092010).
European Social Partners
Representing European workers
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ETUC – European Trade Union
Confederation;
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Established in 1973;
82 member organisations in 36
countries;
60m workers;
12 European Industry Federations;
Eurocadres (professional &
managerial staff)
FERPA (retired & older people)
Representing European employers
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BUSINESSEUROPE – the
Confederation of European
Business;
UEAPME – European
Association of Craft, Small and
Medium-sized Enterprises;
CEEP – European Centre of
Enterprises with Public
Participation and of Enterprises
with General Economic Interest
Main forms of activity
of European social partners
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Tripartite concertation (with the Commission and Council)
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Consultation under article 138 TEC (concerning issues
mentioned in article 137)
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Bipartite dialogue (autonomous)
- cross-sectoral
- sectoral
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Framework of dialogue at company level (information and
consultation procedures)
TRIPARTITE
The forms of European social dialogue
Tripartite Social Summit
Macroeconomic dialogue
Dialogue on employment, education, etc.
AUTONOMOUS
BIPARTITE
Consultation under article 138 TEC
27 topics since 1993
“Val Duchesse”
social dialogue
Cross-industry
Sectoral social
dialogue
committees
Sectoral
EWC
Company
Some issues covered by obligatory consultations
with social partners (article 137 TEC)
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improvement in particular of the working environment to
protect workers' health and safety;
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working conditions;
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social security and social protection of workers;
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the information and consultation of workers;
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the integration of persons excluded from the labour market;
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equality between men and women with regard to labour market
opportunities and treatment at work;
the combating of social exclusion;
European social dialogue procedure under article 138 TEC
European Commission
Proposal on the field of
social policy
If action at Community
level desirable
When appropriate –
further action of the
Commission
Social Partners
Consultation on possible direction
Opinion
Consultation on possible content
Opinion or recommendation
NEGOTIATIONS
9 months
When appropriate –
independent action of
the Commission
Failure of negotiations
AGREEMENT
Social dialogue outcomes
Agreements
establishing standards
Article 139.2 of the
Treaty
Framework agreements
Implementation
Autonomous agreements
Frameworks of action
Recommendations
concerning standards
and principles
Guidelines and Codes of conduct
Follow-up at
National level
Policy orientations
Joint opinions
Exchange of
information
Declarations
Tools
Information
Diffusion
EU social dialogue - roles of actors
European
social partners
National
social partners
Implemented by
Council decision
Consultation on
implementation
reports
AUTONOMOUS
AGREEMENTS
Implementation
reports
Implementation
In national texts
Follow-up
reports
Reference
in national texts
AGREEMENTS
Frameworks of action
Guidelines
Codes of conduct
Policy orientations
Commission
Member States
Implementation
reports
Transposition
Monitoring
Financial support
Follow-up
Financial support
Facilitation
European social dialogue committee
 Established in 1992, composed of 64 członków
(equal number of employers and trade unions)
 Responsible for preparation of multi-annual joint
work programmes
 Also monitors implementations of joint activities
at national level
European sectoral social dialogue
1998
2008
European Commission recommends to
establish European sectoral social dialogue
committees
36 committees established, covering more
than 60% EU employees, result: more
than 350 joint opinions, recommendations,
declarations, guidelines, codes of conduct,
agreements (some of them transformed
into EU directives).
EU social dialogue results
6 Framework agreements
 Agreement on parental leave, 14 December 1995
 EU Directive 96/34/EC of 3 June 1996
 Agreement on part time work, 6 June 1997
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EU Directive 97/81/EC of 15 December 1997
 Agreement on fixed term contracts, 19 March 1999
 EU Directive 99/70/EC of 28 June 1999
 Agreement on telework, 16 July 2002 > Implementation by SP
 Agreement on work-related stress, 8 October 2004 > Implementation by SP
 Agreement on harassment and violence at work, 21 April 2007 >
Implementation by SP
EU social dialogue results
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2 Framework of actions
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Framework of actions on the lifelong development of competencies
and qualifications, 14 March 2002
Framework of actions on gender equality, 22 March 2005
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One Joint Labour Market Analysis, 18 October 2007
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More than 50 joint reports, recommendations,
declarations, opinions, compendia of good practices, etc.
EU social dialogue results
 Joint work on restructuring
Three joint work
programmes
– 2003-2005
– 2006-2008
– Orientations for reference on managing
change and its social consequences, October
2003
– Lessons learned on European Works Councils,
March 2005
– Study on economic change in EU-27
(ongoing)
– 2009-2010
 Technical assistance activities (ongoing)
Work programme 2006-2008
Context and priorities
 Contribution to and promotion of growth, jobs and the
modernisation of the EU social model
 Reinforcement of social partners autonomy
 Focus on Europe’s major economic and social challenges
 Development of a common understanding of the social dialogue
instruments and analysis of their impact at the various levels of
social dialogue
 Joint analysis on key challenges facing Europe’s labour market
Work programme 2006-2008
Main achievements
 Joint analysis on the key challenges of Europe’s labour markets
 Adopted in October 2007
 Contribution of SPs to the flexicurity debate at EU level
 Joint recommendations of SPs to public authorities at EU and national levels
 Negotiation of a framework agreement on inclusive labour markets
 Negotiations started in October 2008
Ongoing implementation of European social dialogue tools
 Framework agreement on work related stress
 Framework agreement on harassment and violence
 Framework of actions on gender equality
 Integrated programme of technical assistance
What influence of European social
dialogue on national level?
 Consultations of EU social policy (art. 138 of the Treaty) have very
concrete effects at lower levels and also national social partners can
influence European policy in this respect
 Exchanging of best practices between social partners can improve their
activity concerning specific issues (frameworks of actions. guidelines,
etc.)
 Disseminating and implementation of standards concerning working
environment contributes to development of „Social Europe”
 In new Member States ESD supports to build capacity and autonomy
of social partners
Implementation of European
agreement on telework in Poland
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Great challenge – no practice of collective bargaining at cross-sectoral
level, low representativity of social partners
The „pioneer” work – 6 months of bipartite negotiations (only
technical assistance provided by the Ministry of Labour)
The voluntary agreement concluded and its basic rules transformed
into binding law on SP request by the government
The added value of the joint work :
dissemination of knowledge on the role of European social dialogue in
decision making process and the consequences for the national level
building new forms of relationship between social partners
And final remark…
The European social dialogue supplemented by
effective structures of national one can establish
suitable environment for modern, future-oriented
economy with strong social dimension in Europe. It
only depends on social partners whether they are
able to cope with this challenge.
Hvala Lepa !