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IndustrialRelationsIndustrialRelations
SocialPolicy
Agenda
Open Method of CoordinationEmployment
Social protection
EuropeanSocialFunds
EuropeanSocial
Dialogue
LegislationMobility - Gender equality
Working conditions - Health and Safety
What place for social dialogue at European level?
A Strong institutional recognition
ART 138 of the TreatyThe 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.
ART 139 of the TreatyThe Community level dialogue between the social partners can lead, if they wish it, to collective bargaining, including agreements.
Barcelona European CouncilThe European social model is founded on a healthy economy, a high level of social protection, education and social dialogue.
ConstitutionArticle I - 48
Understanding Art. 138 & 139
Legislativeprocess
Council Commission Social Partners
Agreement implemented by a Decision
LEGISLATIONNATIONAL PROCEDURES
& PRACTICES
No negotiation
or failure
AutonomousAgreement
– to be implemented
by social partners
Extensionprocedure
Consultation
OpinionsNegotiation
European social partners
General cross-industry organisation&
Cross-industry organisations representing certain categories of workers or undertakings
ETUC, UNICE, CEEP, UEAPME, CEC, Eurocadres
Sectoral organisations representing employersEUROCOMMERCE, AEA, POSTEUROP,
COPA, HOTREC, FBE, ...&
European trade union organisationsUNI-Europa, EPSU, EFFAT, EMF...
Specific organisationsEurochambres
European
Capacity to act in avoluntary way
Being composed by nationalorganisations recognised
as social partners
Adequate structures
What forms does the European Social Dialogue take?
“Val Duchesse” Social Dialogue
Sectoral socialdialogue
committees
TR
IPA
RTIT
EB
IPA
RTIT
E EWCTransnationalagreements
Tripartite Social Summit
Macroeconomic dialogueDialogue on education
Dialogue on employment
Cross industry
Sectoral
Company
Auto
nom
ou
s
Social dialogue - a key element of governance
1. European Works Councils
2. Reconciling work and family life
3. Adaptation of the burden of proof
4. Working time flexibility and workers’ security
5. Prevention of sexual harassment
6. Worker information and consultation
7. Protecting workers against employers’ insolvency
8. Modernisation of employment relations
9. Exposure to asbestos at work
10. Economically dependent workers
11. Data protection
12. Corporate restructuring
13. Supplementary pensions
14. Stress at work
15. Carcinogen substances
16. Revision of the working time directive
17. Revision of EWC directive
18. Musculoskeletal disorders
19. Violence at the workplace
1. European Works Councils
2. Reconciling work and family life
3. Adaptation of the burden of proof
4. Working time flexibility and workers’ security
5. Prevention of sexual harassment
6. Worker information and consultation
7. Protecting workers against employers’ insolvency
8. Modernisation of employment relations
9. Exposure to asbestos at work
10. Economically dependent workers
11. Data protection
12. Corporate restructuring
13. Supplementary pensions
14. Stress at work
15. Carcinogen substances
16. Revision of the working time directive
17. Revision of EWC directive
18. Musculoskeletal disorders
19. Violence at the workplace
DirectivesEuropean Work Councils
Burden of proofWorking Information and consultation
Sexual harassmentInsolvencyAsbestos
Data protectionWorking time
DirectivesEuropean Work Councils
Burden of proofWorking Information and consultation
Sexual harassmentInsolvencyAsbestos
Data protectionWorking time
Negotiated agreementsParental leavePart-time work
Fixed-term contractsTelework
Stress at workViolence
Negotiated agreementsParental leavePart-time work
Fixed-term contractsTelework
Stress at workViolence
In progressCarcinogen substances
Muskuloskeletal disorders
33 (+4) Sectoral social dialogue committees
MinesSea fishingAgriculture
Gas (*)Automobile (*)
Non ferrous metal (*)Steel
ChemicalWoodworking
Textile/clothingTanning/leather
SugarShipbuilding
FurnitureFootwearElectricity
Construction
Catering (*)Hospitals
Life performanceInsurance
Inland NavigationIndustrial cleaning
HorecaCommerce
Civil aviationBanking
AudiovisualTemporary work
TelecomSea transport
Road transportRailways
Private securityPostal services
Personal servicesLocal governement
1 Cross industry social dialogue committee
Social dialogue committee - Process
1. Representativenessand capacity
2. Joint request
1. Representativenessand capacity
2. Joint request
3. RepresentativenessTest
(membership, mandate, structures)
3. RepresentativenessTest
(membership, mandate, structures)
Social Partners
Commission
SDC – How it works
Socialdialogue
table
Com
Decide on the rules of procedure of their dialogue (Objectives, Preparation, Presidency…)Decide on the level and rhythm of their dialogue (Number and type of meetings)Decide on the content of their dialogue (Agenda of the meetings)Decide on the outcome of their dialogue
The social partners"Autonomy and responsibility"
Social dialogue outcomes
Agreementsestablishing standards
Article 139.2 of the Treaty
Recommendationsconcerning standards
and principles
Exchange ofinformation
Framework agreements
Autonomous agreements
Frameworks of action
Joint opinions
Guidelines and Codes of conduct
Policy orientations
Declarations
Tools
ImplementationImplementation
Follow-up at National level
Follow-up at National level
InformationDiffusion
InformationDiffusion
6 Agreements establishing minimum standards
implemented by Council decision
• Framework agreement on parental leave, 1995
• Framework agreement on part-time work, 1997
• European agreement on the organisation of working time of seafarers, 1998
• Framework agreement on fixed-term work, 1999
• European agreement on the organisation of working time of mobile workers in civil aviation, 2000
• Agreement on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services, 2005
3 Agreements establishing minimum standards implemented by the
procedures and practices specific to management and
labour and the Member States 'autonomous' agreements
• Framework agreement on telework, 2002
• Agreement on the European licence for drivers carrying out a cross-border interoperability service, 2004
• Agreement on Stress at work, 2004
• Agreement on Agreement on Workers Health Protection through the Good Handling and
Use of Crystalline Silica and Products containing it 2006
Frameworks of action - working towards common priorities
• Framework of actions on the lifelong development of competencies and qualifications, 2002
• Framework of actions on Gender equality (2005)
• Framework of action on TMS (agriculture- 2005)
Guidelines, codes of conduct - establishing standards or principles
• Guidelines on telework in telecommunications, 2001
• Agreement on guidelines on telework in commerce, 2001
• Code of conduct – Guidelines for European hairdressers, 2001
• Voluntary guidelines supporting age diversity in commerce, 2002
• Joint declaration on lifelong learning in the banking sector, 2002
• European agreement on vocational training in agriculture, 2002
• Code of conduct on CSR in the European sugar industry, 2003
• Code of conduct and ethics for the private security sector, 2003
• Code of conduct for the European textile/clothing sector, 1997
Autonomous Social Dialogue Agreement
on Workers Health Protection
through the Good Handling and Use of Crystalline Silica and
Products Containing it
- 25 April 2006 -
14 Sectors
Aggregates, Cement, Ceramics, Foundry,
Glass fibre, Special Glass, Container Glass & Flat Glass, Industrial Minerals, Mineral Wool, Mines, Mortar, Natural Stones and Pre-cast Concrete
i.e. more than 2 million Employeesand a business exceeding € 250 billionThe Agreement aims at:
protecting the health of Employees minimizing exposure to CS by applying the Good Practices increasing knowledge about potential health effects of CS and about Good Practices
Application of the Agreement & “Good Practices”
Obligations: Training - Dust monitoring - Health Surveillance - Cooperation to increase knowledgeMonitoring Application at site level through indicators - Reduction of failuresBiennial Reporting to a bipartite CouncilSummary Report published by the Council
Implementation reports
2006
2007
2008
October 2006 : Report on the implementation of the autonomous Agreement on Telework
January 2007 : Report on the follow-up of the Framework for action on equality of chances
Report on the implementation of the autonomous Agreement on Stress
First report on the implementation of the autonomous Agreement on Crystalline Silica
ROLES of actors
InformationDissemination
European social partners
European social partners
National social partners
National social partners CommissionCommission Member StatesMember States
Financial support
Implementation reports
Transposition
Follow-upreports
Implementationreports
Reference in national texts
Integration innational texts
Follow-upFinancial support
MonitoringFinancial support Facilitation
OpinionsDeclarations
OpinionsDeclarations
AGREEMENTSimplemented
by Council decision
AGREEMENTSimplemented
by Council decision
Frameworks of actionGuidelines
Codes of conductPolicy orientations
Frameworks of actionGuidelines
Codes of conductPolicy orientations
AGREEMENTS implemented
according to own procedures
AGREEMENTS implemented
according to own procedures
Consultation onimplementation
reports
2007 DG EMPL initiatives
QuarterI
QuarterII
QuarterIII
QuarterIV
Consultation 2d phase on musculoskeletal disordersConsultation 2d phase on carcinogens (Art 138)
Health and Safety at Work Strategy 2007-2012 (Communication)Communication « Stocktaking of the social reality » COM(2007)63
Consultation 2d phase on reconciliation of work, private and family life
Communication on flexicurity
Consultation 2d phase on the prevention of needle stick injuriesCommunication on transnational collective agreements
Communication on Gender pay gapCommunication on the follow-up of the Green Paper on labour law
Consultation 2d phase on integration of excluded personsCommunication on social services of general interest
Communication on mid term review of the implementation of the Social Agenda
2007 Social Partners Work Programmes
CSRCSR
H&SH&S
Labour MarketFlexicurity
Labour MarketFlexicurity
Capacity buildingNew Member States
Capacity buildingNew Member States
Management of ChangeRestructuring - Globalisation
Management of ChangeRestructuring - Globalisation
Training - Qualification - MobilityTraining - Qualification - Mobility
Steel – Evolution of training needsHoreca – Qualiffications – passport
Shipbuilding – Qualification transparencyChemistry – Quality of Education
Gas – effects of the liberalisationRailways – Joint study
Post – Future of the sector
Local Gvt – Strengthening SD in NMSTextiles – Capacity building
Audiovisual – Integration of NMS
Commerce – Youth employmentInland Navig. – Working time
Hospitals – AgeingCleaning Industry. – Day time work
Steel – Exchange of best practicesCommerce – Vilolence
Agriculture – Implementation MSDHair dressers – Cosmetic directive
Leather and tanning – CSR Reporting
Prerequisites to participate to the European social dialogue
• Freedom to associate or not• Freedom to negotiate• Ability to sign agreements• Capacity to implement European social
dialogue agreements through national collective bargaining
• Right to be consulted on any matter linked to social policies and working conditions
Prerequisites to participate to the European social dialogue
• Sectoral and cross sectoral dimension• Corporate dimension • Bipartite dimension • Autonomy of social partners• Representativeness of social partners
• Administrative capacity • Reliable statistics concerning trade union
membership/collective agreements coverage, etc…
More information…
• EUROPA website for social dialoguehttp://europa.eu.int/comm/employment_social/social_dialogue/
• Report "Industrial Relations in Europe 2004"