Explaining European Social Dialogue

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Explaining European Social Dialogue

• How to reinforce Social Dialogue
• in the new Member States?
• Budapest, 21 February 2007
• Stefan Clauwaert
• ETUI-REHS Senior Researcher
• ETUC NETLEX Coordinator

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Outline

• I/ Introduction
• II/ Treaty provisions
• III/ Social dialogue at EU level
• Actors
• History
• Structure
• Results
• European Social Partners work programmes
• IV/ Tripartite concertation
• V/ Other forms of involvement

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I. Introduction

• Social dialogue a tool to ensure smooth
  functioning of labour markets
• Three types of activities involving the social
  partners
• social dialogue designates bipartite work by the
  social partners, whether or not prompted by the
  Commissions official consultations based on
  articles 138 and 139 of the Treaty
• consultation of the social partners designates
  the activities of advisory committees and
  official consultations in the spirit of articles
  138 and 139 of the Treaty
• tripartite concertation designates exchanges
  between the social partners and European public
  authorities

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II. Treaty provisions

• Treaty articles art. 138 and 139
• consultation of the social partners in the social
  field (definition of social field in art. 137)
• two-stage consultation (on possible direction
  and content of future Union action)
• possibility to enter negotiations and to conclude
  an agreement replacing Union action
• two options regarding implementation

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III. Social Dialogue at EU level actors

• Representing European employers
• BUSINESSEUROPE the Confederation of European
  Business
• Formerly known as UNICE
• Established 1958
• 39 federations from 33 countries
• More than 20m companies
• 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

• Representing European workers
• ETUC European Trade Union Confederation
• Established in 1973
• 81 member organisations in 36 countries
• 60m members
• 12 European Industry Federations
• Eurocadres (professional managerial staff)
• FERPA (retired older people)

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III. Social Dialogue at EU level history

• Three main stages of development
• 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
  programme for social dialogue 2003
  2005 and 2006 2008.

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III. Social Dialogue at EU level structure
T R A D E U N I O N S
One Interprofessional Social Dialogue Committee
E M P L O Y E R S
33 Sectoral Social Dialogue Committees
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33 Sectoral Social Dialogue Committees
III. Social Dialogue at EU level structure

• Live performance
• Local and regional government
• Personal Services
• Postal Services
• Private Security
• Railways
• Road Transport
• Sea Fishing
• Sea Transport
• Shipbuilding
• Steel
• Sugar
• Tanning and leather
• Telecommunications
• Temporary Work
• Textiles/Clothing
• Wood
• Gas

• Agriculture
• Audiovisual
• Banking
• Chemical industry
• Civil aviation
• Cleaning
• Commerce
• Construction
• Electricity
• Extractive industry
• Footwear
• Furniture
• Hospitals
• Hotels, Catering Tourism
• Inland Waterways
• Insurance

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III. Social Dialogue at EU level results at
interprofessional level

• from 1986 to 2007
• 6 Framework agreements
• Agreement on parental leave, 14 December 1995 gt
  EU Directive
• Agreement on part time work, 6 June 1997 gt EU
  Directive
• Agreement on fixed term contracts, 19 March 1999
  gt EU Directive
• Agreement on telework, 16 July 2002 gt
  Implementation by SP
• Agreement on work-related stress, 8 October 2004
  gt Implementation by SP
• Agreement on harassment and violence gt
  Implementation by SP gt (in the progress of
  adoption)

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III. Social Dialogue at EU level results at
interprofessional level

• from 1986 to 2007
• 2 Framework of actions
• Framework of actions on the lifelong development
  of competencies and qualifications, 14 March 2002
• Framework of actions on gender equality, 22 March
  2005
• More than 50 joint reports, recommendations,
  declarations, opinions, compendia of good
  practices etc.

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III. Social Dialogue at EU level other activities

• Work on restructuring
• Orientations for reference on managing change and
  its social consequences, Oct 2003
• Lessons learned on European Works Councils, March
  2005
• Study on economic change in EU-25 (ongoing)
• Technical assistance activities in new member
  states and candidate countries (ongoing)

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III. Social Dialogue at EU level European
Social Partners Work Programme 2003-2005

• Presented November 2002
• Diversified instruments
• Delivery of Lisbon European strategy
  preparation of enlargement
• Three priority areas employment, mobility and
  enlargement

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III. Social Dialogue at EU level European
Social Partners Work Programme 2003-2005

• EMPLOYMENT
• Employment guidelines Reports on Social Partner
  actions in Member States to implement employment
  guidelines
• Lifelong Learning Follow up of framework of
  actions plus evaluation report
• Stress at Work Seminar in view to negotiate a
  voluntary agreement
• Gender equality Seminar on EO and gender
  discrimination aiming at a framework of actions
• Restructuring Identify orientations that could
  serve as a reference to assist in managing change
  and its social consequences on the basis of
  concrete cases
• Disability Update of joint declaration of 1999
  as a contribution for the European year on
  disability
• Young People Promoting young peoples interest
  in science technology to help addressing the
  skills gap through joint declaration and/or
  awareness-raising campaign
• Racism Updating joint declaration of 1995 (with
  participation of candidate countries)
• Ageing workforce Seminar to discuss case studies
  and explore possible joint actions
• Harassment Seminar to explore the possibility of
  negotiating a voluntary agreement
• Telework Monitoring follow-up to framework
  agreement
• Undeclared Work Seminar aiming at a joint
  opinion

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III. Social Dialogue at EU level European
Social Partners Work Programme 2003-2005

• ENLARGEMENT
• Industrial Relations Joint seminars on
  industrial relations (case studies on different
  ways of articulating different levels of
  negotiations)
• Social Dialogue 2 enlarged social dialogue
  committees per year
• Restructuring Study on restructuring in
  candidate countries
• Lifelong Learning Include candidate countries in
  follow-up to framework of actions
• Implementation of Legal acquis Joint seminar on
  European Works Councils
• EU social employment policies after
  enlargement Prospective reflection to identify
  issues that will arise in the EU after
  enlargement such as increase in diversity,
  migrations, cross-border work, etc.
• MOBILITY
• Action plan on skills and mobility Seminar to
  identify areas where joint actions by the social
  partners at EU level could help addressing
  obstacles to mobility (notably for management
  staff), including supplementary pensions

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Overview results of the work programme 20032005
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III. Social Dialogue at EU level European
Social Partners Work Programme 2006-2008

• Contribution to and promotion of growth, jobs and
  the modernisation of the EU social model
• Reinforcement of social partners autonomy
• Focus on Europes 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 Europes
  labour market

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III. Social Dialogue at EU level European
Social Partners Work Programme 2006-2008

• New initiatives
• Joint analysis on the key challenges of Europes
  labour markets, and on that basis prepare
• joint recommendations on various issues
• a framework of actions on employment
• for negotiations on an agreement either on the
  integration of disadvantaged groups on the labour
  market or on lifelong learning
• Continuation of previous Work Programme
• Report on implementation of stress agreement
• Follow-up to framework of actions on gender
• Monitoring of the implementation of the European
  Growth and Jobs Strategy

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III. Social Dialogue at EU level European
Social Partners Work Programme 2006-2008
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IV. Tripartite concertation issues
In the framework of the Lisbon Strategy
Macro-economic policy including structural reforms
Issues
Education and Training
Employment policy
Social protection
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IV. Tripartite concertation structure
Discussions between social partners and public
authorities on economic and labour market issues
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IV. Tripartite concertation with the Council
COUNCIL
SOCIAL PARTNERS
With head of states and governments (Tripartite
social summits)
At ministerial level meetings with various
Council formations
At technical level meetings with the Employment
Committee, the Social Protection Committee,
DGVTs etc.
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IV. Tripartite concertation with the Commission
GOVERNMENTS
WORKERS
EMPLOYERS
Advisory Committees
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V. Other forms of involvement

• Management Boards of European Agencies
• European Foundation for the improvement of living
  and working conditions, Dublin
• European Agency for Safety and Health at Work,
  Bilbao
• Cedefop (vocational training), Thessaloniki
• European Training Foundation, Turin
• Steering Committee of the European Monitoring
  Centre on Change, Dublin
• Management Committee for Community Funds (ESF,
  Lifelong learning Programmes etc.)

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References for further reading

• Clauwaert, S. and Harger, S. (1999), Analysis of
  the Implementation of the Parental Leave
  Directive in the EU members states, Report 66,
  Brussels ETUI
• Clauwaert, S. (2002), Survey on the
  implementation of the part-time work
  directive/agreement in the EU member states and
  selected applicant countries, Report 73,
  Brussels ETUI
• Schömann, I., S. Clauwaert and W. Düvel (2003),
  Legal analysis of the implementation of the
  fixed-term work Directive, Report 76, Brussels
  ETUI
• ETUI and ETUC (eds.) (2003), Benchmarking
  Working Europe 2003, Brussels ETUI. (EN/FR/DE)
• ETUI and ETUC (eds.) (2004), Benchmarking
  Working Europe 2004, Brussels ETUI. (EN)
• ETUI and ETUC (eds.) (2005), Benchmarking
  Working Europe 2005, Brussels ETUI. (EN)
• ETUI and ETUC (eds.) (2006), Benchmarking
  Working Europe 2006, Brussels ETUI. (EN)
• Or ETUC Website Section Our Activities (
  http//www.etuc.org/r/59)

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References for further reading

• European Commission (1993) Communication
  concerning the application of the Agreement on
  social policy presented by the Commission to the
  Council and to the European Parliament, COM (93)
  600 final, Brussels CEC.
• European Commission (1996) Commission
  Communication concerning the Development of the
  Social Dialogue at Community level, COM (96) 448
  final of 18.09.1996, Brussels CEC.
• European Commission (1998) Communication
  "Adapting and promoting the social dialogue at
  Community level, COM (1998) 322 final of 20 May
  1998
• European Commission (1999) Social dialogue for
  success The role of the social partners in EU
  enlargement. The Warsaw conference, 1819 March
  1999, Brussels CEC.
• European Commission (2002), The European social
  dialogue, a force for innovation and change, COM
  (2002) 341 final, Brussels, 26 June 2002
• European Commission (2004), Partnership for
  change in an enlarged Europe Enhancing the
  contribution of European social dialogue, COM
  (2004) 557 final, Brussels, 12 August 2004

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References for further reading

• Or
• European Commission website  Social dialogue
  section 
• http//europa.eu.int/comm/employment_social/social
  _dialogue
• (where you can also find
• the publication The Sectoral Social Dialogue in
  Europe and
• the study (in French only) Sectoral social
  dialogue (Observatoire social européen, 2004) )

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