11

Social Dialogue Social Dialogue European levelEuropean level

Budapest 21 February 2011Budapest 21 February 2011

22

Several levelsSeveral levels

Inter-sectoral Inter-sectoral

Macro-economicMacro-economic

Sectoral Sectoral

Company (EWCs)Company (EWCs)

33

A A Strong institutional recognitionStrong institutional recognition

ART 154 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,

[Consultations]

ART 155 of the Treaty

Should management and labour so desire, the dialogue may

lead to contractual relations, including agreements

[Negotiations]

44

Mechanisms of the social subsidiarity Mechanisms of the social subsidiarity

Legislativeprocess

Council (+/- Parliament)

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

55

General cross-industry organisation&

Cross-industry organisations representing certain categories of workers or undertakings

ETUC, BusinessEurope, CEEP, UEAPME, CEC, Eurocadres

Sectoral organisations representing employersEurelectric, Eurogas, 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

The European social partnersThe European social partners

66

How does it work?How does it work?

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 partnersThe social partners"Autonomy and responsibility""Autonomy and responsibility"

77

The Charter of The Charter of FundamentalFundamental Rights Rights   Article 12 : Freedom of assembly and

of association

“Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.”

88

The Charter of Fundamental RightsThe Charter of Fundamental Rights

Article 27 : Workers' right to information and consultation within the undertaking

“Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices”.

99

The Charter of The Charter of FundamentalFundamental Rights Rights  

Article 28 : Right of collective bargaining and action

“Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action”.

1010

Consultations (examples)Consultations (examples)

Carcinogens, mutagens and reprotoxic Carcinogens, mutagens and reprotoxic substancessubstances

Musculoskeletal disordersMusculoskeletal disorders Active inclusionActive inclusion European Works CouncilsEuropean Works Councils Needlesticks Injuries Needlesticks Injuries Electromagnetic fields and health and Electromagnetic fields and health and

safetysafety Working TimeWorking Time

1111

1.1. Framework agreement on Framework agreement on parental leaveparental leave, 1995, 1995

2.2. Framework agreement on Framework agreement on part-time workpart-time work, 1997, 1997

3.3. European agreement on the organisation of European agreement on the organisation of working time of working time of seafarersseafarers, 1998, 1998

4.4. Framework agreement on Framework agreement on fixed-term workfixed-term work, 1999, 1999

5.5. European agreement on the organisation of European agreement on the organisation of working time of working time of mobile workers in civil aviationmobile workers in civil aviation, 2000, 2000

6.6. Agreement on certain aspects of the Agreement on certain aspects of the working conditions of working conditions of mobile workersmobile workers assigned to interoperable cross-border services, assigned to interoperable cross-border services, 20052005

7.7. Agreement on the Agreement on the maritime labour conventionmaritime labour convention, 2008, 2008

8.8. Protection of workers against Protection of workers against sharp injuriessharp injuries in hospitals and in hospitals and Healthcare (2009)Healthcare (2009)

7 Agreements implemented by 7 Agreements implemented by Council decisionCouncil decision

1212

Framework agreement on Framework agreement on teleworktelework, 2002, 2002

Agreement on the European licence for drivers Agreement on the European licence for drivers carrying out a carrying out a cross-border interoperability cross-border interoperability serviceservice, 2004 , 2004

Agreement on Agreement on StressStress at work, 2004 at work, 2004

Social Dialogue Agreement on Crystalline Social Dialogue Agreement on Crystalline SilicaSilica, , 20062006

Harassement and Harassement and violenceviolence at work, 2007 at work, 2007

5 Autonomous Agreements 5 Autonomous Agreements

Macro-economic levelMacro-economic level

European intersectoral social European intersectoral social partners with European Commission, partners with European Commission, European Central Bank, Presidency, European Central Bank, Presidency, Economic Policy Committee, Economic Policy Committee, Employment CommitteeEmployment Committee

More important with the European More important with the European Semester – Annual growth survey ?Semester – Annual growth survey ?• Dialogue with the Euro-Zone Ministers ?Dialogue with the Euro-Zone Ministers ?

1313

Sectoral levelSectoral level

Electricity employers and trade Electricity employers and trade unionsunions

1414

1515

Sea transportRoad transportCivil aviation

Inland navigationRailways

ElectricityGas

Personal servicesCleaning industryPrivate security

Live performanceAudiovisual

Professional cyclingFootball

SteelShipbuildingAutomobile

Non ferrous metalMetal sector

Textile/clothingTanning/leather

Footwear

HospitalsLocal government

Central administrationEducation

TelecommunicationsPostal services

AgricultureExtractive Industry

Sea fishingSea Ports

HorecaCatering

CommerceBanking

Insurance

Construction

Chemical

WoodworkingFurniture

Sugar

Temporary agency work

35 Sectoral Committees

Electricity: A sector in evolutionElectricity: A sector in evolution

Electricity-related legislation:Electricity-related legislation:(non-exhaustive list)(non-exhaustive list)

Nuclear Safety Nuclear Safety (1958 →)(1958 →) Internal Market Internal Market (1996 (1996 →→)) Promotion of Renewable Energy Promotion of Renewable Energy (2001 (2001 →→)) Reduction of Carbon Emissions Reduction of Carbon Emissions (2003 (2003 →→)) Energy Efficiency Energy Efficiency (2004 (2004 →)→) Security of Supply Security of Supply (2005 (2005 →)→) TransportTransport (2009 →)(2009 →)

Social Dialogue & Management of Change in Social Dialogue & Management of Change in the Electricity Sectorthe Electricity Sector

20112011 ???? Joint postions on Just Transition ? Skills and Joint postions on Just Transition ? Skills and Qualifications ? Energy Road Maps 2050 ?Qualifications ? Energy Road Maps 2050 ?

20102010 Joint Position on introduction of smart metersJoint Position on introduction of smart meters 20092009 Joint Position on the social aspects ofJoint Position on the social aspects of

Corporate Social ResponsibilityCorporate Social Responsibility 20082008 Toolkit + Best Practices Guide on Toolkit + Best Practices Guide on RestructuringRestructuring & &

Toolkit on the management of Toolkit on the management of Demographic ChangeDemographic Change 20072007 Joint Declaration on Joint Declaration on employment effectsemployment effects of the of the

openingopening of gas & of gas & electricity marketselectricity markets 2005/20062005/2006 Report + Toolkit + Best Practices Guide onReport + Toolkit + Best Practices Guide on

Equal Opportunities & DiversityEqual Opportunities & Diversity 20042004 Joint Report on the Joint Report on the Future Skills NeedsFuture Skills Needs 20022002 Joint Report on Joint Report on Lifelong learningLifelong learning 20002000 Joint Declaration on Joint Declaration on Social ImplicationsSocial Implications of the of the

Internal Electricity MarketInternal Electricity Market

1919

BargainingBargainingCoverageCoverage

More80%

Around60%

Less40%

Less25%

European Commission

Company levelCompany level

European Works CouncilsEuropean Works Councils Transnational Company agreementsTransnational Company agreements

2020

Employees (2009)Employees (2009)

050.000

100.000150.000200.000250.000300.000350.000400.000

Key Characteristics

COMPANY Country State of Affairs

Veolia France EWC

GdfSuez - Electrabel

France EWC

RWE Germany EWC

EON Germany EWC

EON Trading SE Germany EWC

ENEL (Endesa) Italy EWC

Vattenfall Sweden EWC

EDF France EWC

EVN Austria EWC

Statkraft Norway EWC

CEZ Czech Republic EWC

Delta Netherlands EWC

Fortum Finland EWC

Elia Belgium exploration

Verbund Austria exploration

Iberdrola Spain discussion

Dong Denmark exploration

Tennet Netherlands exploration

2424

the legal frameworkthe legal framework

definitionsdefinitions◄“information”

transmission of dataget acquainted with the subject matter and examine itat such time, in such fashion and and which such content as are appropriateundertake an in-depth assessment of the possible impactprepare for consultations

◄“consultation”

at such time, in such fashion and with such content as to enableto express an opinion about the proposed measureswhich may be taken into accountwithout prejudice to the responsibilities of the management

Two Meetings !

New Development: Transnational New Development: Transnational Company agreementsCompany agreements

Rules in EPSU on mandates/ Rules in EPSU on mandates/ decisionsdecisions

Examples: CSR in Gdf; ongoing in Examples: CSR in Gdf; ongoing in GdfSuez on equalityGdfSuez on equality

2525