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"