IP FLEXEM TER

OULU

FINLAND

2007

THIS HAPPENS WHEN THERE IS NO SOCIAL DIALOGUE !

Flexibility of the Social Dialogue

Elisabeth Büttner, GermanyGabriele Gamberini, Italy

Elvira Kasteel, The NetherlandsSandra Melús Cunquero, Spain

Dainius Navickas, LithuaniaAlessandro Nepi, Italy

Ernestas Rigertas, LithuaniaBianca Rotthier-Willems, Belgium

Table of contents

General Introduction Legal differences

European framework

Constitutions

Legislation

Sociological data and figures

Structure of trade unions Wage-setting Differences between men and women

Consequences of the actual situation

Recommondations

Introduction to the Social Dialogue:

A Definition “Negotiation, consultation or simply exchange of information

among representatives of governments, employers and workers”

• EU Level

• State Level

• Plant Level

Normative sources of the Social Dialogue

European framework (Art. 136, 137, 138, 139 of the Treaty; Art. 27, 28 of Nice Charter)

Constitutions

Legislation

European Framework

• Art. 136: Social Dialogue as an objective

• Art. 137: Implementation of directives to the social partners’

• Art. 138: Social partners’ role at the EU level

• Art. 139: Collective bargaining at the EU level

• Art. 27, 28 Charter of Nice : Fundamental Rights

Constitutions

• Principle of freedom of collective bargaining

• Trade union freedom

• No mention in the Netherlands’ system

LegislationSources of regulation of social dialogue:

• Laws and collective labour agreements (Belgium, Italy, Finland)

• Laws only (Germany, Spain, Lithuania and The Netherlands)

Bargaining hierarchy implemented;

• but in some countries (i.e. Germany) it may depend on practice of opening clauses

Different system of representation:

• Single channel (Germany, Italy, Lithuania, Finland)

• Dual channel (Belgium, Spain, The Netherlands)

General body of representation:

• Belgium: workers and management• Other countries: workers only

Conditions of establishing a trade union:

• No restrictions for small companies

• Avoiding inadequate representation (so called ”yellow trade unions”)

Criteria to decide which trade union should represent workers

Membership of trade unions

• Differences in representation

• Differences between age, gender, sector and occupation

• Loss of power for trade unions due to the shifting from sector level to company level

Industrial Relations in Europe 2006Net trade union membershiop density according to age

0

10

20

30

40

50

60

70

80

90

Belgium Finland Spain Italy Germany The Netherlands Lithuania

Countries

-30

30 - 49

50+

Industrial Relations in Europe 2006Net trade union membership density according to gender

0

10

20

30

40

50

60

70

80

90

Belgium Finland Spain Italy Germany The Netherlands Lithuania

Countries

Male

Female

Industrial Relations in Europe 2006Net trade union membership density according to sector

0

10

20

30

40

50

60

70

80

90

100

Belgium Finland Spain Italy Germany The Netherlands Lithuania

Countries

Industry

Services

AHS

PMS

Industrial Relations in Europe 2006Net trade union membership density according to occupation

0

10

20

30

40

50

60

70

80

90

Belgium Finland Spain Italy Germany The Netherlands Lithuania

Countries

White-collar

Skilled blue

Unskilled blue

Level of collective bargaining involved in wage-setting

0

1

2

3

Belgium Germany Spain Italy Lithuania The Netherlands Finland

Countries

Impo

rtanc

e

Inter-sectoral level

Sectoral level

Enterprise level

Industrial Relations in Europe 2006

Employees on low wages

0

10

20

30

40

50

60

Belgium The Netherlands Spain Italy Germany Lithuania Finland

Countries

Perc

enta

ge

Men

Woman

Total

Industrial Relations in Europe 2006

Structure of trade unions• are organised on:

- sector base

- occupational base

● countries are organized :

- a dominant trade union

- a few dominant trade unions

Consequences of the actual situation

• Close link between implementation and historical development

• Depending on strength of legal structures - low - high

• Power and influence of trade unions – sufficient impact?

• Loss of competitiveness?

• Increase of collective bargaining on plant level

- specifying on local needs

• Flexibility of the local level

- depends on different

backgrounds

- freedom to adapt

superordinated collective

agreements

Conclusions

Proposals

• Stop the trend of declining membership number of trade unions

• Improve the information flow between different levels

• Framework

ASSIMILIATED BUT NOT UNIFORM SYSTEM!!!

Generally binding agreements

German system of „opening-clauses“

Clear separation of competences between work council and trade unions

Assimiliated system of European Social Dialogue

Thank you for your support!!

• Ricardo Del Punta

• Guido Boni

• Rytis Krasauskas

Thank you for your attention!

Are there any questions?