National practices of information

and consultation

ETUI _ Dublin – 1 March 2013

Christian Welz

Eurofound – European Foundation for the Improvement of Living and Working Conditions

www.eurofound.europa.eu

1. Terms of reference

2. Key outputs

3. Analytical framework and country studies

4. Analytical report

5. Case studies

6. Conclusions

7. Policy lessons

TOC

• to map, analyse and assess recent experiences in

practice of I&C at national level in context of

Directive 2002/14/EC

• to build upon, complement and deepen findings of

2010 EIRO comparative analytical report

• impacts of directive on national I&C practices

• effectiveness of national I&C practices

• report finalised by end of 2012 by

J. Donaghey, M. Carley, J. Purcell, M.Hall_Warwick)

1. Terms of reference and approach

• analytical report

based on desk research including literature review of both

academic publications and policy documents

• case studies

12 company-level case studies

2 in each of 6 MS

analysing practical operation of I&C in differing national

contexts

2. Key outputs

• broad EU-level regulatory standards → national-level

legal frameworks → company-level approaches to I&C

• path dependent national responses to Directive?

• scope for double subsidiarity – enabling adaptation of

I&C arrangements to national as well as organisation-

specific conditions?

• are cases active consulters?

3. Analytical framework

3. Analytical framework

Factor Level Research questions

Path dependency National • Is the Directive a departure from national traditions?

• How have national systems influenced implementation (e.g. single or dual channel; mandatory or triggered right)?

(Double) subsidiarity National/ organisational

• Is there a national template for I&C?• How much scope is there for organisation-

specific arrangements?

Active consultation? Organisational • Do the case studies provide evidence of dialogue with a view to reaching agreement?

• What is the balance between direct communication methods and representative consultation?

• no change or virtually no change:

AT, FR, DE, NL, PT, SI

• minor change

CZ, DK, FI, GR, HU, LT, LV, NO, SK, SE (BE, ES, LU)

• major change

BG, CY, EE, IE, IT, MT, PL RO, UK

4. 2010 CAR

• MS with major change (BG, CY, EE, IE, IT, MT, PL

RO, UK)

greatest effect on incidence in BG, PL and UK

• IE > little change in the incidence

• CY and MT > there no evidence of change

• EE and SK > signs of some overall decline

• general statutory (BG, CY, MT, RO) vs. more

organisation specific routes (IE, UK)

4. Analytical report

• BG, IE, PL and UK

•

use trigger mechanisms (10% of employees)

no significant interest of employees

BG and PL > also TU trigger > more used

4. Analytical report

• MS with minor / no change

variety of moderate upward or downward movements in

the incidence

IT > giving statutory basis to an pre-existing

agreement-based solution

DK, SE > extension to the quite small parts of their

economies not covered by CAs

4. Analytical report

• MS with minor / no change

BE, LU enhanced employee representatives' I&C

rights in some SMEs

EE, SK changed the structure / relationship of their

existing I&C channels

- fall in union-based representation and a rise in

elected representatives

4. Analytical report

• MS with minor / no change

limited scope for CA taking on greater role (CZ, GR, LU)

SE > statute taking on somewhat larger role, yet for

limited proportion of workforce

4. Analytical report

• academic literature

• predominantly English language publications,

focussing mainly on UK and Ireland and CEE

countries

• key themes

• implementation in voluntarist IR systems

• organisational responses to I&C legislation

• implications for trade unions

4. Analytical report

• directive was insufficiently strong to generate major

institutional change in any particular MS

• MS transposed in such a way that their existing systems were

largely protected from change

widespread indifference of the social partners

• thus, effect of implementation was mediated by the national

IR systems in both groups

path dependency played an important role in shaping the effect of

the legislation

4. Analytical report_ conclusions

5. Case study selection

Country IR system Impact of Directive

Denmark Nordic Minor

Greece Mediterranean Minor

Netherlands Continental None/virtually none

Poland Central East European Major

Slovenia Central East European None/virtually none

UK Anglo-Saxon Major

• 2 cases per MS: 1 manufacturing, 1 services

• case studies in companies that

meet national workforce size thresholds for I&C rights

have undergone significant organisational change

have requisite employee representation arrangements in

place

• semi-structured interviews with management and

employee/union representatives

5. Case studies

5. Case studies

5. Case studies

• organisations engaging with directive generally better

end of practice

• most active in consultation

DenPharma, DutchAirline/Pharma, UKIT, GRBrewery

major organisational changes tempered

• less active consultation

managerial decisions not altered but implementation

changed

5. Case study trends

• managements with culture of supporting active

consultation were more likely to engage meaningfully

I&C

• active consultation meant significant investment into

supports for consultation

• crisis

DenPharma > robust I&C > more & better I&C

UKManU > weak I&C > more managerial unilateralism

5. Case study trends

• impact of I&C directive > limited

• some impact in MS without pre-existing statutory

rights

• no significant upturn in quantity and quality of I&C

bodies

• double-subsidiarity trap

weak legislation > voluntary agreements > little impact

• path dependency > prevalent

6. Conclusions

• directive had a nudging role

encourage organisations to install/strengthen I&C

organisational dynamics

• need for active promotion

• level of "beneficial constraint" > insufficient

national practices do not always ensure the adequate,

effective and timely I&C

• strong role of path dependency & subsidiarity

6. Policy lessons

christian.welz@eurofound.europa.eu

http://www.eurofound.europa.eu

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