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Influence of the European social dialogue on national level
Ljubljana, 28 September 2009Slawomir Adamczyk, ETUC
Dialogue between social partners is one of the pillars of
the European Union and as such guarantees of the
existence of european social model
Fundamental determinant of socio-economic development of Western Europe after the WW II
Equated with social achievements of European Community
The uniform ESM applied to every member state doesn’t exist but…
Although national models differ each other all refer to concept of „welfare state”
European social model
Idea of social justice and counteracting of exclusion Social policy as a factor to promote adjustment to
the economy changes (there is no contradiction between competition and social cohesion)
High level of organizing of interests and conducting negotiations between social partners themselves and also with public authorities
European social model – main principles
• High economic effectivenes• High level of social protection and eduction• Social dialogue
Definition adopted by European Council during the summit in Barcelona in 2002
European social model is constituted by:
1952 Treaty of Paris (ECSC)1958 Treaty of Rome (EEC)1972 Social dimension of integration is noticed
(Paris Summit) 1985 Informal meeting of ETUC, UNICE and CEEP
in Val Duchesse1986 Single European Act1991 Social Agreement ( attached as a protocol to
Maastricht Treaty)1997 Treaty of Amsterdam (art. 138 i 139 TEC)2000 The EU Charter of Fundamental Rights2007 Treaty of Lisbon (still not completed)
Development of legal basis for European social dialogue
Art. 138 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, taking care to ensure a balanced support of both sidesThe Commission consults social partners firstSocial partners can engage into a dialogue
Art. 139 of the Treaty
The Community level dialogue between the social partners can lead,
if they wish it, to contractual relations, including agreements.The implementation can be made either by an EU instrument or
through national channels
Treaty provisions
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 programmes for social
dialogue (2003-2005; 2006-2008 and 2009-2010).
Social dialogue: short history
Representing European workers
ETUC – European Trade Union Confederation;
Established in 1973; 82 member organisations in
36 countries; 60m workers; 12 European Industry
Federations; Eurocadres (professional &
managerial staff) FERPA (retired & older people)
European Social PartnersRepresenting European
employers
BUSINESSEUROPE – the Confederation of European Business;
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
Tripartite concertation (with the Commission and Council)
Consultation under article 138 TEC (concerning issues mentioned in article 137)
Bipartite dialogue (autonomous)- cross-sectoral- sectoral
Framework of dialogue at company level (information and consultation procedures)
Main forms of activity of European social partners
“Val Duchesse” social dialogue
Sectoral social dialogue
committees
TR
IPA
RTIT
EB
IPA
RTIT
E
EWC
Tripartite Social SummitMacroeconomic dialogue
Dialogue on employment, education, etc.
Consultation under article 138 TEC27 topics since 1993
Cross-industry Sectoral Company
AU
TO
NO
MO
US
The forms of European social dialogueThe forms of European social dialogue
improvement in particular of the working environment to protect workers' health and safety;
working conditions;
social security and social protection of workers;
the information and consultation of workers;
the integration of persons excluded from the labour market;
equality between men and women with regard to labour market opportunities and treatment at work;
the combating of social exclusion;
Some issues covered by obligatory consultations with social partners (article
137 TEC)
European social dialogue procedure under article 138 TEC
Proposal on the field of Proposal on the field of social policysocial policy
When appropriate – When appropriate – further action of the further action of the
CommissionCommission
When appropriateWhen appropriate – – independent action of independent action of
the Commissionthe Commission
European CommissionEuropean CommissionSocial PartnersSocial Partners
Consultation on possible direction
Consultation on possible content
Opinion or recommendation
Failure of negotiations
NEGOTIATIONS
9 months
AGREEMENT
OpinionIf action at If action at Community Community level desirablelevel desirable
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
Implementation
Follow-up at National level
InformationDiffusion
EU social dialogue - roles of actors
European social partners
European social partners
National social partners
National social partners CommissionCommission Member StatesMember States
Follow-upreports
Reference in national textsFollow-up
Financial supportFrameworks of action
GuidelinesCodes of conductPolicy orientations
Frameworks of actionGuidelines
Codes of conductPolicy orientations
Implementationreports
ImplementationIn national texts
MonitoringFinancial support FacilitationAUTONOMOUS
AGREEMENTS
AUTONOMOUSAGREEMENTS
Implementation reports TranspositionAGREEMENTSImplemented by Council decision
AGREEMENTSImplemented by Council decision
Consultation onimplementation
reports
Established in 1992, composed of 64 członków (equal number of employers and trade unions) Responsible for preparation of multi-annual joint work programmes Also monitors implementations of joint activities at national level
European social dialogue committee
1998 European Commission recommends to establish European sectoral social dialogue committees
2008 36 committees established, covering more than 60% EU employees, result: more than 350 joint opinions, recommendations, declarations, guidelines, codes of conduct, agreements (some of them transformed into EU directives).
European sectoral social dialogue
6 Framework agreements Agreement on parental leave, 14 December 1995
EU Directive 96/34/EC of 3 June 1996 Agreement on part time work, 6 June 1997
EU Directive 97/81/EC of 15 December 1997 Agreement on fixed term contracts, 19 March 1999
EU Directive 99/70/EC of 28 June 1999 Agreement on telework, 16 July 2002 > Implementation by SP Agreement on work-related stress, 8 October 2004 > Implementation by
SP Agreement on harassment and violence at work, 21 April 2007 >
Implementation by SP
EU social dialogue results
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
One Joint Labour Market Analysis, 18 October 2007
More than 50 joint reports, recommendations, declarations, opinions, compendia of good practices, etc.
EU social dialogue results
Three joint work programmes
– 2003-2005
– 2006-2008
– 2009-2010
Joint work on restructuring– Orientations for reference on managing
change and its social consequences, October 2003
– Lessons learned on European Works Councils, March 2005
– Study on economic change in EU-27 (ongoing)
Technical assistance activities (ongoing)
EU social dialogue results
Context and priorities
Contribution to and promotion of growth, jobs and the modernisation of the EU social model
Reinforcement of social partners autonomy Focus on Europe’s 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 Europe’s labour market
Work programme 2006-2008
Main achievements Joint analysis on the key challenges of Europe’s labour markets
Adopted in October 2007 Contribution of SPs to the flexicurity debate at EU level Joint recommendations of SPs to public authorities at EU and national levels
Negotiation of a framework agreement on inclusive labour markets Negotiations started in October 2008
Ongoing implementation of European social dialogue tools Framework agreement on work related stress Framework agreement on harassment and violence Framework of actions on gender equality Integrated programme of technical assistance
Work programme 2006-2008
Consultations of EU social policy (art. 138 of the Treaty) have very concrete effects at lower levels and also national social partners can influence European policy in this respect
Exchanging of best practices between social partners can improve their activity concerning specific issues (frameworks of actions. guidelines, etc.)
Disseminating and implementation of standards concerning working environment contributes to development of „Social Europe”
In new Member States ESD supports to build capacity and autonomy of social partners
What influence of European social dialogue on national level?
IImplementationmplementation of of European European agreement on teleworkagreement on telework in Poland in Poland
Great challenge – no practice of collective bargaining at cross-sectoral level, low representativity of social partners
The „pioneer” work – 6 months of bipartite negotiations (only technical assistance provided by the Ministry of Labour)
The voluntary agreement concluded and its basic rules transformed into binding law on SP request by the government
The added value of the joint work : - dissemination of knowledge on the role of European social dialogue
in decision making process and the consequences for the national level
- building new forms of relationship between social partners
The European social dialogue supplemented by effective structures of national one can establish suitable environment for modern, future-oriented economy with strong social dimension in Europe. It only depends on social partners whether they
are able to cope with this challenge.
Hvala Lepa !
And final remark…