tripartite social dialogue in slovenia – trade union perspective
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TRIPARTITE SOCIAL DIALOGUE IN SLOVENIA –
TRADE UNION PERSPECTIVE
Metka Roksandić, Slovenia
TAIEX Workshop on Social dialogue
Kyiv, 5-6 December, 2013
International Covenant on Economic, Social and Cultural Rights (1966)
Article 8a) The right of everyone to form trade
unions and join the trade union of his choice, subject only to the rules of the organization concerned, for
the promotion and protection of his economic and social interests. …
(c) The right of trade unions to function freely subject to no limitations other than those
prescribed by law and which are necessary in a democratic society in the interests of national security
or public order or for the protection of the rights and
freedoms of others;
Constituion of Slovenia (1991)Article 76
(Freedom of Trade Unions)The freedom to establish, operate, and join trade unions shall be guaranteed.
Article 77(Right to Strike)
Employees have the right to strike.Where required by the public interest, the right to strike may be restricted by
law, with due consideration given to the type and nature of activity involved.
FREEDOM OF ASSOCIATION PRECONDITION FOR STRONG
TRADE UNIONS, STRONG PARTNERS
Law on Trade Union Representativity (1993)- legal personality; no min treshold for set up TU- representativity; 10%- confederations, 15%-in sector,
profession, municipality…in company representative every
TU affiliated to already represent. national TU, regardless of number of TU members, proving by checking members’ inscriptions
Trade
TRADE UNION OPERATION
Rule book on trade unions’ statutes record (1993)
defining official procedure on keeping records on TU statutes, no formal decision or decree needed.
Trade union organization is set up only by decision of its members by adoption of statute , it is private law-legal person, no legislation for seting up; only statistical registration and tax number registration needed for operation
LEGISLATION CONCERNING COLLECTIVE BARGAINING, WORKERS’ PARTICIPATION, IMPLEMENTATION OF
WORKERS LABOUR AND SOCIAL RIGHTS AND COLLECTIVE
AGREEMENTS ADOPTED – SPECIAL INSTITUTIONS WERE SET UP IN EARLY
90’TH,
ALSO ECONOMIC - SOCIAL COUNCIL
ECONOMIC AND SOCIAL COUNCIL OF SLOVENIA
- Tripartite body- no legal base, only ministerial decree (1994) after huge wave of strikes and non-posible shock-therapy,
- Result of needs, striving for peaceful labour relations in times of transition,
- Strong TU, centralized employers’ org., inclusive, centralized collective bargaining,
- employers, trade unions, government
RESULTS OF ESC WORK
- succesful implementation of economic and social reforms in transition period, integration to the EU, international economy, - social justice, social peace –
precondition for social economic development of
country- 3 social agreements,
- 5 wage agreements in 12 years,- social legislation, …
SOCIAL DIALOGUE TESTED -AFTER JOINING THE EU AND
IN CRISES- new governm.central right coalition
2004-proposed radical neoliberal reforms, flat tax rate proposed, huge
wave against,social dialogue breakdown in 2005,
- governm. changed orientation to agreed
reforms solutions, negotiations on new social pact started in
2006, - in 2008 new governm.central left coalition-new vision of the ESC-only
consultation body
IMPORTANT 2010!- agreed economic and anti-crises
measures in ESC in 2009,- spontanious strikes in two big
companies,- huge decline in economic activity,
government proposal for social pact 2010-2011,demanding no TU actions
during negotiations,- in 2010 new governm Slovenian exit
strategy 2010-2013, package of economic policy, structural measures
combating crises
- discussions in ESC, no political will for any changes of proposals,
- new law on minimum wages in March 2010, negative opinion of employers,
- no discussions in ESC anymore inspite employers proposal for immediate meetings,
- Government see ESC as advisory body, some important legislation sent to the Parliament without any prior discussion with social partners,
- at the end of 2010 ESC meet after TU demands, no consensus, both social partners against the govern. changes.
- first half of 2010 – government lost 3 referendums on mini jobs, pension reform and illegal work, initiated by Trade Unions, NO to non consensual legislation,
- december 2011 – first early national elections in Slovenia ever, new central right coalition,
- 2012 – ESC faced with austerity measures proposed by government, TU strikes, pension reform, labour market reform,…
- pension reform agreed in december 2012,implemented in 2013, labour market reform adopted 2013,
- new government in March 2013 again
LESSONS LEARNED SLOVENIA (1)
Tripartite dialogue preconditions for building society in transition (succes story Slovenia – adoption of necessary legislation) and beyond that,
Tripartite dialogue for adopting national legislation needed , also in time of crises (austerity measures),
LESSONS LEARNED-SLOVENIA (2)
• social dialogue is solution toward conflicts in
industrial relations, still,
• Tripartite dialogue a cornerstone of suistanable economic and social development of society, applying values as equality, fairness, solidarity,
LESSONS LEARNED – SLOVENIA (3)
• strong social partners and positive govern. attitude needed in the process,
• pro-active and responsible role of all partners and constant capacity building.
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