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…