SOCIAL DIALOGUES AND WORKERS’ RIGHTS IN EUROPE

1. SOCIAL DIALOGUES AND WORKERS’ RIGHTS IN EUROPE by Claudio Stanzani 2008

2. “There is no progress towards social Europe without the capacity of the trade union movement to project its initiative on a European scale and increase the ETUC’s role as the unitary actor of this scheme.” Emilio Gabaglio

3. THE NOTION OF SOCIAL DIALOGUE • European-scale industrial relations are contained in the concept of social dialogue, which has progressively taken hold as a unifying expression of differentiated rules and experiences in the Member States with regard to the arrangement and development of sad relations. • It is a concept that is generally considered not to be univocal, to the extent it meets, at the European level, needs and experiences that differ in nature, methods, and objectives.

4. The practices and provisions of the treaty distinguish between two meanings of the social dialogue which are distinct but complementary: • social dialogue meant as relations between the Community authorities and the social partners and • the direct relations among the social partners themselves, and the dialogue aiming to structure the direct relations among the social partners themselves.

5. The Commission-Council-social partners relations are expressed through instruments such as mutual information (for example, on the strategic orientations of the institutions and the trade union and entrepreneurs’ organisations at the economic and social level), the consultation of the parties (for example, on objectives, action programmes, and regulatory initiatives, in particular with regard to labour and social legislation), and concertation, whose contours are becoming clearer (for example, regarding the macroeconomic and employment policies) and developing into diversified structures.

6. The direct relations among the partners take, at both the interconfederal and the sectoral levels, the form of discussions between the trade union and entrepreneurs’ organisations on numerous aspects of the regulation of collective and individual labour relations belonging to the sphere of their prerogatives and responsibilities.

7. These discussions take the form of: • mutual information, • free discussions, and • exchanges of opinions, without either barring a priori or obligatorily demanding results, • the issue of opinions or recommendations addressing the Community institutions, • agreements or, with different legal effectiveness, common opinions.

8. THE EUROPEAN WORKERS’ ORGANISATIONS ETUC European sectoral trade union federations THE ACTORS OF THE EUROPEAN SOCIAL DIALOGUE

9. THE EUROPEAN ENTREPRENEURS’ ORGANISATIONS • UNION OF INDUSTRIAL EMPLOYERS’ CONFEDERATIONS OF EUROPE (BUSINESSEUROPE) • THE CENTRE OF ENTERPRISES WITH PUBLIC PARTICIPATION AND ENTERPRISES OF GENERAL ECONOMIC INTEREST (CEEP) • EUROPEAN UNION OF CRAFTS AND SMALL AND MEDIUM-SIZED ENTERPRISES (UEAPME)

10. FORUMS AND RESULTS OF INTERPROFESSIONAL SOCIAL DIALOGUE • Chaired by a Commission representative, the Social Dialogue Committee (1992) plays an important role • The joint working groups are where the discussions between the partners concerning themes of common interest (labour market, education and training, macroeconomic policies, etc.) take place. • The negotiation of agreements takes place in ad hoc joint groups, chaired by independent individuals chosen by the Commission in agreement with the social partners.

11. The results of the interprofessional social dialogue: • six agreements: parental leave (1995), part-time work (1997), fixed-term work, (1999), telework (2002), stress (2004), harassment in the workplace (2006) • Key challenges facing European labour markets: European Social partners joint analysis (Brussels, October 2007) - negotiations broken off: temporary work (2001) - separate opinions: European works councils (1993), burden of proof in sex discrimination complaints (1995), prevention of sexual harassment in the workplace (1996), information and consultation of workers (1997), protection of workers’ rights in case of insolvency of the employer (2000), protection of workers against asbestos exposure (2000), health and safety of self-employed workers (2000) - consultations: protection of employees’ personal data (2001);the negotiation concerning restructuring management ended in June 2003 with a “technical” agreement.

12. FORUMS AND RESULTS OF THE SECTORAL SOCIAL DIALOGUE • Sectoral social dialogue began in the 1970s within the joint committees. • These structures were attributed a dual role: • consultative on the Commission’s proposals concerning the industrial and economic policies specific to each sector, which may have repercussions on the workers’ rights, • and searching for negotiation spaces for the purpose of harmonising the living and working conditions of the employed labour.

13. THE FIRST WORK PROGRAMME OF THE SOCIAL PARTNERS Approved on 28 November 2002, the first work programme envisages a rich series of actions to be implemented during the 2003-2005 three-year period, and is broken down into three chapters: employment, enlargement, and mobility.

14. THE SECOND WORK PROGRAMME OF THE SOCIAL PARTNERS 23/03/2006 - European Social Partners present their Work Programme for the Social Dialogue 2006-2008

15. The aim of this work programme is to contribute to growth, jobs and the modernisation of the EU social model. It reflects a joint wish to further establish the social partners’ autonomy and builds on the achievements of the previous programme, which covered the period 2003-2005.The EU social dialogue work programme 2006-2008 includes a joint analysis of the key challenges facing Europe's labour markets, the negotiation of a framework of actions on employment and one autonomous framework agreement. Other initiatives include studies on restructuring in the EU, capacity building for the social dialogue in new Member States and candidate countries and the development of a common understanding of social dialogue instruments.

16. The enlargement of the EU offers a new building ground for interprofessional and sectoral dialogues

17. THE COMMISSION’S SUPPORT In its Communication “The European social dialogue, a force for innovation and change”, COM(2002) 341 final, 26 June 2002, the Commission expressed its ideas on the future of interprofessional and sectoral social dialogue, as an instrument for a better governance and promotion of social and economic reforms, and proposed its strengthening through adequate measures.

18. INFORMATION, CONSULTATION AND PARTICIPATION RIGHTS IN THE LAW OF THE EUROPEAN UNION The acquis communautaire are a consolidated body of regulatory works that makes the information, consultation and participation rights a paradigm of Community social law, which has risen to the rank of fundamental right of workers and/or their representatives in the Community Charter of Fundamental Social Rights solemnly approved in Strasbourg in 1989 and, as such, reconfirmed by the European Charter of Nice in December 2000.

19. DIRECT INFORMATION OF WORKERS • Council Directive 91/533/EC of 14 October 1991 on: THE EMPLOYER'S OBLIGATION TO INFORM THE EMPLOYEE ABOUT THE APPLICABLE CONDITIONS ON THE LABOUR AGREEMENT OR ON THE WORKING RELATIONSHIP

20. INFORMATION, CONSULTATION AND PARTICIPATION IN THE CONTEXT OF INDUSTRIAL RESTRUCTURINGS AND HEALTH PROTECTION POLICIES IN WORKPLACES • COUNCIL DIRECTIVE 75/129/EC OF 17 FEBRUARY 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COLLECTIVE REDUNDANCIES • COUNCIL DIRECTIVE 77/187/EC OF 14/2/1977 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE SAFEGUARDING OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS, BUSINESSES OR PARTS OF UNDERTAKINGS OR BUSINESSES • COUNCIL FRAMEWORK DIRECTIVE 89/391/EC OF 12/6/1989 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN SAFETY AND HEALTH OF WORKERS AT WORK

21. THE NATIONAL DIMENSION OF INFORMATION AND CONSULTATION • DIRECTIVE 2002/14/EC ESTABLISHING A GENERAL FRAMEWORK FOR INFORMING AND CONSULTING EMPLOYEES IN THE EUROPEAN COMMUNITY

22. THE TRANSNATIONAL DIMENSION OF INFORMATION, CONSULTATION AND PARTICIPATION OF WORKERS • DIRECTIVE 2009/38/EC (recast of the directive 94/45/EC) ON THE ESTABLISHMENT OF A EWC -EUROPEAN WORKS COUNCIL OR A PROCEDURE IN COMMUNITY-SCALE UNDERTAKINGS AND COMMUNITY-SCALE GROUPS OF UNDERTAKINGS FOR THE PURPOSES OF INFORMING AND CONSULTING EMPLOYEES

23. THE INVOLVEMENT OF EMPLOYEES IN THE EUROPEAN COMPANY • COUNCIL DIRECTIVE 2001/86/EC OF 8 OCTOBER 2001 SUPPLEMENTING THE STATUTE FOR A EUROPEAN COMPANY WITH REGARD TO THE INVOLVEMENT OF EMPLOYEES • DIRECTIVE 2003/72/EC CONCERNING THE ROLE of EMPLOYEES IN THE EUROPEAN COOPERATIVE SOCIETY • DIRECTIVE 2005/56/EC on cross-border mergers