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Directorate-General for Employment and Industrial Relations

Directorate-General for Employment and Industrial Relations. Lisbon 28th April, 2017. Department for Employment and Vocational Training DSEFP. Department for Quality and Accreditation DSQA. Department for Conditions of Work DSCT.

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Directorate-General for Employment and Industrial Relations

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  1. Directorate-General for Employment and Industrial Relations Lisbon 28th April, 2017

  2. Department for Employment and Vocational Training DSEFP Department for Quality and Accreditation DSQA Department for ConditionsofWork DSCT Department for Collective regulation and labor organizations DSRCOT Department for Professional Relations (Lisboa) DSRP (L) Department for Professional Relations (Porto) DSRP (P)

  3. Maincompetences The Directorate-General for Employment and Industrial Relations has the task of supporting the design of policies on employment, vocational training, certification of training providers, regulation of access to professions and industrial relations and working conditions, including health and safety in the workplace. It is also responsible for the promotion of social dialogue, the prevention of collective labor conflicts and the promotion of collective regulation.

  4. DSEFP - Department for EmploymentandVocational Training

  5. Maintasks: • Preparationofpolicymeasures, legislationandregulationconcerningemploymentandvocational training • Drawingupreports, opinionsandcollectinformationrelatedwithregulatedprofessions

  6. ReferNetCoordination • Participation in theTechnicalCommittee for Post-SecondaryTechnological Training • Responsible for collectinformation for Labour MarketPolicy

  7. Participation in EMCO – EmploymentCommitte (Policyanalysisgroup) • NationalCoordinationoftheDirective 2005/36/CE ontherecognitionofprofessionalqualifications

  8. Nationalrepresentation in theCommitteeassistingtheEuropeanCommission for therecognitionofprofessionalqualifications • Participation in theInternalMarketInformationSystemattherecognitionofprofessionalqualifications

  9. DSQA – Department for Quality and Accreditation

  10. DSQA – Department for Quality and Accreditation • What we do: • Management of the certification system for VET providers: evaluation of the vet provider’s conditions and practices, using a specific quality standard defined by law • Legal framework: Portaria nº 851/2010 de 6 de setembro reformed by Portaria nº 208/2013, de 26 de junho)

  11. CERTIFICATION SYSTEM FOR VET PROVIDERS • Objectives: • Increase VET quality and credibility • Promote the external recognition of VET providers • Guarantee an appropriate use of the european and national public funds for VET Portugal has a quality assurance system for VET providers since 1997

  12. CERTIFICATION IS… A quality label for VET providersRecognizes the capacity for developing VET activities in the thematic areas in which they operate

  13. WHO CAN BE CERTIFIED AS A VET PROVIDER Private and public providers of all sectors of economic activities, registered in Portugal or in any EU member-state, that develop vocational and educational training (initial or continuous) in national territory

  14. BENEFITS FOR VET PROVIDERS • Recognition of quality in the market (by their clients) • Certified education and training • Access to public funding for training • Tax benefits • Public disclosure by DGERT CERTIFIED VET PROVIDER LOGO

  15. CERTIFICATION STANDARD FOR VET PROVIDERS LEGAL REQUIREMENTS Legal constitution of the organisation and its activities Human and material resources, pedagogical practices, training management procedures, evaluation and continuous improvement QUALITY REQUIREMENTS

  16. CERTIFICATION PROCESS INITIAL CERTIFICATION TO MAINTAIN CERTIFICATION PERFORMANCE AND RESULTS INDICATORS APPLICATION Submitted on line @ CERTIFICATION REGULAR AUDITS TECHNICAL EVALUATION (documentation or audit) EXTEND OR TRANSFER CERTIFICATION TOTAL OR PARTIAL WITHDRAWAL

  17. INITIAL CERTIFICATION Elements of application form: • HUMAN RESOURCES CURRICULA • PREVIOUS AND FUTURE PROJECTS • METHODOLOGIES AND INSTRUMENTS • MONITORING AND EVALUATION METHODS • ORGANIZATION ELEMENTS • PEDAGOGIC MATERIALS • FACILITIES AND EQUIPMENTS

  18. TO MAINTAIN CERTIFICATION VET provider give self-evaluation / results and indicators Focused on the compliance with the quality standard REGULAR AUDIT OF VET PROVIDERS Opportunity to stimulate results and continuous improvement

  19. SOME NUMBERS ABOUT CERTIFICATION (March 31/2017)

  20. THE CERTIFICATION TEAM 14 elements: • 2 coordinators • 10 technical staff • 2 administrative staff Functions - analysis, decision, monitoring, auditing certifica.dgert.mtsss.pt http://certifica.dgert.msess.pt

  21. DSCT – Department for Conditions Work

  22. Maintasks: • Elaborate political mesures or legislation, such as the transposition of EU directives; • Drawingupreports; • Negociation, support and thecnical intervention on the adoption of international and europeanacts; • Supportandthecnicalintervention in European Court lawsuits ( preliminaryruling, for instance); • Being part of thecnical groups in order to prepare a transposition or an EU instrument; • Giving contributions to reports andquestionnairesfrom international organizations and EU instituitions.

  23. ILO DIVISION • National representation of the Portuguese Delegation at the International Labour Conference; • We also provide technical support just for being a ILO member: • preparing the adopted labour instruments submission to our Parliament; • drawing impact assessments about Conventions ratifications; • drawing reports;

  24. Promoting better work conditions

  25. Legal framework • Constitution of the Portuguese Republic • Labour code (L. n.º 7/2009) • Special work contracts ( household, home workers, artists, athletes, dock work, fishing vessels, aerial work) • Occupational safety and health(L. n.º 102/2009; L. n.º 3/2014) • Accidents and work compensation (L. n.º 98/2009) • Compulsory arbitration (DL n.º 259/2009) • Procedure rules for infringements (L. n.º 107/2009)

  26. DIRECTIVES and DECISIONS:We are working on: • COMMISSION DIRECTIVE (EU) 2017/164 , of 31 January 2017, establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC, and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU. JOUE L 27, 1 February 2017 - Date of entry into force by 21 August 2018. • COUNCIL DIRECTIVE (EU) 2017/159 , of 19 December 2016, implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International LabourOrganisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers' Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) . - Date of entry into force by 15 November 2019. • DIRECTIVE (EU) 2015/1794 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, of 6 October 2015, amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers - Date of entry into force by 10 October 2017.

  27. COUNCIL DECISION (EU) 2015/2071of 10 November 2015 authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International LabourOrganisation as regards Articles 1 to 4 of the Protocol with regard to matters relating to judicial cooperation in criminal matters. • COUNCIL DECISION (EU) 2015/2037of 10 November 2015 authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International LabourOrganisation with regard to matters relating to social policy.

  28. Alreadydone : • DIRECTIVE 2014/54/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, of 16 April 2014, on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers. • DIRECTIVE 2014/67/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, of 15 May 2014, on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’).

  29. DIRECTIVE 2013/35/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, of 26 June 2013, on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC. • DECISION (EU) 2016/344 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work.

  30. How to prepare a good quality legal act: our guidelines • use the correct legist write model whenever you draft a legal act; • check that references are accurate; • advice when determining whether recast is appropriate in a given case; • legislative proposals should also foresee when, how, and on what basis legislation will be evaluated in the future; • Explain the legal basis of the proposal and justify; • Make an impact assessment; • be based on the EU recommendations for best practice; • incorporate principles and process elements.

  31. Coffe break

  32. DSRCOT - Department for Collective regulation and labor organizations

  33. Main tasks: • Prepare legislative and regulatory measures concerning organizations representing employees and employers; • Deposit [and promote the publication] of collective labor agreements, their revocation, membership agreements, arbitration decisions and deliberations of joint committees; • Prepare the administrative extensions of collective agreements and arbitration decisions; [the called «portarias de extensão»] • Prepare the regulations of minimum conditions for workers not covered by collective labor agreements;

  34. Prepare and promote the publication of notices about the date of termination of the validity of collective agreements; • Practice the acts related to representative organizations of workers and of employers; • Record the agreements on the establishment of a European Works Council or a procedure in Community-scale undertakings or Community-scale groups of undertakings for the purposes of informing and consulting employees, and the identity of members of representative structures of workers; • Organize and maintain databases on collective labor regulation and representative organizations of workers and employers; • Provide information on instruments of collective labor regulation applicable to the various sectors of activity and employers;

  35. The deposit of collective labor agreements The deposit is accepted if the agreement meets the following criteria: • To be celebrated by those who have the capacity to do so; • If refer: • Designation of the entities involved; • Name and quality of the representatives of the entities involved; • Scope of the sector of activity, professional and geographical application, except in the case of a revision that does not change the scope of the revised convention; • The signing date; • Agreement that was altered and the date of publication, if applicable; • Expressed values of basic remuneration for all professions and professional categories, if they have been agreed; • Estimate number of employers and workers covered;

  36. If attached the following documents: • By proxy, in case of signatory persons that don’t have hiring powers or are not members of the management of the trade union associations and employers associations or employers; • By consolidated text, at the third consecutive partial revision; • By electronic document of the agreement and the consolidated text. Decision: • The deposit shall be decided within 15 days of receipt of the agreement by the competent department. If not decided within the period referred shall be deemed to have been deposited. • The refusal [ i.e. non-acceptance] of the deposit shall be notified to the parties and the collective agreement, the consolidated text and the evidence of representation shall be returned. • The parties may enter into any formal or substantial changes to the convention while the deposit request is not decided.

  37. The administrative extensions of collective agreements Collective agreements or arbitration awards may be extended to employers and workers not affiliated to the signatory associations after their entry into force by extension regulations. Criteria's for the extension: • Existence of a request: signed by at least one trade union association and an employers' association of the collective agreement. • The request must indicate de the scope of the intended extension; • The employer subscribing to the collective agreement must meet one of the following criteria: • To have at least 50% of the employees in the sector of activity, directly or indirectly, in the geographic, personal and professional scope of the intended application; or • The number of its associates, directly or through the represented structure, be constituted by at least 30% by micro, small and medium companies;

  38. However, this criteria do not apply if the request excludes the micro, small and medium-sized enterprises; Decision: • The labor ministry is responsible for issuing the extension regulations, unless opposition to its issuance (in public assessment), in which case the competence is joint with that of the minister of the sector of activity covered; • The extension order can only be issued: • In the absence of collective agreement applicable in the same scope; • If there is economic and social identity or similarity of the situations to be covered by the extension with those provided for in the agreement to which it refers. • The backdated effectiveness of the extension of the clauses of pecuniary nature contained in the collective agreement may not exceed the first day of the month of publication of the extension order in the Diário da República.

  39. DSRP - Department for Professional Relations

  40. DGERT pursues, in the area of professional relations, the following tasks: • Conciliation and Mediation of collective labour conflicts, in particular those that result from the signing or review of a collective labour convention; • Participation in the information and negotiation phase between the employer and the representatives of workers in the collectivedismissal process; • Participation - preventing or overcoming any collective labour conflicts;

  41. Registration of prior notice strike warnings and promotion of the negotiation of agreements on the minimum services to be provided in strike situations in a company or organization which performs an essential social service and the means needed to ensure them; • Preparation of joint communication by the minister responsible for labour and the minister responsible for the sector about the definition of minimum services to be provided in strikes, in companies not belonging to the State's business sector, and the means necessary to ensure them.

  42. Monitoring of the negotiation procedure In accordance with the nº2 of the article 490º of the Labour Code “parties must send the proposals and answers, with the respective reasoning, to the ministry responsible for the labour area". In this context, DGERT follows the collective labour relations and the evolution of collective bargaining processes, in order to identify their trends, predict situations of conflict and prospect solutions.

  43. Table 1 - Proposals / counter-proposals sent to DSRP (2010 - 2016) Source : DGERT Graph 1 - Number of proposals / counter-proposals sent to DSRP (2010 - 2016) Source : DGERT

  44. ConciliationandMediationprocedures In accordance with the nº1 of the article 523º  of the Labour Code, “collective labour conflicts, in particular those that result from the signing or review of a collective labour convention, may be resolved by conciliation." In thatrespect, according to nº1 ofthearticle 524º of the Labour Code, conciliation, if requested, is promoted by the competent department of the ministry responsible for labour area - DGERT.

  45. In accordance with the article 526º ofthe Labour Code, collectiveconflict, in particular as a result of the conclusion or revision of a collective accord, may be settled through mediation, which may be requested at any time by agreement of the parties or at the initiative of one of the parties, one month after the beginning of the conciliation. In thatcontext, according to nº1 ofthearticle 527º of the Labour Code, mediation, if requested, is carried out by a mediator appointed by the competent department of the ministry responsible for the labour area - DGERT.

  46. FIGURE1 – COLLECTIVE NEGOTIATION PROCESS PROPOSAL COUNTER-PROPOSAL DIRECT NEGOTIATIONS CONCILIATION MEDIATION

  47. Table 2 - Conciliationsrequired (2010 - 2016) (*) 28 open and ongoing conciliation procedures Source: DGERT

  48. Graph 2 - Numberofrequiredconciliations (2010 - 2016) Source: DGERT

  49. Graph 3 – Completed conciliation proceedings (2010 - 2016) - Results Source: DGERT

  50. Table 3 - Mediation required (2010 - 2016) (*) 5 open and ongoing mediation processes Source: DGERT

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