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Industrial Relations

Industrial Relations

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Industrial Relations

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  1. IndustrialRelations

  2. Legislation Mobility - Gender equality Working conditions - Health and Safety Social Policy Agenda European Social Dialogue European Social Funds Open Method of Coordination Employment Social protection

  3. What place for social dialogue at European level?A Strong institutional recognition 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 sides. ART 139 of the Treaty The Community level dialogue between the social partners can lead, if they wish it, to collective bargaining, including agreements. Barcelona European Council The European social model is founded on a healthy economy, a high level of social protection, education and social dialogue. Constitution Article I - 48

  4. Understanding Art. 138 & 139 Council Social Partners Commission Consultation No negotiation or failure Negotiation Opinions Legislative process Extension procedure Agreement implemented by a Decision Autonomous Agreement – to be implemented by social partners NATIONAL PROCEDURES & PRACTICES LEGISLATION

  5. European social partners General cross-industry organisation & Cross-industry organisations representing certain categories of workers or undertakings ETUC, UNICE, CEEP, UEAPME, CEC, Eurocadres European Capacity to act in a voluntary way Being composed by national organisations recognised as social partners Adequate structures Specific organisations Eurochambres Sectoral organisations representing employers EUROCOMMERCE, AEA, POSTEUROP, COPA, HOTREC, FBE, ... & European trade union organisations UNI-Europa, EPSU, EFFAT, EMF...

  6. What forms does the European Social Dialogue take? TRIPARTITE Tripartite Social Summit Macroeconomic dialogue Dialogue on education Dialogue on employment “Val Duchesse” Social Dialogue Sectoral social dialogue committees EWC Transnational agreements Autonomous BIPARTITE Cross industry Sectoral Company

  7. 1. European Works Councils 2. Reconciling work and family life 3. Adaptation of the burden of proof 4. Working time flexibility and workers’ security 5. Prevention of sexual harassment 6. Worker information and consultation 7. Protecting workers against employers’ insolvency 8. Modernisation of employment relations 9. Exposure to asbestos at work 10. Economically dependent workers 11. Data protection 12. Corporate restructuring 13. Supplementary pensions 14. Stress at work 15. Carcinogen substances 16. Revision of the working time directive 17. Revision of EWC directive 18. Musculoskeletal disorders 19. Violence at the workplace Directives European Work Councils Burden of proof Working Information and consultation Sexual harassment Insolvency Asbestos Data protection Working time Social dialogue - a key element of governance Negotiated agreements Parental leave Part-time work Fixed-term contracts Telework Stress at work Violence In progress Carcinogen substances Muskuloskeletal disorders

  8. 1 Cross industry social dialogue committee 33 (+4) Sectoral social dialogue committees Catering (*) Hospitals Life performance Insurance Inland Navigation Industrial cleaning Horeca Commerce Civil aviation Banking Audiovisual Temporary work Telecom Sea transport Road transport Railways Private security Postal services Personal services Local governement Gas (*) Automobile (*) Non ferrous metal (*) Steel Chemical Woodworking Textile/clothing Tanning/leather Sugar Shipbuilding Furniture Footwear Electricity Construction Mines Sea fishing Agriculture

  9. Social dialogue committee - Process 1. Representativeness and capacity 2. Joint request Social Partners 3. Representativeness Test (membership, mandate, structures) Commission

  10. SDC – How it works The social partners"Autonomy and responsibility" Decide on the rules of procedure of their dialogue (Objectives, Preparation, Presidency…) Decide on the level and rhythm of their dialogue (Number and type of meetings) Decide on the content of their dialogue (Agenda of the meetings) Decide on the outcome of their dialogue Social dialogue table Com

  11. Social dialogue outcomes Agreements establishing standards Article 139.2 of the Treaty Framework agreements Implementation Autonomous agreements Frameworks of action Follow-up at National level Recommendations concerning standards and principles Guidelines and Codes of conduct Policy orientations Joint opinions Information Diffusion Exchange of information Declarations Tools

  12. 3 Agreements establishing minimum standards implemented by the procedures and practices specific to management and labour and the Member States 'autonomous' agreements 6 Agreements establishing minimum standards implemented by Council decision • Framework agreement on parental leave, 1995 • Framework agreement on part-time work, 1997 • European agreement on the organisation of working time of seafarers, 1998 • Framework agreement on fixed-term work, 1999 • European agreement on the organisation of working time of mobile workers in civil aviation, 2000 • Agreement on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services, 2005 • Framework agreement on telework, 2002 • Agreement on the European licence for drivers carrying out a cross-border interoperability service, 2004 • Agreement on Stress at work, 2004 • Agreement on Agreement on Workers Health Protection through the Good Handling and Use of Crystalline Silica and Products containing it 2006

  13. Frameworks of action - working towards common priorities • Framework of actions on the lifelong development of competencies and qualifications, 2002 • Framework of actions on Gender equality (2005) • Framework of action on TMS (agriculture- 2005)

  14. Guidelines, codes of conduct - establishing standards or principles • Guidelines on telework in telecommunications, 2001 • Agreement on guidelines on telework in commerce, 2001 • Code of conduct – Guidelines for European hairdressers, 2001 • Voluntary guidelines supporting age diversity in commerce, 2002 • Joint declaration on lifelong learning in the banking sector, 2002 • European agreement on vocational training in agriculture, 2002 • Code of conduct on CSR in the European sugar industry, 2003 • Code of conduct and ethics for the private security sector, 2003 • Code of conduct for the European textile/clothing sector, 1997

  15. 14 Sectors Aggregates, Cement, Ceramics, Foundry, Glass fibre, Special Glass, Container Glass & Flat Glass, Industrial Minerals, Mineral Wool, Mines, Mortar, Natural Stones and Pre-cast Concrete i.e. more than 2 million Employees and a business exceeding € 250 billion Autonomous Social Dialogue Agreement on Workers Health Protectionthrough the Good Handling and Use of Crystalline Silica and Products Containing it- 25 April 2006 - The Agreement aims at: protecting the health of Employees minimizing exposure to CS by applying the Good Practices increasing knowledge about potential health effects of CS and about Good Practices Application of the Agreement & “Good Practices” Obligations: Training - Dust monitoring - Health Surveillance - Cooperation to increase knowledge Monitoring Applicationat site level through indicators - Reduction of failures Biennial Reporting to a bipartite Council Summary Report published by the Council

  16. Implementation reports First report on the implementation of the autonomous Agreement on Crystalline Silica 2008 Report on the implementation of the autonomous Agreement on Stress January 2007 : Report on the follow-up of the Framework for action on equality of chances 2007 October 2006 : Report on the implementation of the autonomous Agreement on Telework 2006

  17. National social partners European social partners Commission Member States Opinions Declarations AGREEMENTS implemented by Council decision Frameworks of action Guidelines Codes of conduct Policy orientations AGREEMENTS implemented according to own procedures ROLES of actors Information Dissemination Financial support Consultation on implementation reports Implementation reports Transposition Reference in national texts Follow-up reports Follow-up Financial support Integration in national texts Implementation reports Monitoring Financial support Facilitation

  18. 2007 DG EMPL initiatives Quarter IV Consultation 2d phase on integration of excluded persons Communication on social services of general interest Communication on mid term review of the implementation of the Social Agenda Quarter III Consultation 2d phase on the prevention of needle stick injuries Communication on transnational collective agreements Communication on Gender pay gap Communication on the follow-up of the Green Paper on labour law Consultation 2d phase on reconciliation of work, private and family life Communication on flexicurity Quarter II Quarter I Consultation 2d phase on musculoskeletal disorders Consultation 2d phase on carcinogens (Art 138) Health and Safety at Work Strategy 2007-2012 (Communication) Communication « Stocktaking of the social reality » COM(2007)63

  19. 2007 Social Partners Work Programmes Leather and tanning – CSR Reporting Steel – Exchange of best practices Commerce – Vilolence Agriculture – Implementation MSD Hair dressers – Cosmetic directive Commerce – Youth employment Inland Navig. – Working time Hospitals – Ageing Cleaning Industry. – Day time work Local Gvt – Strengthening SD in NMS Textiles – Capacity building Audiovisual – Integration of NMS Gas – effects of the liberalisation Railways – Joint study Post – Future of the sector Steel – Evolution of training needs Horeca – Qualiffications – passport Shipbuilding – Qualification transparency Chemistry – Quality of Education

  20. Prerequisites to participate to the European social dialogue • Freedom to associate or not • Freedom to negotiate • Ability to sign agreements • Capacity to implement European social dialogue agreements through national collective bargaining • Right to be consulted on any matter linked to social policies and working conditions

  21. Prerequisites to participate to the European social dialogue • Sectoral and cross sectoral dimension • Corporate dimension • Bipartite dimension • Autonomy of social partners • Representativeness of social partners • Administrative capacity • Reliable statistics concerning trade union membership/collective agreements coverage, etc…

  22. More information… • EUROPA website for social dialogue http://europa.eu.int/comm/employment_social/social_dialogue/ • Report "Industrial Relations in Europe 2004"