Draft 5, October 2012, Anna-Lena Börgö Etaat industriAll – European Trade Union Work Programme 2012-2016 Collective Bargaining and Social Policies Collective bargaining is a core issue of trade unionism, and we need to defend the autonomy of the trade union movement versus all external interventions in collective bargaining systems, and all other efforts to weaken our strength and solidarity. This has been especially obvious during the economic crisis. We need to develop strategies to fight such attacks. Collective bargaining provides the best results for the workers when carried out by autonomous social partners, following the rules and traditions in each country. This is independent of the present economic and/or political situation in the country. Strong national trade unions, a strong industriAll European Trade Union (industriAll Europe), and European-wide coordinated collective bargaining strategies are still the best viable answer to these challenges. Our collective bargaining work is based on a sustainable strategy focusing on the improvement of workers’ working and living conditions. In such a strategy an active wage policy is an important goal. Therefore we need to co-ordinate national collective bargaining policies and develop, enhance and promote an active European collective bargaining and social policy agenda using all necessary tools, including the social dialogue. In order to be able to follow this strategy, it is necessary to increase the coverage rate of collective agreements. It is also of great importance to us to fight against social competition, wage dumping, health and safety risks, and a downward spiral of wages and working conditions. A precarious situation is not only limited to the conditions at the work place and the working conditions overall, but is also linked to situations where the job and employment security is in danger. Without a job we are all in a precarious situation, and that is one of the reasons that we have to fight for a growing and thriving industrial sector in Europe, capable of providing decent jobs and fair wages. We need to continue to keep our policies updated, to make them visible and in accordance with the interests of our trade union membership, including the interests of our growing white-collar membership. We also need to support the trade unions 1 in Europe and their campaigning strategies towards organizing more workers, without overlooking the newer and traditionally less organized sectors. Wage Policies and tools The Wage Coordination Rule All three founding federations of industriAll Europe earlier adopted a Wage Coordination Rule in each organization. Such a rule is of high priority for the coordination of collective bargaining. The core arguments for such rules, and the content of these rules, are essentially the same, but the texts are now slightly different. We need to discuss and confirm how the rule should be developed further, and in that context also the actual wording of the rule. The evaluation should also relate to productivity and inflation trends in order to handle situations of negative productivity and/or inflation and of high fluctuation. It is also important to consider the situations where, despite the coverage of collective agreements, we find that the wage drift is negative, sometimes as a result of open-clauses in these collective agreements. IndustriAll Europe has – together with other European federations – to initiate a stronger exchange of experiences with the European Trade Union Confederation (ETUC) in order to develop collective bargaining strategies. Working time There are ongoing negotiations between the social partners regarding possible changes to the Working Time Directive. This process - whether the negotiations lead to an agreement or the process continues according to the EU system - is important for us. The working time rules shall not be impaired, but improved instead. The fight against the opt-out clause is one of the key elements of the negotiations. Another major problem is that more and more workers are not protected by the Directive. This applies to those workers considered to have an autonomous ability to influence their amount of working time, or when to work. This situation usually applied to professional and managerial staff but is now applied to more and more types of workers. In many cases, according to his/her individual contract, a worker in this situation also has no right to payment for overtime. We shall follow and influence the negotiations/process of possible changes to the Working Time Directive. We shall evaluate and improve our guidelines concerning working time. 2 Work-life balance The current labour market is demanding more and more of the worker when it comes to being available to the employer. This especially affects the need for protection to ensure that workers have the opportunity to attain a good balance between family and work. This is reflected not least in the need for working time regulations. The balance between work and family life is also affected by the rights to various periods of leave during working life. These may relate to parental leave for the father and the mother at childbirth, the ability to care for sick children, and also the opportunity to take time off from work to care for another close relative. It is also of great importance to strive to highlight domestic unpaid work and its consequences for women´s contributions on the labour market. For many women this does not only have a negative effect on daily income but also on the level of pension benefits they are entitled to. We shall evaluate and improve our guidelines concerning social issues. The Eucob@n system Annual report The Eucob@n system has to be evaluated and improved. When doing this it is of importance to take into consideration our experiences when it comes to analyzing the outcome of the Wage Coordination Rule. Difficulties can be linked to the fact that analyses are made only retrospectively, and for a time period of one year. The transparency of the report is crucial. It is an added value for the participating trade union to be able to compare reported figures and data in detail as much as possible. Incorporating the Wage Coordination Rule also requires a further developed macroeconomic chapter where focus is also put on forecasts of the inflation and productivity trends in individual countries. “Day-to-day” information Via their membership the affiliated members of industriAll Europe are also part of a wide network of trade unions in many sectors. By using this advantage to develop a system for fast information we can create added value in situations where such information is of the essence, i.e. when starting and finishing important negotiations at national or sector level, when proposed changes to labour law have a big impact or when important company-level negotiations are carried out. 3 Strengthening the Eucob@an network The network of rapporteurs giving information to the Eucob@n system is of crucial importance for the success of the system. They are expected to give information as an input to the Annual Report, but should also be linked to the daily collective bargaining work within the affiliated trade union so that they can contribute to the day-to-day information system. The list of rapporteurs should be updated regularly. They should obtain information, and be offered training relevant to their task of providing input for the Annual Report. Eucob@n website The development of the website will continue. The part of the website that relates to information from industriAll Europe sectors should be designed in a unified form, utilizing the best practice from each federation. Regional collective bargaining networks IndustriAll Europe needs a strong system of regional networks for collective bargaining. Such a system is a part of our strategy based on the fact that collective bargaining is no longer of national interest alone. The existing networks will be evaluated and all sectors should be invited to either take part in relevant networks or form new ones. Common demands The common demand on precarious work is a joint demand coming from all three founding federations, but the time period for this demand and the way it has been implement has differed between the federations. In future promotion and monitoring of this demand it is important that this fact be acknowledged. It might also influence the time period for the campaign, and the evaluation of the demand. A joint future campaign plan for this demand for alI sectors should be made. To conduct a review of the current campaigns and evaluation methods to be used is also important in this new situation. In some sectors there has been a common demand concerning training. The evaluation of this demand continues, and so does the struggle to obtain results. A common strategy should be developed as to what is a common demand, together with a recommendation on how to work with such demands. 4 Demographic changes Demographic development in society will change the composition of the workforce on the labour market. The number of older people that could still be on the labour market will increase, while the number of young people will fall. The need to ensure that workers are able to remain on the labour market until their pension age or even longer if they so wish, for economic reasons, is dependent upon the working conditions and on economic incentives to stay. Work places have to be adapted to ensure this also will be optimal for older workers. We also have to consider older workers as a major asset in terms of competence. Competence gained during a working life is important, but technological developments will require much greater technical knowledge in the future and such training should not only be given to young workers. Ensuring that workers have the right qualifications to be able to keep the job in the future is a dual responsibility: the employer has to provide training possibilities and the worker has to take the opportunity to become more qualified. A trade union task could be to develop special rules and regulations at the work place for older workers via collective agreements – a ‘senior’ policy – that would enable them to stay on as employees. The same kind of task for the trade unions can be linked to the fact that there are huge, but not always sufficiently utilised sources of competence, skills and knowledge in the large group made up of migrant workers. Policies for education and training enabling this group of workers to enter into the regular labour market are of great importance. Another important aspect of the demographic change in society is the necessity for as many young people as possible to enter the labour market. A massive unemployment rate among young people is not only devastating to their self-confidence, both socially and professionally, but will also be a great loss for society in general. Whereas the crisis has led to very high unemployment in some sectors and areas, we find at the same time a lack of skilled labour in other sectors and areas. One way of dealing with this is to increase the number of apprenticeship and training contracts. If the total number of workers is compared with the number of apprentices and trainees we see that many large companies do not train a high enough share of workers. Each company should have a plan indicating how many apprentices and trainees they need for several years ahead, and how they can guarantee good training for the workers. The trade unions should take part in the process of drawing up these plans. 5 Precarious work In recent decades there has been a dramatic and far-reaching increase in precarious work in all countries and industrial sectors, which is of major concern. The economic crisis has also given some employers and governments the possibility to exploit this situation in order to lower wages, worsen working conditions and introduce precarious work. This development results in an erosion of the normal living and working conditions for the individual worker. Particularly affected by this development are young people, women and migrant workers. It is necessary to reduce the low-wage sector in Europe through collective bargaining and/or legal regulation – for instance on minimum wages – in accordance with the practices in individual countries. Limited use of flexible work is necessary to be able to deal with upcoming peaks of work, but a flexible labour market without enough social security, including training, and active labour market policies to reduce unemployment, is a precarious one. A precarious situation can also arise when workers are targets for non-solicitation agreements between employers. Employers agree that they will not employ workers from the other partner´s company, and this can have a big impact on the individual workers´ possibilities to change employment and secure better conditions. The presence of temporary agencies is also increasing. This development puts pressure on the trade unions when it comes to organizing, and obtaining collective agreements for workers working under circumstances that we are not used to encountering. We need to: Promote the use of open-ended contracts Limit the use of temporary and fixed-term contracts Reject the extensive use of forced part-time contracts and promote the workers’ right to transfer from part-time to full-time contracts if they so wish Reject the use of bogus self-employment and zero-hour contracts Limit the use of temporary agencies Promote the organizing of temporary agency workers, and include them in the struggle for decent wages and working conditions Fight against all kinds of discrimination on the labour market 6 European transnational agreements and systems European Framework Agreements The negotiation of European Framework Agreements at transnational company level is important for the trade unions. Experience with such negotiations shows that it is essential for European trade union federations take part in such negotiations and be signatories to the agreements following the mandate system. The implementation of the agreements relies on national industrial relations systems and the traditions in each country. It is therefore important that such implementation takes place. European system for transnational company agreements The problems regarding a decision on an optional system for implementing transnational company agreements still remain unsolved despite of the efforts made by the EU Commission. We have to focus on future developments. Clear focus will also be needed when the discussion of a future European industrial relations system is put on the agenda. The right to strike shall be fully respected as a fundamental right and this right shall be carried out in accordance with national law and practices. Social Policy Issues In many situations – differing from country to country – the collective bargaining tool is used together with efforts to change the legislative rules in a positive way. It is therefore important to be able to get a quick and good overview of developments at EU level in order to be able to pay special attention to the initiatives introduced there. At the moment such issues are: working time, flexicurity, pensions, health and safety at work, and the interpretation and implementation of the Posting Directive. All these issues require re-evaluation and/or reconfirmation of our former positions. In order to see our policies through we need to influence the EU Commission, EU Parliament, and other counterparts, as well as the ETUC. Another important issue to consider is the existing systems of whistle blowing, and their related problems. We have to examine possibilities to protect workers against the negative impacts of these systems. 7