Social dialogue and the public services in the aftermath of the economic crisis: strengthening partnership in an era of austerity in the Netherlands National report Peter Leisink, Ulrike Weske, Eva Knies Utrecht University School of Governance, The Netherlands, November 2012 European Commission project Coordinated by Professor Stephen Bach, King’s College, London ‘Industrial Relations and Social Dialogue’ VP/2011/001 Table of Contents Summary .................................................................................................................................... 1 1. Introduction ........................................................................................................................... 2 Public Services and public sector social dialogue .................................................................... 2 Overview of public services and employment per sector ................................................... 2 Institutions of social dialogue in the public sector .............................................................. 3 2. National austerity: drivers and measures ............................................................................ 5 Central government ................................................................................................................ 7 Drivers of change ................................................................................................................. 7 Main proposals and union demands ................................................................................... 7 Outcomes............................................................................................................................. 7 Role of social dialogue ......................................................................................................... 7 Impact on social dialogue .................................................................................................... 8 Primary education ................................................................................................................... 8 Drivers of change ................................................................................................................. 8 Main proposals and union demands ................................................................................... 8 Outcomes............................................................................................................................. 8 Role of social dialogue ......................................................................................................... 9 Impact on social dialogue .................................................................................................... 9 Hospitals .................................................................................................................................. 9 Drivers of change ................................................................................................................. 9 Main proposals and union demands ................................................................................. 10 Outcomes........................................................................................................................... 10 Role of social dialogue ....................................................................................................... 10 Impact on social dialogue .................................................................................................. 10 3. a Local government ............................................................................................................. 11 The sectoral level................................................................................................................... 11 Background: the municipal budget ................................................................................... 11 Drivers of change ............................................................................................................... 12 Main proposals and union demands ................................................................................. 12 Outcomes........................................................................................................................... 13 Role of social dialogue ....................................................................................................... 14 Impact on social dialogue .................................................................................................. 14 3. b Case studies in two municipalities ................................................................................... 15 Selection of case studies.................................................................................................... 15 Findings .............................................................................................................................. 15 Leeuwarden ............................................................................................................................. 16 Drivers of change ............................................................................................................... 16 Main proposals .................................................................................................................. 16 Outcomes........................................................................................................................... 17 Role of the social dialogue................................................................................................. 17 Impact on social dialogue .................................................................................................. 17 Zwolle ....................................................................................................................................... 17 Drivers of change ............................................................................................................... 17 Main proposals .................................................................................................................. 18 Outcomes........................................................................................................................... 18 Role of social dialogue ....................................................................................................... 19 Impact on social dialogue .................................................................................................. 19 Comparison of the two municipalities .................................................................................. 19 Relation between the sectoral and local level social dialogue institutions .......................... 20 4. Conclusions .......................................................................................................................... 21 The drivers of change in public sector employment relations .............................................. 21 The impact of demographic changes ................................................................................ 22 The consequences of austerity measures and other changes .............................................. 23 The influence of the social dialogue on shaping the consequences of change ................ 24 Reflections on the institutional characteristics of the Dutch case ........................................ 26 References ............................................................................................................................... 27 Appendices............................................................................................................................... 29 List of Tables Table 1: Employment levels 2008 - 2011 Table 2: Local government budget in billion Euros Table 3: Comparison of the two cases Summary Public management reform programmes aimed at creating a smaller government that provides better public services for citizens date back to the 1990s. The economic and fiscal crisis has added an extra impulse to these reform programmes. This impact manifests itself first in quantitative measures aimed at cuts in public sector employment and wages, and second in structural reforms such as the decentralization of public services to local government. In the Netherlands, successive governments have implemented austerity measures. First the Balkenende IV government in 2010 (3.2 billion Euros), and then the Rutte I government that decided on 105 austerity measures which would save 18 billion till 2015 in order to comply with the requirements of the European Stability and Growth pact by 2013. It is estimated that as a consequence about 10 per cent of total government jobs will disappear. Because the economic crisis affected government finances more than foreseen extra austerity measures were required by the European Commission before 30 April 2012. An ad-hoc parliamentary majority agreed upon a new package of austerity measures amounting to 12 billion Euros. These cutback decisions included a wage freeze for public sector employees for 2 years and a rise of the pension age. A new coalition cabinet took office in November 2012, which announced new austerity measures topping earlier measures with an extra 16 billion Euros. Measures include efficiency cuts, legislation concerning harmonization of dismissal of public sector employees with regulations for private sector employees, caps on dismissal compensation, and raising the pension age more quickly. The economic and fiscal crisis has prompted central government to introduce austerity measures that affect local government in two ways. First, the general financial contribution from central to local government has been reduced. Second, central government has decided to decentralize the provision of specific welfare arrangements, such as providing sheltered workplaces, to local government with a simultaneous ‘efficiency saving’ on the budget for providing these arrangements. Apart from central government decisions, local government has suffered financially because of losses on ground exploitation and social assistance payments. Due to these developments, local government employers feel the need to cut back on employment conditions. With regard to the social dialogue in the local government sector, union representatives have had a role not so much in the decision-making over the austerity measures but rather in their implementation and consequences. Wage negotiations at sectoral level were more difficult than before. When employers and unions continued to disagree, unions organized protest demonstrations and strikes, which eventually resulted in a collective agreement. The agreement that was concluded in April 2012 provides a fairly normal wage rise, flexibilisation of working hours, and an arrangement replacing job security by two year work-to-work support for employees made redundant. The dominant driver of change in the case studies in Leeuwarden and Zwolle is the existing trend towards a smaller and service-oriented government. Austerity measures have contributed to this process by putting extra pressure on this trend. In both municipalities, the works council demanded strategic personnel planning which would enable the 1 organization to react better to social changes. In Leeuwarden the works council controlled that staff reduction was effectuated according to the rules but offered no active support in finding alternative employment opportunities whereas in Zwolle the works council collaborated with the employer in arranging job opportunities in the private sector and in other public organizations. Because the Leeuwarden municipal employer decided at a later moment to cut more jobs than initially foreseen and expected forced redundancies, a conflict between employer and works council arose and the works council attempted to defend its refusal of forced redundancies by submitting the conflict to court. In both cases, the role of the social dialogue involves the works council monitoring the process of change. In both cases the works councils and HR directors also acknowledge the need to collaborate in the current situation which requires change towards a more flexible organization. The social dialogue is a stable institution as such in the Netherlands. The economic crisis does not impact the central institutions of the collective agreement, the consultation and negotiation mechanisms at sectoral level, and the works council at organizational level. It also appears that the Dutch culture of cooperation is quite resilient and supports the continued functioning of the social dialogue. However, it appears that the effectiveness of the social dialogue varies by sector, partly reflecting the differential impact of economic and demographic circumstances. The social dialogue at sectoral and organizational level is able to generate innovative arrangements. So it appears that social dialogue institutions in the Netherlands facilitate producing balanced outcomes that take into account the interests of various stakeholders. 1. Introduction This report deals with the question of how austerity measures and other drivers of change have impacted on public sector employment relations in the Netherlands, and how government, employers and trade unions have attempted to shape those policies and to deal with their consequences. We present a general description of recent changes in public sector employment relations, illustrating the degree of diversity by including central government, primary education and hospitals. An in-depth description is provided for local government, which is covered both at the sectoral level and at the local level. We analyse developments from 2009 onwards, recognizing that the economic crisis, which followed the global financial crisis in 2008, went along with a fiscal crisis causing governments to take cutback measures (Kickert 2012). However, we recognize that some changes that impact on public sector employment relationships date back to well before the outbreak of the economic crisis. For instance, public management reform programmes aimed at creating a government that would perform better and cost less go back to the 1990s in the Netherlands (Pollitt & Bouckaert 2011). Such public management reform programmes included programmes to modernize public sector employment relations. Public Services and public sector social dialogue Overview of public services and employment per sector The concept of ‘public sector’ is understood in a broad way in the Netherlands. This involves government, semi-public and nonprofit sectors. We list the various sectors and their respective number of employees in the period 2008 - 2011, drawing on recent national data. 2 Table 1: Employment levels 2008 - 2011 Sector 2008 Public administration* Central government 123.335 Local government 171.189 Provincial government 13.003 Public safety* Police 62.246 Defence 67.527 Education* Primary education 187.072 Secondary education 105.051 Intermediate vocational education 55.869 Higher professional education 40.027 Universities 51.226 Healthcare (cure and care)** Care, elderly care, home care 390.940 Hospitals 183.920 Academic hospitals 68.220 * Kerngegevens Arbeid en Overheid (2012) ** Kerngegevens zorginstellingen CBS (2012) 2009 2010 2011 123.599 177.133 13.285 122.537 175.176 13.217 119.064 168.051 12.625 65.598 69.377 64.531 68.956 64.709 65.027 189.586 108.324 56.547 42.020 54.461 186.587 106.093 57.162 41.732 52.851 182.793 106.002 55.787 42.443 54.185 399.720 190.640 70.790 418.330 193.420 72.250 - Institutions of social dialogue in the public sector Until 1993 terms of employment for all public sector workers were centrally determined by the Minister of the Interior, who formally represented the government as employer. With a view to creating employment conditions that more adequately addressed the differentiated labour market situations, the government decided to introduce the so-called sector model, meaning that the former single collective agreement was replaced by currently 14 collective agreements, each of which covers the employees in one specific sector, such as central government and police. The unions initially opposed this on the grounds of public sector workers’ solidarity but in 1993 struck a deal. This deal included that the government realized its objective of decentralization: employer and employee organizations in each sector negotiate about the conditions of employment in that sector. The unions obtained the socalled ‘agreement requisite’, which means that changes in existing terms of employment can only be made if half of the unions represented in the negotiation process agree with these. From the point of view of public law, some of the collective agreements that replace the former single agreement are still unilaterally decided by government but in practice central government can no longer unilaterally change existing conditions of employment but require union consent (Steijn & Leisink, 2007). Currently, all collective agreements are concluded at sectoral level. They are generally binding and cover all employees. Their scope is very broad: apart from pay and working conditions, issues such as career support and work-life balance are also covered. In practice, all collective agreements are joint agreements although in some sectors the collective agreement has legally the form of a unilateral decision by government. The introduction of consultation and negotiation mechanisms in the public sector was considered as ‘normalization’, that is creating employment relations that are similar to those in the private sector which was regarded as the ‘norm’. This process of normalization involved another institution of social dialogue as well. In 1995 the Works Council Act was extended to cover public sector organizations, which implied more opportunities for public 3 sector workers to participate in organizational decision-making. The works council is a body that represents employees at the organizational level. All employees have a right to elect representatives; in practice the majority of works council members are trade union members. The works council has legal rights regarding employer policies. This includes the right of approval in the field of personnel and social policies, which means that the employer can decide on policies in an area such as health and safety only if the works council approves of such policies; if the works council disapproves of employer plans the employer is forced to revise his plans. The works council also has the right of advice in the field of economic and financial issues, including issues such as outsourcing. If the employer wants to go ahead with his plans despite a negative advice of the works council, the works council has the right to submit the issue to a court. About half of works council members report, in a recent survey (A+O fonds Rijk, 2011) that they attempt to influence organizational policymaking proactively, about a third report that they participate in policymaking, and about one in five works council members describe their role as controlling policy proposals made by their employer. As a rule the works council and the executive director of an organization meet about ten times per year for consultation. According to the Works Council Act it is the aim of the works council to contribute to the well-functioning of the organization in all its goals. The government felt that it was necessary to restrict this brief in government organizations because this might infringe upon the rights and responsibilities of politicians to decide the tasks of public bodies and their implementation. This so-called ‘primacy of politics’ excludes political decisions about tasks, policies and their implementation from the right of approval and advice by the works council in government organizations. Austerity measures are a case in point. However, when political decisions have consequences for employees’ activities, including their job and terms of employment, the works council must be consulted with on these personnel consequences. This governmental exception has created occasional conflicts over time. A survey showed that 15 per cent of government works council members have the experience that the works council is occasionally/frequently not consulted with on issues because of the ‘primacy of politics’, but only 3 per cent of government employer representatives claim that this is the case (A+O fonds Rijk, 2011). To summarize, the institutions of social dialogue involve: - at sectoral level: negotiations between employer and trade union representatives over the collective agreement covering all employees in that sector - at organizational level: negotiations between employer and trade union representatives about organizational issues such as reorganizations/collective redundancies, and other issues that have been decentralized by the sectoral agreement - at organizational level: consultation and negotiation between the works council and the employer/top management of the organization dealing with issues according to the Works Council Act. Negotiations between employer and trade union representatives at organizational level are limited to specific issues only. The major institution of social dialogue at organizational level is the works council. For the sectors in our study Appendix 3 lists the organizations that are involved in the negotiations at sectoral level over the collective agreement. 4 2. National austerity: drivers and measures It was only in 2010 when austerity measures were presented for the first time in connection with the economic and fiscal crisis. At the time the Balkenende IV government, which consisted of christian democrats (CDA), social democrats (PvdA) and Christenunie (CU), and which was in office from February 2007 till February 2010, decided on austerity measures amounting to 3.2 billion Euros. There were cut back decisions before 2010, however. For instance, in April 2009 the Balkenende IV government decided to freeze central government funding to local government for the 2009-2011 period. Also, the Balkenende IV government carried out a reform programme that should reduce the government workforce by 12.000 jobs. The austerity measures that were announced by the Balkenende IV government included various measures that affected the public sector directly, such as wage restraint (600 million €), savings on childcare (310 million €), and efficiency cuts on government (231 million €) (Algemene Rekenkamer, 2011: 15-17). In September 2010 the Rutte I government took office. This consisted of conservative liberals (VVD) and christian democrats (CDA), and had a marginal majority because the populist PVV was willing to support it. This government concluded a Coalition Agreement that referred to the credit crisis as well as to demographic developments as the reason for announcing austerity measures: “Because of the ageing population, the credit crisis and the European debt crisis reconstruction measures of government finances are a sore need”. This government’s plan listed 105 austerity measures that should save 18.3 billion Euros in 2015. These measures addressed specific subsectors directly. For instance, central government was cut back by 1.5 billion €, wages in the collective sector by 870 million €, defence by 500 million €. (Algemene Rekenkamer, 2011: 12-13). Another specific measure was the reorganization of education for children with special needs (Passend Onderwijs) which should save 300 million Euros. The government aimed at “a strong, small and serviceoriented government that costs less taxpayers’ money, has less employees, less rules and less governors.” (Coalition Agreement, 2010: 5). In addition management functions were centralized such as ICT, procurement, housing, audit and facility services. There is a difference, however, between the cut back measures of the Balkenende and the Rutte I governments. Whereas the Balkenende government – and previous governments - specified the number of government jobs that would have to be reduced – and always failed to achieve that specific target – the Rutte I government has specified a financial target for each department and leaves it to the department’s management how this target will be achieved. In practice, however, cutting jobs is the major way in which departments intend to achieve their target. A survey of cut back measures of the ministries and the organisations which come under their authority such as the police, defence and Inland Revenue, showed that at least 26.000 jobs will be cut, which amounts to almost 10 per cent of total government jobs (NRC 7 January 2012). The aim of the austerity measures decided by the Rutte I government was to comply with the requirements of the European Stability and Growth pact by 2013, more specifically a national debt of no more than 3 per cent in 2014. However, the impact of the economic crisis affected government finances more than foreseen and extra austerity measures were required by the European Commission before 30 April 2012. Because the Rutte I government had fallen by this time an ad-hoc parliamentary majority agreed upon a package of measures 5 totalling 12 billion Euros, in order to meet with the EU requirements. The new cutback decisions included a wage freeze for public sector employees for 2 years, which should result in 1,6 billion € savings in 2012 and 2013. Healthcare employees were excluded from this measure, because of its difficulty in recruiting sufficient employees currently while extra employees are needed in the nearby future because of the growth in demand for healthcare related to the ageing population. Another measure in the parliamentary package included the withdrawal of the earlier cutback measure on education for children with special needs (amounting to 300 million €) as a response to protests from unions, schools and parents. Apart from cutback measures this agreement included other types of measures as well, notably the decision to raise the pension age to 66 in 2019 and to 67 by 2024 (instead of respectively 2020 and 2025, which the government had decided only a few months before). The aim of this measure is that more employees will have to work longer and pay taxes instead of receiving a pension, which is beneficial for the public budget. After the September 2012 elections a new coalition cabinet took office in November 2012, this time consisting of conservative liberals (VVD) and social democrats (PvdA). New austerity measures were announced, topping earlier measures with an extra 16 billion Euros. Examples include the following measures: - central government will be forced to be more efficient and thus cut back about 1 billion Euros, - legislation concerning dismissal of public sector employees will be harmonized with regulations for private sector employees and dismissal compensation will be capped, - again the pension age will be raised more quickly: to the age of 66 in 2018 and to the age of 67 in 2021. The brief history of austerity measures shows that the goals of these measures are quantitative as well as structural. The quantitative goals are evident from measures to achieve more efficiency, for instance through outsourcing and the creation of shared service centres, and from measures cutting employment and wages. Structural reforms can be summarized as ‘service-oriented government’. Previous governments have implemented their own reform programmes from the 1990s onwards with structural reforms called ‘better government’ or ‘another government’, which should provide better service to citizens and firms. The present structural reforms involve for instance the decentralization of public services to municipalities. While our focus is currently on austerity measures as a consequence of the economic and fiscal crisis, demographic changes are another important driver of change that should be taken into account. Demographic trends (ageing, dejuvenation) have been a factor influencing public sector employment policy for more than a decade, particularly in those sectors, such as government and education, which have a workforce that is comparatively old. First, in order to deal with the expected outflow of older employees and the consequent loss of their knowledge, employers have been encouraged over the past decade to develop age-related policies to support older workers and retain them. Second, demographic changes have been a reason for employers and unions to agree on the need for policies to be an employer of choice attracting young employees. The combined consequence of demographic changes and the economic and the fiscal crisis is manifested by the decision of successive governments to raise the retirement age. Every new government is intent on 6 raising the retirement age to 66 and 67 at a shorter notice than the previous government wanted because in that way more employees are forced to continue working, pay taxes and social security and pension contributions instead of receiving pension benefits partly paid for by the government. This introduction has presented an overview of austerity measures taken by central government for the public sector in general. The implementation of austerity measures is left to the respective sectors and organizations. Employer and trade union representatives at sectoral level add their own agendas to the negotiations over the implementation of centrally decided measures, which often involve structural reforms. This will become clear from the next sections on central government, primary education and hospitals. Central government Drivers of change The economic and fiscal crisis is a very important driver of change in central government. Budgetary constraints are one driver of austerity measures, and so are the political ideologies of the coalition parties in successive governments which favour a small state. The trend towards modernisation of employment relations is primarily driven by demographic developments. Although, according to the employer representative, the ageing of the work force is slowed down as a result of limited mobility to the private sector, central government wants to be an attractive employer for younger workers and wants to promote a diverse work force. Main proposals and union demands Since January 2011 there is no collective labour agreement (CLA) for central government. In the negotiations for a new CLA, unions tabled demands regarding: no forced redundancies, a wage rise of 2%, and no normalisation of the status of civil servants. By contrast the employer wanted to make 10,000 civil servants redundant, proposed a 2-year wage freeze, and a ‘normalisation’ of the status of civil servants. Outcomes When the negotiation for a new CLA stranded the unions reacted by sending an ultimatum to the Minister in which they demanded no forced lay-offs and a ‘respectable’ wage development. The Minister did not react upon this ultimatum. As a result, the unions organised a demonstration of 10,000 (national and local) civil servants. Until today, there is no CLA in central government, resulting in a wage freeze. Role of social dialogue In contrast to other sectors in our study, in central government, the government not only has political authority over policy decisions and decides over the budget, but is also employer. The Minister of the Interior, who represents the employer, is bound by an agreement of the political parties that make up the coalition government. In this sector, central government is in the position to impose the budget cuts that have been decided by the coalition parties. Union representatives indicate that they understand and respect the position of the employer (budget cuts, the need to work more efficiently), but do not agree 7 with the proposals made by the employer. Unions try to organise ‘traditional issues’ such as employment security and wage-development, in non-traditional ways, such as strategic planning, new ways of working, and external mobility. Employer representatives have some concerns about the legitimacy of union representation in the future, as they point out that unions have difficulties relating to the views of younger workers and are primarily concerned with protecting acquired rights. Impact on social dialogue Both employer and union representatives who were interviewed, indicated that the current situation makes collective bargaining hard. The differences between employer and union positions are larger than they used to be. However, all interviewees emphasized that this was a ‘normal’ situation with employer and union representatives meeting each other informally and negotiating other issues besides the collective labour agreement. There was no support for the idea that the employer might try to bypass social dialogue and marginalize worker representatives. The relationship between the four unions also remained unchanged. Primary education Drivers of change The economic crisis has prompted both the central government and the municipalities to introduce austerity measures that affect primary education (De Volkskrant, 13-2-12). First, the financial compensations from central government for personnel costs lag behind the actual rise in those costs (for example the costs due to the ageing workforce), while other compensations were abolished completely (for example for teaching-assistants). In total, central government cut about 900 million euro of the 9,5 billion yearly budget (De Volkskrant, 13-2-2012). About 300 million of this amount was planned for savings on special primary education, but this plan was rejected by parliament in April 2012. Second, many schools are faced with a decrease in subsidies from municipalities, for example for the maintenance of buildings. In addition to these changes resulting from the economic crisis, the sector is confronted with demographic changes leading to a quantitative and qualitative shortage of teachers. Main proposals and union demands Since 2010, the Minister of Education, Culture and Science has not allowed a wage increase, while the unions demanded a wage increase of 2,5% and employment security. As a result, no new CLA comprising primary labour conditions was signed. This impacted the CLA on secondary labour conditions, since the negotiation space and possible trade-offs were limited. In addition, both parties raised demands on which they did not want to compromise, like the unions’ demand for a guaranteed 12-week vacation and the employers’ demand to sober the leave for older workers. Outcomes The last collective agreements on the primary and secondary labour conditions were concluded in 2009, effectively leading to a wage freeze. In addition, about 6000, mostly young, employees were laid-off between 2010 and 2011 (Kerncijfers, 2011). Moreover, the 8 austerity measures cause severe financial problems for schools, resulting in larger classes and less money for caretakers, cleaners and teacher-assistants. Role of social dialogue The Minister of Education, Culture and Science decides over the primary labour conditions – like wages, working hours and social security. Since 2008, the PO-raad [primary education council] acts on behalf of the employers with regard to the secondary labour conditions. As a result of the separate authorities over primary and secondary labour conditions there are two separate social dialogues. Unions did not have a role in the decision-making on the layoffs and the wage freeze resulting from the cut-backs. With regard to the secondary labour conditions, there were negotiations, but these were unsuccessful because only issues about which the PO-raad and the unions did not want to compromise were left. The PO-raad and the unions cooperated in reacting to some planned policy-changes by government. This was the case for example in the strike against the planned cuts on special education that was organised by the unions. Although the PO-raad did not support the means of a strike, the organisation showed sympathy for the demands of the unions. In addition, both parties presented a letter to the Minister in which they argued against these cut-backs. Impact on social dialogue The austerity measures taken by the government hampered negotiations. On the other hand, however, the crisis also strengthened the cooperation between the PO-raad and the unions on some issues, like the stance towards the cuts on special education. To conclude, while the crisis has made it even more difficult to come to agreements, this difficulty is also greatly due to the institutional separation of negotiations over the labour conditions and the current highly detailed CLA for the secondary labour conditions which makes it difficult to come to agreements that are acceptable for both parties. Hospitals Drivers of change A main driver of change is related to demographic developments: the ageing of the work force, as well as the population in general resulting in an increasing demand for healthcare. Another driver is the tight labour market, the problem of attracting and retaining sufficient numbers of qualified employees and the ambition to be regarded as employer of choice in the healthcare sector. The introduction of market-like mechanisms in healthcare, including the emergence of private equity investors (resulting in work pressure and dissatisfaction) is another important driver. Although these market-like mechanisms are introduced by subsequent governments, employer and employee representatives point out that health insurance companies are the driving force behind these changes. The influence of central government is weak and employer association and trade unions feel no direct interference from central government. The drivers of austerity measures are not felt in this sector, apart from the political ideology among subsequent governments to introduce market-like mechanisms and the decision to limit the set of insured treatments in the obligatory health insurance. 9 Main proposals and union demands Unions have tabled demands regarding: wage rise, training and development, voluntary night shifts for employees older than 55, and improvements for students and interns. Employers wanted a CLA for several years and agreements on the local level, including a system of pay-for-performance. Both parties agreed on the importance of employability, but differed in their ideas about the specific concretisation. Outcomes Two collective agreements have been concluded during the period of our study, one covering 2009-2010, and one covering 2011-2014. The first agreement included a new agerelated personnel policy. This agreement further offers employees: a structural pay rise of 1 per cent per year plus some other financial benefits, and a new life-stage budget. The agreement for the 2011-2014 period offers employees: a structural pay rise of 2 per cent per year plus some other financial benefits, and agreements on schooling. Because both agreements are generally binding, there is no competition between hospitals regarding employment conditions. The life-stage budget is considered an innovative practice by representatives of employers as well as employees. Instead of offering extra days off to employees aged 55+, both parties agreed to providing all employees with 35 hours per year extra for leave, which can be used at the discretion of employees. However, union representatives point to implementation problems on the local level, since hospital management frequently interferes with employees’ decisions to take leave. Both parties agree that innovative practices can be found on the organisational level, for example related to the organisation of work (‘zorgstraten’). Role of social dialogue Social dialogue at the sectoral level consists of consultation and negotiation between representatives of hospital employers, represented by the Dutch Hospitals Association (NVZ), and of four trade unions. Collective agreements are negotiated and concluded through social dialogue. Both employer and employee representatives indicate that they share the same long-term goals, although the specific ideas about interventions often differ. In the CLA, unions and hospital employers agreed on a particular amount of money to be transferred to a labour market fund. This money can be used for several purposes, for example to conduct research on new ways of working in healthcare. This makes the on-going dialogue much more relaxed, according to both parties, because this enables a discussion about content, instead of money. Social dialogue then is mainly about cooperation. Impact on social dialogue The economic and financial crisis has had very limited impact on social dialogue in the hospital sector. Because structural pay rises were agreed upon and because there is hardly any fear of employees losing their jobs, both parties are quite relaxed. In the negotiations there is the ‘traditional’ trade-off between employers and unions. Their relationships are good.. The same goes for the relationship between the four unions. 10 3. a Local government The sectoral level Local government in the Netherlands, consists of 418 municipalities, and has responsibilities for policies in various domains, such as housing, infrastructure, environment, promotion of the local economy, (primary) education, culture, sports, and social assistance. Apart from core tasks the range of services that municipalities provide varies. Some municipalities employ public servants to provide services such as in open space maintenance, musea, concert halls and swimming pools, while many others have outsourced such activities. Social dialogue at the sectoral level consists of consultation and negotiation between representatives of municipal employers, represented by the so-called College van Arbeidszaken (Body of Labour Affairs) that acts on behalf of the Association of Dutch Municipalities (VNG) and representatives of a number of trade unions, including Abvakabo FNV, CNV Publieke Zaak, and CMHF. Background: the municipal budget Municipalities are highly dependent on central government for their income. Their largest source of income are the general payments from central government (gemeentefonds), which can be spend as local policies wish, and specific payments by central government departments which are to be used in specified policy areas. Normally, the increase of the payments from central to local government is coupled to the development of the central government budget, taking into account budget differences between central and local government; this is called the ‘normalisation system’. Today a budget cut of 1 billion in central government, results in a decrease of payments to municipalities of 180.000 (18%). In addition, municipalities receive designated payments from central government, most importantly for unemployment related social assistance payments. Budget can be added or reduced depending on changes in the tasks of municipalities. Next to these incomes from central government, municipalities can generate incomes with interest and dividends and exploitation of ground. In general, these sources of income are hard to enlarge and incomes from ground exploitation decreased due to the economic crisis. If the central government cuts budgets, municipalities can only try to increase their revenues by increasing taxes (for example on properties). Other local levies are not substantial or are not allowed to generate more income than they cost. As a result, municipalities are heavily influenced by budget cuts of central government. In 2011, the different sources of income for municipality are shown by the Table below. The first two sources come from central government, accounting for 67,4% of the total budget. Table 2: Local government budget in billion Euros (source VNG 2012). Gemeentefonds (general payments from central government) Specific payments from central government Municipal levies Other own resources Total of revenues 17.9 18.2 8.0 9.5 53.6 11 Drivers of change The economic and fiscal crisis has prompted central government to introduce austerity measures that affect local government in two ways. First, the general financial contribution from central government to local government (the gemeentefonds) has been reduced because of a decrease in the government budget which results – due to the ‘normalisation system – in a proportional decrease in the budget for municipalities. Furthermore, additional cuts to the gemeentefonds have been made for example by not compensating for the wageincrease of local municipality employees. In addition, the specific budget for social assistance payments by municipalities was determined for the period 2007-2011 at a time when the economic crisis was not anticipated. As a result, in 2010 and 2011, the municipal payments for social security were substantially higher than the funds municipalities received from central government, resulting in a deficit of 396 million euro in 2010 and 650 million euro in 2011 (VNG, 2011). Secondly, central government has decided to decentralize the provision of specific welfare arrangements (such as providing sheltered workplaces; youth care) to local government but has simultaneously cut back on the budget for providing these arrangements (between 10 to 20 per cent; NRC 30-11-2011) arguing that local government can provide these more efficiently. As such the decentralization of specific welfare arrangements is in line with a general trend of bringing government as close as possible to the citizen (being the local government level), and is therefore not a direct result of the economic crisis only. Next to municipalities being impacted by budget cuts from central government, the economic crisis resulted in the postponement and cancellation of building projects and as a result, municipalities faced losses of several billion euros on incomes from ground exploitation. Because of the reduction of central government’s financial contribution the local government employers feel the need to restrain budget spending on employment conditions because what they spend more on one domain (employment conditions) will be at the expense of another domain (services for citizens). An additional important issue impacting on local government’s spending decisions is the large uncertainty for municipalities with regard to the nature and the degree of budget cuts to expect from central government. This uncertainty about financial prospects beyond the 4 year period of local politicians in office holds local government back from longer term commitments to employment conditions. On the other hand, the increasing importance of municipalities as ‘first/nearby government’ stimulates many municipalities to aspire to being an employer of choice. This ambition, however, must meet with demographic and social changes, and has in recent years resulted in efforts to modernize the collective labour agreement. This is a process that dates back to well before the banking crisis set in. Main proposals and union demands Two collective agreements have been concluded during the period of our study, one covering 2009-2011, and one covering 2011-2012 (ending 1 January 2013). Unions have tabled demands regarding pay and employment security. Union wage claims are based on the principle that wages should compensate for inflation so that employees’ purchasing power is maintained. For the 2009-2011 period unions demanded 2.75 per cent over 2 years, whereas the employers initially proposed a wage freeze which was 12 unacceptable for the unions. During the negotiations over the 2011-2012 collective agreement employers offered 2 per cent for a 31 months’ period but unions rejected this as too little compensation. Regarding employment security negotiations between employers and unions have concentrated on the length of the period in which the employee would have a right to jobto-job support while still on the local government’s pay-list after having been made redundant. Unions claimed that there should be no limit to the job-to-job period cum paylist safeguard for employees. They argued that it would be irrational for local governments to make employees redundant while the demographic developments would result in an outflow of the babyboom generation of employees shortly and local government would then need all employees they were about to dismiss. Employers, however, argued that local government was forced to decide on cutbacks and show financial health within the 4-year term of their election period (2010-2014) and thus could not afford to keep redundant employees on the pay-list indefinitely. In addition, employers and trade unions were also engaged in negotiations over the modernisation of the collective agreement, which would be a response to the growing need for flexibility by local government and to the growing diversity of employees. There is consensus on various topics that should be part of the “Collective Agreement of the Future”. These topics include: - flexibilisation of working hours so as to improve accessibility of public services for citizens, - a personal career budget which will empower employees (career self-management) and which together with other provisions (e.g. job-to-job support) will gradually replace traditional lifetime employment security, - reduction of hiring external staff, investing more in permanent staff, - reduction of bureaucracy. Outcomes After prolonged negotiations an agreement was concluded, offering employees: 2009-2011 - a pay rise of 1.5% in 2010 and 0.5% in 2011 and an 0.5% increase of the-end-of-year payment in 2010 and 2011 2011-2012 - a pay rise of 2% over a 31 months’ period under the 2011-2013 collective agreement, - flexibility of opening hours without overtime payment or extra compensation, - job protection in the form of a 2 year period of job-to-job support on the local government pay-list for employees declared redundant, - employability support for all employees in the form of a personal career budget of €1500 for 3 years, Many local councils have decided on cutbacks on public services. For instance, 1 in 3 local councils cut back on cultural and social provisions, 1 in 5 on maintenance of infrastructure and public space, and 1 in 5 on providing household support for elderly and handicapped citizens (NRC 30-12-2011). Job losses are no longer an exception. In 2011 almost 60 per cent of municipalities cut back on employment, amounting to almost 4 per cent of headcount, 13 through selective filling of vacancies and terminating temporary contracts. Another 4 per cent reduction is expected for 2012. Estimates are that by 2014 13.000 jobs will have gone, which can presumably not be achieved by natural wastage (Personeelsmonitor Gemeenten, 2011). To give one example, Rotterdam will implement the biggest reduction of 2.450 of a total of 12.2000 jobs (NRC 06-04-2012). Role of social dialogue Union representatives have had a role not so much in the decision-making over the austerity measures but rather in their implementation and consequences. It is significant that over the period under study collective agreements were negotiated and concluded through social dialogue, although this proved much harder than before. In addition, unions have been involved in negotiations over the design of a new Social Framework and in informal talks over “The collective agreement of the future”. Employer representatives hold the view that the modernisation of employment relations confronts the unions with a strategic tension: on the one hand their membership consists increasingly of older employees who want to hold on to their acquired rights such as lifetime employment security, while on the other hand such rights mean less for younger employees who have other interests, which are difficult for unions to identify with because these are not favoured by their older members. In the future this might pose a threat to union representation legitimacy – and ultimately to the legitimacy of the social dialogue - if unions do not succeed in appealing to young employees. Impact on social dialogue The negotiations about the two collective agreements which are analysed, broke down and the unions initiated industrial action (February – May 2010; September 2011 – April 2012). In both cases informal talks continued and in the end formal negotiations were resumed resulting in a collective agreement. Negotiators on the employers’ side acknowledged disagreement on two major issues, namely job security and pay rise, but emphasized that there was agreement on the issues to be covered by the “Collective agreement of the future”. They state that relationships between the two sides are friendly as usual. They reject the idea that there would be a politicization of industrial relations in the sense that government employers would be intent on by-passing trade unions. They are adamant that local government employers would not accept to be kept on a leash by central government. In fact, early May 2012, just after a collective agreement had been concluded (20 April 2012), the Minister of the Interior called upon local government employers not to accept the pay rise and to implement a wage freeze which had just been accepted by Parliament, but the local government employers decided not to comply. The employer negotiators point out that trade unions, on the other hand, seem to be intent on postponing bargaining agreements in various sectors with a view to organizing workers’ discontent over this government’s austerity measures so that ultimately the government will fall. 14 3. b Case studies in two municipalities Selection of case studies Two Dutch municipalities were chosen based on the following considerations. First, only medium sized municipalities (about 100.000 inhabitants) that had to cut about the same amount of their total budget were selected. A study by Nicis (2011) evaluating the municipal budgets of the 2011-2014 period was used to select the municipalities that were reported to save the largest and the least amount on their budget for their internal organization and personnel. Two municipalities were chosen that were roughly comparable as regards the political party representation in the city council, at least in terms of the share that parties on the left have, based on the assumption that political orientations will influence the choice of austerity measures. Leeuwarden was chosen as the municipality with the least cut-backs on its organization and personnel and Zwolle as the municipality with the most cut-backs. In addition to Zwolle being the municipality with the largest budget cuts on the organization and its personnel, this municipality has a strong reputation of being a good employer. This added another interesting dimension, since the success of Zwolle in this area could also play a role in how this municipality handled the budget cuts on its organization. During the interviews, it turned out that Leeuwarden, contrary to our expectations based on Nicisinformation, also cut substantially on their costs for the organization and personnel (about 30%) and that therefore, the cases were not contrasted in the way that had been expected. The interviews did, however, show differences in interviewees’ evaluation of the process of the cut-backs and the role of the social dialogue, indicating that other factors than the amount of money being cut explain differences between municipalities. Within the selected municipalities, we interviewed members of the works councils and the head of the HR department. In both municipalities, the work councils had the role of controlling if the local social plans were adhered to and to monitor the process of reorganizations. In both Zwolle and Leeuwarden, the city council – based on their political authority – decided on the amount that had to be cut on the budget for the administrative organization and civil servants. Once this amount was decided on, the management boards of the municipal organizations were responsible for the way the savings were implemented. In both municipalities, this was where the works councils became involved. Next to the role of the municipality director in this process, it was expected that the head of the HR department would play an important role. Findings In this section we will first report the case studies of the two municipalities of Leeuwarden en Zwolle separately and then compare their situations. Leeuwarden employs about 1050 employees and has a budget of roughly 370 million euros. Zwolle has about 1200 employees and a budget of roughly 470 million euros. Both Leeuwarden and Zwolle had a stable financial policy and as a result austerity measures were introduced quite late and were less far-reaching than in other municipalities. Differences in the process of the implementation of measures and the role of the social dialogue were found, however. 15 Leeuwarden Drivers of change The main development impacting the Leeuwarden municipal organization is perceived to be the trend towards a smaller government, leaving more tasks to citizens and the organizations with fewer civil servants. These developments force the municipality to change by working more business-like and focused on the demands of the citizens. In this process, the economic crisis and its effects are mainly seen as adding an additional budgetary pressure and insecurity concerning the incomes from the central government. An on-going focus on efficiency resulted in a 5 million budget cut the organisation in the period 2003-2008. Another cut of 1.3 million was planned for the period 2008-2011. These cuts could be realized without impacting the personnel situation. The first signs of austerity measures resulting from the economic crisis can be found in governing programme of 2010-2014. Due to the crisis – and the resulting losses on ground exploitation and increase of social security payments - budget cuts of 1.2 million were expected (but not yet planned) in 2010. In 2011 however, it turned out that savings of 12 million would be needed due to the budget cuts from central government. This resulted in a budget cut for the organization of 4.3 million (3 million from the new governing programme, 1.3 million from previously planned reductions). In addition, a saving on the organization of 3.5 million was planned for the period 2015-217. These measures were expected to result in a reduction of about 80 to 100 full-time jobs from the total number of full-time jobs of 1054. These jobs should be reduced by ‘natural wastage’ mainly, in order to limit the number of redundancies as much as possible. The total budget cut on the municipal organization should be reached by saving 5-10 per cent spread evenly throughout the organization. Main proposals Both the employer and the works council support the aim for an organization that is more in line with the demands from society by being less controlling and leaving more professional room for its employees. In addition, both parties emphasize the need for strategic personnel planning to be able to be more flexible and react to developments in society. There are however also differences in the views of the employer and the works council. The employer aims at creating a more flexible organization, including more flexibly hired employees and more tailor-made agreements for the employees rather than the same rights for all. The works council on the other hand wants to decrease the number of externally hired employees and aims to protect the employees having a fixed contract. They do acknowledge that a more flexible organization is needed, but emphasize that there is a group of employees that is unable to cope with these changes – especially the group of older employees. With regard to the budget cuts, the employer expected that about 80 to100 fulltime jobs had to be cut. These jobs would mainly be cut by reorganizing the social security department and by ceasing some of the services the city used to provide, like a cultural centre. Initially, it was expected that no forced lay-offs would be needed to reach this planned reduction. The works council agreed with the importance of reducing the number of employees, expecting that no forced lay-offs would be needed. 16 Outcomes The actions that resulted from the budget cuts seem to be ‘classical’: all departments had to cut about 5 to 10% and some departments have an additional specific target. However, the planned reduction of about 100 full time jobs was changed to about 300 jobs, and the employer suddenly assumed that it was not possible anymore to adhere to the workguarantee, which had no end at that time. This resulted in the municipality wanting to layoff dozens of employees in the reorganization of the social security service without adhering to the work-guarantee that was part of the municipality’s social plan. The works council did not accept this neglect of the social plan and as a result, the works council and the employer ended up in court to settle the issue – a highly unusual development in the Dutch public sector. The judge decided that the municipality was only allowed to reorganize when a new social agreement was made. In this new social agreement, the former work-guarantee was limited to a two-year period. The works council agreed with this, since they acknowledged that an unlimited work-guarantee was no longer tenable. Role of the social dialogue The works council in Leeuwarden used to have a role aimed at controlling issues according to the works councils legislation and protecting employees against the employer, rather than taking the role of a strategic partner. However, this role of strategic partner has been taken up lately, and the works council is now more involved in policy-development. For example, the works council has written a document explaining its vision on developments in society and on how employees should become able to be more flexible by getting more professional responsibilities. The control role adopted by the works council in earlier years may have contributed to the escalating conflict over the reorganization of the social security department, but so have changes in the position of both the city manager and the head of the HR department. This change bringing in new people played an important role in the conflict, since at the moment of the planned change an ad interim city manager was coming into office, who had no experience in labour relations and no trusted relationship with the works council based on earlier contacts. Impact on social dialogue Although the social dialogue in Leeuwarden has been problematic, both parties expect that the climate of the social dialogue will improve in the future. One of the reasons is that both parties acknowledge that they need each other in this period of budget cuts. In addition, the works council indicated that in the end, it expects to achieve more with a good social dialogue and being a strategic partner rather than by using legal rights. This change into being a strategic partner is expected to be even more important for the works council’s contribution to flexibility on the local level as an answer to changes in the environment. Zwolle Drivers of change On a more general level, the main driver of change is the perceived need for a more integral organization in order to be able to provide good services to the citizen. Due to the crisis, this 17 pressure became larger because concrete changes needed to be implemented. As early as 2007, Zwolle decided to cut about 2,5 million on its organisation (to be realised in 2011) by means of information management, HRM and shared service concepts. This was planned to result in a reduction of 20 to 30 fulltime-jobs on a total of 1200 employees. In 2010, the first signs of the economic crisis were noticeable: the incomes of ground exploitation decreased and the number of people needing social security increased. In addition, a general sense of uncertainty with regard to cutbacks from central government was felt. As a result, a plan with savings of 8 million was presented, including a 3 million cut on the municipal organization. In 2011, these cuts were stepped up to 11 million, including a 5 million cut on the municipal organisation, due to the continuing uncertainty about the cutbacks from central government. From the 5 million cut on the organisation, 4 million was planned to result from efficiency gains through less managers, a decrease in costs for facilities, and collaboration with partners in the city. It is expected that the organisation will shed 30 full time jobs and if collaboration with partners is successful, another 100 full time jobs will be reduced. The central government plans in 2012 involving the decentralisation of several public services together with large efficiency cuts will presumably result in another round of savings of 8 million, including a 4 million cut on the organisation. Zwolle aims to reduce 20% of its policy-employees by abolishing duplicates between departments. New budget cuts from central government are expected in the nearby future and as a result, Zwolle will make financial provisions to implement the decentralised tasks. Main proposals The works council introduced the principle of ‘appreciative changes’ and thereby focuses on the process through which the employer wants to implement changes or layoffs. In addition, the works council focuses on a qualitative strategic personnel policy. To achieve a 4 million cut decided in 2011, the employer planned to lay-off about 40 to 50 full time jobs, excluding the outsourcing of tasks, without forced-layoffs and focused on the long-term vision (Rapport Bezuinigingsoperatie, 2010). Outcomes The works council agreed with the need of employment reductions and mainly focused on the way layoffs were implemented. The works council had a large role in the process and agreed with almost all of the proposals to cut back costs. Some examples include the lay-off of 8,5 jobs in the public swimming pool, which was implemented by a social plan and which included a special settlement for older workers in order to secure the jobs of the young employees (De Stentor, 4-2-2010). In the case of the abolishment of the city guards, the parties agreed on a social plan that included work-to-work arrangements for the employees laid-off (RTV Oost, 22-2-2012). Zwolle’s strong network within the city and with other cities, contributed to the mobility of the laid-off employees. The network with partners within Zwolle has for example contributed to outsourcing the public green maintenance department to a private organization. The employees of this department could be transferred to this private organization with a good social plan, including a ten-year work guarantee and the establishment of a shared works council with Zwolle. 18 Once the works council decided to advise negatively on an employer plan, namely concerning the establishment of a shared service centre with some other municipalities. The main reason was the process of the planned change. Role of social dialogue A good relation based on trust is said to exist between the works council, the HR department and the board of directors. The works council plays an important role and its position is valued highly by the organization. This importance is evident from the fact that the municipal departments have their own employee participation platform which functions as a sort of subcommittee of the works council, although this causes larger costs for the municipality to organize the works council. As a result, the works council is part of several discussions and its input is used by the board of directors and the HR department in the decision making process. In addition, the works council receives feedback about what has been done with their input. Both parties indicate that part of this good relation is due to the work of the city manager, who has been on this position for a large number of years and has given a priority to HR issues and the relation with the works council. For this situation to flourish continuity of personal relationships between the main actors – works council, HR director, municipal board of directors – is considered important. Impact on social dialogue According to the works council, the relation with the employer is even more important in a situation of crisis, since parties need each other even more. In this case, it is important to know on ‘which side’ the HR department stands because it influences the collaboration between both parties. Both parties support the development of a sectoral collective agreement which limits itself to the regulation of basic employment conditions and leaves a more important role for the works council at the local level. This is in line with the recognition by the works council that the employee should get more responsibility and that the works council should mainly monitor the process and act as a critical party towards the board of directors. Comparison of the two municipalities The dominant driver of change is the existing trend towards a smaller and service-oriented government. This trend gets an extra impulse from austerity measures, being mainly the decreasing payments received from central government and the municipal losses on ground exploitation. In both municipalities a process of several rounds of budget cuts goes on due to the financial crisis and the resulting reaction from central government. In both municipalities the works councils demand a strategic personnel planning which would enable the organization to react better to changes. The works council in Leeuwarden opts for a position of strategic control of municipal personnel policies, based on their own view on employment relationships which involves more room for professionals, less externally hired staff and temps, and no forced redundancies, while the works council in Zwolle focuses on the process of change and participates in seeking alternative employment opportunities based on their view of the organization’s social responsibility and rejection of forced redundancies. 19 The outcomes of change differed. In Leeuwarden staff reduction was effectuated without active support in finding alternative employment whereas in Zwolle the municipal workforce was reduced with active involvement of the employer in arranging jobs in the private sector – accompanied by a private-public partnership for 10 years – and in other public organizations. Because the Leeuwarden municipal employer decided to cut more jobs than initially agreed on, a conflict between employer and works council arose and the works council attempted to defend its refusal of forced redundancies by submitting the conflict to court. The court ruled that the employer should design a new reorganization plan and consult with the works council on the work-to-work support. In both cases the role of the social dialogue involves the works council monitoring the process of change. When the employer does not stick to the rules conflict arises. In addition, the works council in Zwolle participates more in the process of arranging alternative job opportunities. The role of the social dialogue is actively supported by the employer which facilitates social dialogue platforms in all municipal departments which feed management and the works council with information and ideas. Apparently trust-based long personal relationships between employer and works council in Zwolle influence the role of the social dialogue positively. In Leeuwarden and Zwolle both works council and HR director acknowledge the need to collaborate in the current situation which requires change towards a more flexible organization. In Leeuwarden the climate for social dialogue is becoming more positive after a period of strained relationships, whereas in Zwolle the issue is to maintain the positive social climate in a new situation in which the HR function develops from being employee champion towards also being a strategic partner in business. Table 3: Comparison of the two cases Drivers of change Outcomes of change Role of social dialogue Zwolle Trend towards smaller and serviceoriented government Leeuwarden Trend towards smaller and serviceoriented government Austerity measures: decrease in payments from central government and losses on ground exploitation Staff reduction with active support in finding alternative employment (in private sector) Dialogue actively supported by employer Austerity measures: decrease in payments from central government and losses on ground exploitation Staff reduction without active support in finding alternative employment Role of dialogue according to legal regulations Works council as ‘strategic partner’ Impact on social dialogue Need for better collaboration acknowledged by employer and works council in order to attain goal of being a more flexible organisation Works council controls process of change Need for better collaboration acknowledged by employer and works council in order to attain goal of being a more flexible organisation Relation between the sectoral and local level social dialogue institutions 20 In both Zwolle and Leeuwarden a local social plan existed to deal with the consequences of reorganisations and as a result, both municipalities did not experience a large influence of the negotiations on the sectoral level. The local social plan however, has to be at least at the level of agreements made in the sectoral collective agreement. This played a role in Leeuwarden, where the employer and the employee-representatives had agreed on a workto-work period of 16 months, which had to be adjusted after an agreement at the sectoral level that this period should be 24 months. In addition, the employer and the works council in both municipalities indicated that they experienced the sectoral agreement as hindering on several points, especially with regard to the training budget and local flexibility. Therefore, they support the idea that the sectoral collective labour agreement should be more basic and leave more room for the local level to negotiate tailor-made arrangements. In both municipalities, this development is complemented by a more important role for the works council on the local level, since the works council is expected to be better able to respond to municipality-specific situations. The works councils do note however, that the unions have more power on the sectoral than the local level. To conclude, it should be noticed that these developments have been around for a longer time, with the crisis mainly adding more pressure to the need for local flexibility and the negotiations on the ‘CLA of the future’. 4. Conclusions These conclusions deal with the major issues of our study. First, we deal with the drivers of change in public sector employment relations, namely the influence of central government and its austerity measures, and demographic changes. Secondly, we assess the consequences of austerity measures and other changes. Thirdly we evaluate what influence the social dialogue has had on shaping these consequences, and we reflect on the institutional characteristics of the Dutch employment relations system with a view to assessing what is distinctive of this national case. The drivers of change in public sector employment relations The economic and fiscal crisis and the influence of central government The history of central government policies to cut back on the public sector goes back to well before the current economic and fiscal crisis. Previous public management reform programmes aimed at creating a smaller government that provides better public services for citizens. The ideological legitimization of these programmes has been a mix of efficiency and quality of service, lately picking up on some of the Big Society themes that have been propagated by the British prime minister Cameron. The economic and fiscal crisis has added an extra impulse to these reform programmes. This impact manifests itself first in quantitative measures aimed at cuts in public sector employment and wages, and second in structural reforms such as the decentralization of public services to local government. Formally it is sectoral employers associations and unions that negotiate over the sectoral collective agreement, with no involvement of central government. This is in accordance with 21 the 1993 agreement about the decentralization of collective bargaining. Obviously, central government’s funding decisions have a major impact on public services and influence employment relations indirectly in each sector. Cut back decisions constrain the scope which employers and unions have for collective bargaining at sectoral level. This was evident in the case of local government. However, both local government and hospitals are in the position that they have other incomes than government funding only, so that they have relative autonomy in determining terms and conditions. By contrast, central government decides on the budget for employment conditions in central government and primary education, and government ministers act formally as employer in negotiations with trade unions. This means that when government decided on a wage freeze in central government and primary education there was no room for unions to negotiate about this. Central government also influences employment conditions for those public services (sheltered workplaces, youth care) that have been transferred by central government to local government but with cut backs of up to 20 per cent. The impact of demographic changes The average age of the workforce is higher in some parts of the public sector – public administration; education – than in other parts, with only small numbers of young employees joining the sector. Demographic trends (ageing, dejuvenation) have been a factor influencing employment policy in various ways. First, in order to deal with the expected outflow of older employees and the consequent loss of their knowledge, employers have been encouraged over the past decade to develop agerelated policies to support older workers and retain them. Such age-related policies, in combination with the governmental decision in 2004 to stop fiscal support of early retirement, have resulted in an increase of labour participation among older workers. However, on the other hand implementing austerity measures in government organizations is much easier if older employees leave the public service voluntarily, because their labour costs are higher than average and because there is less chance of the need for collective redundancies with the associated need for bureaucratic procedures and risk of conflict with unions. To date the outflow of (older) employees has been sufficiently large to compensate for the planned reduction of jobs Second, demographic changes have been a reason for employers and unions to agree on the need for policies to be an employer of choice attracting young employees. Several measures have been the result, such as employability support, life-stage and personal career budgets. The case of hospitals differs from the other sectors in this study, because the current labour recruitment problems and the expected increase of the demand for healthcare due to the ageing population create a situation in which employers and unions are exempt from austerity measures. To conclude, the current economic and fiscal crisis has provided an extra impulse to public sector reforms aimed at creating more efficient and service-oriented public services. However, these reforms have a longer history going back to the 1990s well before the current economic crisis emerged and they are also a response to other longstanding trends such as ongoing demographic changes. 22 The consequences of austerity measures and other changes The austerity measures have had a significant impact on employment relationships in central and local government, in primary education but hardly any impact in hospitals. This impact is manifest in a government decided wage freeze in central government and primary education, where government ministers act as employer. Local government felt the impact of austerity measures as well because central government reduced its funding to municipalities. The association of local government employers made use of its relative autonomy to conclude a collective labour agreement, which includes a modest wage rise. The impact of austerity measures is also evident in the decline of public sector employment in all sectors except hospitals. Job losses in central and local government amount to almost 10 per cent. There are also modest job losses (up to 4 per cent) in primary education, which are partly due to cut back decisions and partly to the declining number of children. Hospitals are a special case in this study because of the current labour market situation with which hospitals are confronted and because of the growing need for hospital care related to the ageing population. Consequently, employer and trade union representatives were able to agree on a ‘normal’ wage rise. The public sector is confronted as well with demographic changes. As a result various forms of employability measures have been introduced, including work-to-work support and a personal career budget. Another consequence of demographic changes in combination with the economic and the fiscal crisis is manifested by the decision of successive governments to raise the retirement age. Every new government is intent on raising the retirement age to 66 and 67 at a shorter notice than the previous government wanted because in that way more employees are forced to continue working, pay taxes and social security and pension contributions instead of receiving pension benefits partly paid for by the government. Austerity measures and demographic changes have also added an extra impulse to the modernisation of public sector employment relations. Obviously, the concept of ‘modernisation’ means different things to different actors. Yet, despite these differences the modernisation process has resulted in changes that are quite significant. Lifetime job security is formally no longer a characteristic of public sector employment, which it was until recently in government organisations though not in semi-public and nonprofit organisations. Employers and unions have agreed on regulations to that effect. The LIFO-principle (Last in first out), which in practice guaranteed that older public servants could not lose their job, has been replaced with a set of rules that oblige the employer to offer support for public servants who have become redundant to find another job, and that obliges the employee to collaborate with the career support and to accept an appropriate job offer. In local government unions have accepted that employees who have been made redundant will get support to find another job and will remain on the municipal paylist for a maximum of 2 years. Employability has replaced the notion of job security, which - in the Netherlands – involves the responsibility of the employer to provide facilities to the employee. Modernisation of 23 employment conditions in this domain is strongly related to the recognition of employers and unions of the increasing diversity of employees and the need to make collective agreements less standardized. This was also found in the case studies in Leeuwarden and Zwolle, where both the employer and the works council argued for a more ‘basic’ collective agreement at sectoral level in order to allow for flexibility at the local level. Innovative agreements Over the past years most collective agreements have come to include measures meant to support lifetime employability of employees, involving measures such as job guidance and counselling, training and development for older workers, and mobility support in the form of temporary placements in other organizations with a right to return to the former job. Several collective agreements include innovative measures that are meant to empower employees and support their career self-management. Examples of such innovative measures are the life-stage budget in hospitals and the personal career budget in local government. Examples of innovative mobility programmes at local level were found in Zwolle. First, a strong network of both public and private partners in the municipality was found. This network contributed to the municipality of Zwolle being able to provide a well-working work-to-work program for laid-off employees. This network also contributed to the outplacement of the public green maintenance department to a private organization. Second, several networks with other partners outside the city were established, like the Talentenregio which includes 15 municipalities and the Zwolle-Kampen network, in which the municipalities Zwolle and Kampen closely collaborate. These networks help to increase mobility by exchanging employees and creating a larger internal job-market. Although these networks were developed before the crisis, the crisis added extra pressure to the process by making collaboration between the involved parties more important. The influence of the social dialogue on shaping the consequences of change Assessing the influence of social dialogue is not a straightforward and easy task, because all actors present their proposals, demands and results from their own strategic perspective. Having said this, we are fairly confident in concluding that collective bargaining by trade unions has been fairly ineffective in central government and primary education and was effective in local government and healthcare. Unions tabled conventional demands for a wage rise compensating for inflation and for job security. In central government and primary education no collective agreements were concluded and industrial conflict organized by unions had no effect. The industrial conflict in the primary education sector is notable because this involved unions and school employers jointly lobbying against central government’s decision to cut 300 million on education for children with special needs; at a later stage this lobby was successful as parliament repealed the initial government decision. In local government negotiations were more difficult than before, and when employers and unions continued to disagree unions organized protest demonstrations and strikes, which eventually resulted in collective agreements which provided a modest wage rise as well as a measure replacing job security by 2 year work-to24 work support for employees made redundant. In healthcare social dialogue functioned as usual and collective bargaining resulted in wage rises and other arrangements that can be considered ‘normal’. When it comes to job losses unions and works councils take the role of controlling that the process proceeds according to established rules. On the level of local municipalities, social dialogue is more actively supported in Zwolle and a long trust-based relationship between the employer and the works council exists. This seems to go along with a proactive involvement of the social dialogue in developing policies and supporting the creation of alternative employment opportunities through public-private partnerships and mobility networks with public and private in the region. Assessing the influence of unions on the consequences of austerity measures it should be noted that central and local government have to act within an institutional framework that constrains their influence on the austerity measures themselves through the so-called primacy of politics. It is the prerogative of government and parliament to decide on austerity measures, and when these explicitly involve decisions such as a wage freeze and cuts on employment it is impossible for unions to change that. A specific issue of interest in this project concerns the question whether social dialogue institutions themselves suffer from the impact of austerity measures. There was no support among our interviewees for the idea that (central) government employers might make use of the economic crisis to bypass social dialogue and marginalize worker representatives. Both employer and union representatives who were interviewed, indicated that the current situation makes collective bargaining hard – in the case of central government and primary education leading to a unilaterally decided wage freeze. However, all interviewees emphasized that this was a ‘normal’ situation and that employer and union representatives meet each other informally and negotiate other issues besides the collective labour agreement such as social frameworks. The continuity of ‘normal’ employment relations appears to be dependent on frequent interaction and trusted personal relationships. However, there is some concern among employer representatives about the legitimacy of union representation in the future. From their point of view unions cling to claims, for instance about job security or about the need for detailed rules which provide rights to employees, that resonate with their membership which consists predominantly of older employees, but that do not resonate with young employees. Employer representatives observe that unions do not relate to the views that young employees hold. They think that unions’ lack of identification with young employees’ views is a major reason why young employees do not join unions and that this will ultimately affect union representation legitimacy. On the other hand, union representatives hold the view that young employees tend to hold naïve views about employment relations and that they will discover the need for detailed rules providing rights later on in their career. Therefore, unions defend the need for rules but they recognize that it is difficult for them to bring this message across and appeal to young employees. What comes across in this latter issue is the contested issue of flexibility and its wider implications. One of the characteristics of HR-practices in public sector organizations has 25 been its standardized employment practices and collectivized industrial relations (Farnham & Horton 1996; Boyne, Jenkins & Poole 1999). Public sector employers are moving towards HR-practices that involve more flexibility and more space for the individual employee. Employee representatives continue to subscribe to the view that standardized rules that specify employee rights are better. Reflections on the institutional characteristics of the Dutch case The social dialogue is a stable institution as such in the Netherlands. The economic crisis does not impact the central institutions of the collective agreement, the consultation and negotiation mechanisms at sectoral level, and the works council at organizational level. Employer as well as employee representatives emphasize that employment relations are ‘normal’ even if in some sectors it is impossible to conclude collective agreements because the central government employer imposes a wage freeze. Employee representatives observe no attempt from central government or from employers to bypass them. While it may be impossible to conclude a collective agreement on wages, consultation on other issues occurs as usual. It appears that the Dutch culture of cooperation, which is also referred to as ‘poldermodel’, is quite resilient and supports the continued functioning of the social dialogue. However, the difficult question to answer is whether the social dialogue delivers results. First, it appears that the effectiveness of the social dialogue varies by sector, partly reflecting the differential impact of economic and demographic circumstances. In some sectors collective bargaining is able to produce moderate or even normal results in terms of employment conditions. More importantly, trade unions and works councils act as watchdogs of employers’ policies on employment cuts and their implementation. The case of the Leeuwarden works council shows that legally institutionalized rights help the works council to enforce its control role. Second, the social dialogue at sectoral and organizational level is also able to generate innovative arrangements. While one may question the ‘innovative’ character arguing that this is basically enforced because of reorganizations, the creation of a work-to-work support scheme is regarded by both employers and unions as a modernisation of employment relations that is better fitted to today’s permanent change. They take the view that measures to support employees’ employability reflect employer’s social responsibility, and feel that the social dialogue has been able to contribute to developing such arrangements. So it appears that social dialogue institutions in the Netherlands facilitate producing balanced outcomes that take into account the interests of various stakeholders. 26 References Algemene Rekenkamer (2011). Bezuinigingsmonitor 2011. Tweede Kamer der Staten Generaal, vergaderjaar 2010-2011, 32 758, nr.1. ’s-Gravenhage. A+O fonds Rijk (2011). Medezeggenschap bij de overheid. The Hague. Arbeid en Overheid (2012). Kerngegevens arbeid en overheid. Retrieved from http://www.arbeidenoverheid.nl/tng/default.aspx?guid=0a34bb3c-06de-4190-ab47113a5a89ca35&type=pg on 09-10-2012 Boyne, G., M. Poole & G. Jenkins (1999). Human Resource Management in the public and private sectors. Public Administration, 77(2): 407-420. CBS (2012). Kerngegevens zorginstellingen. Retrieved from http://statline.cbs.nl/StatWeb/publication/?DM=SLNL&PA=81732NED&D1=1-207&D2=12,6&D3=2-4&HDR=G2,G1&STB=T&VW=T on 09-10-2012 De Stentor (04-02-2012). Sociaal plan voor zwembadpersoneel. Retrieved from http://www.destentor.nl/regio/zwolle/6187752/Sociaal-plan-voor-zwembadpersoneel.ece on 14-08-2012. De Volkskrant (13-02-2012). Ten eerste: ontslagen in het basisonderwijs. Farnham, D. & S. Horton (1996). Managing people in the public services. Basingstoke and London: MacMillan. Kickert, W. (2012). State responses to the fiscal crisis in Britain, Germany and the Netherlands. Public Management Review, 14(3): 299-309. Ministry of Education, Culture and Science (2011). Kerncijfers 2007-2011. The Hague. RTV Oost (22-02-2012). Tevredenheid over social plan stadswachten Zwolle. Retrieved from http://www.rtvoost.nl/nieuws/default.aspx?nid=139753 on 14-08-2012. Pollitt, C. & G. Bouckaert (2011). Public Management Reform. Oxford: Oxford University Press. Steijn, B. & P. Leisink (2007). Public management reforms and public sector employment relations in the Netherlands. International Journal of Public Sector Management, 20(1): 3447. 27 VNG (2011). VNG-reactie gemeentefondsbegroting 2012. Retrieved from http://www.vng.nl/files/vng/vng/Documenten/actueel/brieven/parlement/2011/20111111 _Parlement_ECGF-U201101838.pdf on 14-10-2012. VNG (2012). VNG-notitie: De financiele stromen van Rijk naar gemeenten. Retrieved from http://www.vng.nl/files/vng/vng/Documenten/actueel/beleidsvelden/gemeentefinancien/2 012/20120621_geldstromen_rijk_gemeenten.pdf on 12-10-2012. Zwolle (2010). Rapport bezuinigingsoperatie 4 + 4. Zwolle. 28 Appendices Appendix 1: Notes from the social partner workshop On September 20th 2012, researchers and social partners met for a session on the impact of the economic situation on labour relations in the Dutch public sector. The meeting was organised by the CAOP, a knowledge centre on labour affairs in the public domain. Employer representatives from several ministries, representatives from several trade unions and several academics and experts from the CAOP participated. In the workshop, both national and international perspectives on the impact of the economic crisis were discussed and a comparison between different public domains was made. At the start of the meeting, the research team presented their preliminary findings and an employer-representative of central government acted as discussant. These presentations were followed by a discussion on several key issues. In the following section, the main points discussed will be presented. Flexibility versus rules On the one hand, there is a high degree of detail in the CLA, on the other hand there is a shift in focus towards more flexibility and more steering capabilities for the individual. As one union representative explained, there are on-going discussions about the CLA being aimed at ’standard employees’ – while the demands of many employees are different. Some of the choices that have been made for the group of employees as a whole are sub-optimal for all or most employees (for example with regard to travelling expenses). As a result, there needs to be a focus on the different kinds of work within organizations and sectors and the tailoring of employment arrangements in the future. According to the discussant, secondary labour conditions get increasing interest. A trend is developing from detailed rules towards more freedom for the individual. Especially in the market sector, employees are interested in exchanging working conditions (for instance wage and leave). The impression is that this has a moderating influence on the total costs for public employees. Social dialogue Role of politics In many sectors, the government has several roles in negotiations – financial, regulatory and policy-formulating – and has a variety of reasons for intervening in collective bargaining negotiations. The interventions by politicians in the industrial relations are both economic (for example a wage freeze) and policy-oriented (for example the position of older and younger employees). In the current economic situation, the government is openly intervening as a reaction to budgetary developments. 29 The participants observe that unions appear to accept the primacy of politics. The downside of this is that politicians are not always aware of all the ins and outs of labour conditions. As a result, more connections between the unions and politicians are needed in order for politicians to make well-informed decisions about labour conditions. As a result, a different division of roles is proposed between politics, the employer and the unions: politics need to define the budgetary framework (budgets) and the negotiations between the employer and the unions should focus on the agreements within this framework. Changes within unions Within the unions, a declining number of members, a shift towards a conflict-model and internal conflict add pressure to change. The union representatives presented several explanations for these changes. First, the union-density is declining, which results in a low number of employees that are represented and in a worsening of the financial position of the unions. The need for unions to manifest themselves could lead to a decreasing influence of the social dialogue. Second, a general shift towards the conflict-model can be noticed in unions. However, the important role of personal relations between the negotiators should not be underestimated. The negotiator of a union has to take both its union board and the other negotiator into account; as a result, it is difficult for unions to suddenly change direction. Third, different groups of followers can be distinguished within unions, for example more and less active members and lower and higher educated members. This results in a greater tension between these groups – also with regard to which regulations are preferred (for example the ‘last in first out’ principle versus support in finding another job). This results in tensions within unions. A CAOP expert and the discussant argue that these developments pressure unions to change. However the consultation model is still the most advantageous for both employees and employer to make efficient labour agreements and therefore these are still legitimate. Impact of the economic crisis As the discussant indicated, the economic crisis mainly adds an extra financial pressure to a system that was already changing due to drivers like demographic trends and liberalisation. On the long run, the contours of a new system can already be noticed. As a result, it is difficult to pinpoint the impact of the crisis exactly; in the Netherlands budgets for the public sector are being cut since the ‘80s. The economic crisis forces the government to introduce budgetary measures which result in a tension in the negotiations because of the limited options for trade-offs. The discussion focuses on the price of labour, rather than the number of public servants; the trend is budgeting. The crisis however also creates room for discussion and leads to innovative measures, like the replacement of the work-guarantee by a two year work-to-work period. As concluded by the several parties participating, the crisis is not seen as an all-decisive factor influencing the Dutch public-sector labour relations: the change started long before the economic crisis and will last until long after the crisis. 30 Appendix 2: Information about fieldwork Two Dutch municipalities were selected as case-studies using the following steps. First, only medium sized municipalities (about 100.000 inhabitants) that had to cut about the same amount of their total budget were selected. Within this selection, a report of Nicis (2011) evaluating the municipal budgets of the 2011-2014 period was used to select the municipalities that were reported to save the largest and least amount on their budget for the internal organization and personnel. Of the municipalities that had the most and least reductions on this budget, two municipalities were chosen that were roughly comparable on their share of left seats in the city council. Leeuwarden was chosen as the municipality with the least cut-backs on its organization and personnel and Zwolle as the municipality with the most cut-backs. In addition to Zwolle being the municipality with the largest budget cuts on the organization and its personnel, this municipality has a strong reputation of being a good employer. This added another interesting dimension, since the success of Zwolle in this area could also play a role in how this municipality handled the budget cuts on its organization. During the interviews, it turned out that Leeuwarden, contrary to our expectations based on Nicis-information, also cut substantially on their costs for the organization and personnel (about 30%) and that therefore, the cases could not be compared on the amount they had to cut back. The interviews did, however, show differences in interviewees’ evaluation of the process of the cut-backs and the role of the social dialogue, indicating that other factors than the amount of money being cut explain differences between municipalities. Within the selected municipalities, we interviewed members of the works councils and the head of the HR department. In both municipalities, the work councils mainly had the role of controlling if the local social plans were adhered to and to guard to process of reorganizations. In both Zwolle and Leeuwarden, the city council – based on their political authority – decided on the amount that had to be saved on the budget for the administrative organization and civil servants. Once this amount was decided on, the boards of the municipal organizations were responsible for the way the savings were implemented. In both municipalities, this was where the negotiation room for the works councils could be found. Next to the role of the municipality director in this process, it was expected that the head of the HR department would play an important role in this process of savings on personnel. With regard to the sectors central government, hospitals and local government, a union-representative and employer-representative were interviewed. Primary education was an exception, since only an employer-representative was interviewed. List of interviewees (in chronological order) Union negotiator central government Two members of employer delegation of local government Union negotiator healthcare Employer board member primary education Employer negotiator central government Head of HR department Manager quality and labour healthcare Member of works council Three members of works council Head of HR department Union negotiator local government Abvakabo FNV VNG 14/03/2012 16/03/2012 Abvakabo FNV PO-raad Central government Municipality of Zwolle NVZ Municipality of Zwolle Municipality of Leeuwarden Municipality of Leeuwarden Abvakabo FNV 21/03/2012 26/03/2012 17/04/2012 19/04/2012 20/04/2012 05/06/2012 19/06/2012 19/06/2012 16/08/2012 31 Appendix 3: Employer and trade union organizations Overview of employer and trade union organizations for each sector included in this study, which are involved in negotiations over the collective labour agreement Central government employer Minister van Binnenlandse Zaken en Koninkrijksrelaties Trade unions ACOP = Algemene Centrale van Overheidspersoneel CCOOP = Christelijke Centrale van Overheids- en Onderwijspersoneel Ambtenarencentrum CMHF = Centrale van Middelbare en Hogere Functionarissen bij Overheid, Onderwijs, bedrijven en Instellingen Municipalities employer VNG = Vereniging van Nederlandse Gemeenten Hospitals employer NVZ Vereniging van Ziekenhuizen Primary Education employer Minister van Onderwijs, Cultuur en Wetenschappen PO-Raad (PO=primair onderwijs) Trade unions Abvakabo FNV CNV Publieke Zaak CMHF Trade unions Abvakabo FNV CNV Publieke Zaak FBZ= Federatie van Beroepsorganisaties in de zorg en daaraan gerelateerd onderwijs en onderzoek NU’91 Trade unions ACOP (Aob FNV) CCOOP (CNV Onderwijs) AC CMHF 32 Appendix 4: Overview of included sectors Central government Central government in the Netherlands consists of various ministries, executive bodies (such as the tax and customs administration), inspections (such as the health care inspectorate) and quango’s (such as Statistics Netherlands). Primary education Dutch primary education consists of basisonderwijs [primary education] and speciaal onderwijs [special education] for children that are in need of special care. In 2011, about 1.629.600 children between 4 and 12 years were educated in 7.435 schools (Kerncijfers Onderwijs, 2011). Schools are financed by the Ministry of Education, Culture and Science, involving a lump sum for material and personnel costs based on the number of students and on the mean age of the teachers employed. The housing of schools is financed by the municipalities. Hospitals The healthcare sector in the Netherlands (care and cure) consists of three domains: care, elderly homes and home care; hospitals; and academic medical hospitals. The hospital sector consists of 137 organisations. Approximately 75 per cent of all hospital staff has a job that is directly care-related. Annually, a budget is allocated to hospitals by the Dutch healthcare authority (NZa). This budget is composed of several components, including the number of hospital beds and the expected ‘production’. The money from this budget is not automatically transferred, but has to be ‘earned’ by the hospitals by performing medical procedures, all of which have standardised rates. The Ministry of Health, Welfare and Sport (VWS) makes funds available for developing working conditions (OVA-ruimte). Local government Local government in the Netherlands, consists of 418 municipalities, and has responsibilities for policies in various domains, such as housing, infrastructure, environment, promotion of the local economy, (primary) education, culture, sports, and social assistance. Apart from core tasks the range of services that municipalities provide varies. Some municipalities employ public servants to provide services such as in open space maintenance, musea, concert halls and swimming pools, while many others have outsourced such activities. 33