EU Social Dialogue
and Health & Safety issues
François ZIEGLER
DG EMPL
What role for EU social dialogue?
"It is precisely those European countries […] with the most
developed social partnerships that are among the most
successful and competitive economies in the world. "
President Barroso, State of the Union 2012 Address
We also have social dialogue, collective bargaining and
consultation as part of our DNA."
President Barroso, The Employment Policy Conference,
6 September 2012
Legislation
Mobility - Gender equality
Working conditions - Health and Safety
European
Social
Funds
European
Social
Policy
Agenda
Open Method of Coordination
Employment
Social protection
Social
Dialogue
A pillar of Europe’s social model
Strong institutional recognition
• Art. 152 TFEU: Union recognises and promotes the
role of social partners at Union level + Tripartite
Social Summit
• Article 154: promotion of consultation of European
social partners by the Commission + balanced
support for their dialogue
• Article 155: agreements concluded by social
partners
A pillar of Europe’s social model
Consultation and
Negotiation procedure
in accordance with
Articles 154 and 155
TFEU
Levels
European Social Dialogue
Bipartite Dialogue
Employers – Trade Unions
Cross-industry
Social Dialogue
Committee
Sectoral
Social Dialogue
Committees
Covering the economy
as a whole:
workers (ETUC)
and employers
(BUSINESSEUROPE,
UEAPME, CEEP)
Covering workers
and employers
of 41 specific sectors
of the economy
Tripartite
Concertation
Public Authorities
(Commission, Council) +
Trade Unions + Employers
Tripartite Social Summit for
Growth and Employment
(Art. 152 TFEU)
EU sectoral social dialogue
Natural resources Agriculture
sectors
Manufacturing
sectors
Services sectors
Extractive industries
Sea fisheries
Chemical industry
Construction
Electricity
Footwear
Furniture
Gas
Paper industry
Shipbuilding
Steel
Sugar
Tanning and Leather
Metal
Textile and Clothing Woodworking
Food and Drinks
Audiovisual
Banking
Central government
administrations
Civil aviation
Contract catering
Education
Industrial cleaning
Commerce
Hotel and Restaurant
Hospitals and
Healthcare
Inland waterways
Insurance
Live performance
Local and regional
government
Personal services/
Hairdressing
Postal services
Private security
Professional football
Railways
Road transport
Maritime transport
Telecommunications Temporary agency work
Governance
Comm
Social Partners
"Autonomy and responsibility"
Social
Dialogue
Committee
Decide on the rules of procedure of
their dialogue (objectives,
preparation, presidency…)
Decide on the level and rhythm of
their dialogue (number and type of
meetings)
Decide on the content of their
dialogue (meeting agenda)
Decide on the outcome of their
dialogue (instruments)
Typology of EU social dialogue outcomes
Agreements
establishing
minimum standards
Framework agreements
Autonomous agreements
Frameworks of action
Process-oriented
texts
Guidelines and Codes of conduct
Implementation
reports
Follow-up
reports
Policy orientations
Joint opinions
Joint opinions and
tools: Exchange of
information
Declarations
Tools
Information
Dissemination
EU legislation based on Art. 155.2
Cross-industry social partners
agreements
1996
Directive 96/34/EC (parental leave)
1997
Directive 97/81/EC (part-time work)
1999
Directive 1999/70/EC (fixed term
contracts)
Sectoral social partners
agreements
Directive 1999/63/EC (working time
of seafarers)
2000
Directive 2000/79/EC (working time
of mobile workers in civil aviation)
2005
Directive 2005/47/EC (working
conditions of mobile workers
assigned to interoperable crossborder services
2009
Directive 2009/13/EC implementing
the Agreement on the ILO Maritime
Labour Convention, 2006
2010
Directive 2010/18/EC EU (parental
Directive 2010/32/EC (sharp
Cross-industry outcomes
–
“Autonomous” agreements implemented by
cross-industry social partners
•
•
•
•
Telework – 2002
Work-related stress – 2004
Harassment and violence at work – 2007
Inclusive labour markets – 2010
Sectoral EU social dialogue outcomes
Agreements
• Railways – Agreement on some aspects of the organization of working time
(Directive; 1998)
• Maritime transport – European agreement on the organization of working time
of seafarers (Directive; 1998)
• Civil aviation – European agreement on the organization of working time of
mobile staff in civil aviation (Directive; 2000)
• Railways – Agreement on certain aspects of the working conditions of mobile
workers assigned to interoperable cross-border services (Directive; 2004)
• Railways – Agreement on the European licence for drivers carrying out a
cross-border interoperability service (autonomous; 2004)
• Multi-sectoral – Agreement on Workers Health Protection through the
Good Handling and Use of Crystalline Silica and Products containing it
(autonomous; 2006)
• Maritime transport – Agreement on the Maritime Labour Convention 2006
(Directive; 2008)
• Railways – Joint declaration on the application of the CER-ETF Agreement on
a European Locomotive Driver’s License (autonomous; 2009)
• Personal services – European agreement on the implementation of the
European Hairdressing Certificates (autonomous; 2009)
• Hospitals – Framework agreement on prevention from sharp injuries in the
hospital and healthcare sector (Directive; 2009)
Recent EU social dialogue agreements
• 3 agreements for which implementation by EU legislation is
requested/expected by EU social partners:
– European agreement concerning certain aspects of the organisation of
working time in inland waterway transport - Signed on 15 February 2012
– European framework agreement on the protection of occupational health
and safety in the hairdressing sector - Signed on 26 April 2012
– Agreement between the European social partners in the Fisheries sector
concerning the implementation of the Work in Fishing Convention, 2007
(C188) of the International Labour Organization - Signed on 21 May 2012
•
1 agreement to be implemented autonomously by EU social
partners and their national affiliates:
– Minimum requirements for standard player contracts in the professional
football sector - Signed on 19 April 2012
Role of national social partners in the
implementation process
Actors
National social partners
Responsibilities
•
•
•
•
•
•
European social partners
•
•
•
•
National authorities
Commission
•
Main responsibility for implementation
Translation (if necessary)
Dissemination of autonomous agreement and
information
Discussions/negotiations between social partners
Developing implementing measure
Reporting about implementation activities
Assistance and advice (e.g. translation, best
practices)
Coordination and monitoring of activities
Yearly progress reports and final implementation
reports
Interpretation (in case of doubts/requests)
•
Subsidiary role in implementation, e.g. through
regulation
or legislation (not compulsory)
•
•
Assistance and financial support (if necessary)
Monitoring and assessment
Challenges
• Actively involving all national social partners
– is essential to ensure the European social dialogue
process:
• is legitimate
• achieves effective outcomes and follow-up at national level
– European social partners have made progress, but more
remains to be done
• Consultation and administrative capacity
– European social partners are involved in the European
policy-making process
– Requires capacity to coordinate among their members
and to deliver timely reactions
– Capacity depends on that of their national affiliates
Challenges
• Capacity to negotiate agreements at European level
– One of the conditions for participation in a sectoral dialogue
committee
– The potential offered by the institutional framework to sectoral
negotiation is not yet fully exploited
– Commission provides technical and financial support to
negotiations, as well as legal advice upon request
• Capacity to implement agreements
– Most European sectoral social partner organisations have limited
capacity to influence their national affiliates
– Follow-up at national level depends on:
• effective involvement of national sectoral social partners in
EU dialogue
• interaction between the EU social dialogue mechanisms and
national industrial relations systems
• representativeness of social partners
Specific challenges for "New" Member States
• Structural weaknesses at national level
– Historical reasons (transistion of societies; privatisations;
structure of employers' organisations; tripartite social
dialogue)
– Social partner often have not the "capacity" to participate in
capacity-building measures
• Specific sectoral weaknesses at EU level
– E.g. social dialogue at company level
• Potential for adaptations!
– E.g. EU Industrial Policy recognises more and more the
sectoral level – Supporting structures need to be identified!
Prerequisites for social dialogue
•
•
•
•
•
•
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Freedom to associate
Freedom to negotiate and ability to sign
agreements
Capacity to implement European social dialogue
agreements at national level
Sectoral and cross-sectoral dimension
Bipartite autonomous social dialogue
Representativeness
Operational capacity and organised structure
The Charter of Fundamental Rights
• Referred by the European Court of Justice in case laws as
“principles of law”
• In line with ILO conventions and the ECHR provisions
• Declared alongside Nice Treaty in 2000
• Enacted in the Lisbon Treaty
– Article 6 :
“The Union recognises the rights, freedoms and principles set out
in the Charter of Fundamental Rights of the European Union of 7
December 2000, as adapted at Strasbourg, on 12 December
2007, which shall have the same legal value as the Treaties”
The Charter of Fundamental Rights
• Article 12 : Freedom of assembly and of association
“Everyone has the right to freedom of peaceful
assembly and to freedom of association at all levels,
in particular in political, trade union and civic matters,
which implies the right of everyone to form and to join
trade unions for the protection of his or her interests.”
The Charter of Fundamental Rights
• Article 27 : Workers' right to information and
consultation within the undertaking
“Workers or their representatives must, at the
appropriate levels, be guaranteed information and
consultation in good time in the cases and under
the conditions provided for by Union law and
national laws and practices”.
The Charter of Fundamental Rights
• Article 28 : Right of collective bargaining and
action
“Workers and employers, or their respective
organisations, have, in accordance with Union
law and national laws and practices, the right to
negotiate and conclude collective agreements at
the appropriate levels and, in cases of conflicts of
interest, to take collective action to defend their
interests, including strike action”.
Article 9 of the Treaty
“In defining and implementing its policies and
activities, the Union shall take into account
requirements linked to the promotion of a high
level of employment, the guarantee of adequate
social protection, the fight against social
exclusion, and a high level of education, training
and protection of human health”.
Financial support
Budget lines to support social dialogue and improve expertise
• Budget heading 04 03 03 01 – Industrial Relations and Social
Dialogue
– EUR 16 500 000 (2011)
– Objectives
• Support to European social dialogue at the cross-industry and sectoral
levels
• Improving expertise in the field of industrial relations
– Activities
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Project grants (80-85/year)
Social dialogue meetings
Studies, publications
Information and communication
Conferences
Joint work with ILO
Financial support
Budget lines to support social dialogue and improve expertise
• Budget heading 04 03 03 02 – Information and training
measures for workers' organisations
– EUR 17 000 000 (2011)
– Project grants (20-25/year)
– Operational grants ETUI, EZA
• Budget heading 04 03 03 03 – Information, consultation and
participation of representatives of undertakings
– EUR 7 500 000 (2011)
– Project grants
Financial support
European Social Fund
•
Supports initiatives aimed at strengthening the administrative capacity
of social partner organisations in Member States (national actions)
Instrument for Pre-Accession Assistance (IPA)
•
•
Helps potential candidate and candidate countries in their quest to join
the EU
Relevant components:
– Transition Assistance and Institution Building
– Human Resources Development
EU Social Dialogue on the internet
http://ec.europa.eu/social/main.jsp?catId=329&langId=en
EU Social Dialogue on the internet
Social Dialogue texts database:
http://ec.europa.eu/social/main.jsp?catId=521&langId=en
http://ec.europa.eu/social/main.jsp?catId=521&langId=en
Thank you for your attention !