the european concertation model. 2 ● the legal framework ● tripartite ● interprofessional ●...
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the European concertation model
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the European concertation model
● the legal framework
● tripartite
● interprofessional
● sectoral
● company level
● national level
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the European concertation model
● the legal framework
● tripartite
● interprofessional
● sectoral
● company level
● national level
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the European concertation model
the legal framework : the Maastricht Treaty 1992 (see also Amsterdam Treaty 1997)
● article 136 : the Community and the Member States aim to promote employment, improve working and living conditions, establish suitable social security provisions, ensure social dialogue and develop human resources to enable a high, sustainable level of employment and to fight exclusion
● article 137 : action in the following areas
● improvement of working environment, protection of health and safety● working conditions● social security and social welfare for workers● protection in the case of termination of the employment contract● information and consultation of workers● representation and collective defence of the interests of workers and
employers, including co-management● employment conditions for nationals of third countries● integration of people excluded from the labour market● gender equality● the fight against social exclusion● modernisation of the system of social protection
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the European concertation model
● article 138 : the Commission has the task of promoting consultation of social partners at Community level, facilitating their dialogue, consulting them before presenting proposals in the field of social policy and asking their opinion on the content of planned proposals
● article 139 : dialogue between the social partners at Community level may lead to contractual relations, including agreements, ratified by a Council decision
option of negotiating binding European framework agreements, officialised in the form of directives or autonomously implemented by the social partners
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the European concertation model
● the legal framework
● tripartite
● interprofessional
● sectoral
● company level
● national level
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the European concertation model
tripartite concertation● since 1997 : six-monthly meeting the day before the Council meetings
since 2003 : annual summit for growth and employment, covering macro-economic dialogue, social protection, education and training
participants : president of the Council + two next presidencies + Commission + 10 Business Europe + 10 ETUC
● 6 interprofessional consultative committees● equal opportunities● health & safety at work● vocational training● free circulation of workers● the European Social Fund● social security for migrant workers
participants : Commission + Member States + social partners
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the European concertation model
European Commission
Social partners
Negotiation
Agreement No agreement
Directive
Negotiation in Member States
European Council
Back to the co-decision process Parliament +
Council of the EU
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the European concertation model
● the legal framework
● tripartite
● interprofessional
● sectoral
● company level
● national level
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the European concertation model
interprofessional social dialogue● first stage : dialogue launched by Jacques Delors in 1985
second stage : establishment of Social Dialogue Committee in 1992third stage : autonomous agreements since 2001
● participants :● Business Europe : 40 private employers federations of 34 countries
CEEP (European Centre of Employers and Enterprises providing Public Services)
UEAPME (European Association of Craft, Small and Medium-Sized Enterprises)
● ETUC : 82 national confederations + 12 industry federations of 36 countriesEUROCADRES : European Council of Professional and Managerial StaffCEC : European Managers ConfederationFERPA : European Federation of Retired and Older People
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the European concertation model
● results
3 framework agreements● parental leave 1995 Directive 96/34● part-time work 1997 Directive 97/81● fixed-term contracts 1999 Directive 99/70
2 frameworks for action● for the lifelong development of skills and qualifications 2002● for gender equality 2005
3 autonomous agreements● telework 2002● work-related stress 2004● harassment and violence in the workplace 2007
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the European concertation model
● the legal framework
● tripartite
● interprofessional
● sectoral
● company level
● national level
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the European concertation model
sectoral social dialogue● creation of the Sectoral Social Dialogue Committees in 1998● participants :
● max. 54 members● equal number employers / employees● Commission = secretariat ● chair = social partner or Commission
● organisation :● each committee own rules of procedure and work programme● min. 1 meeting / year● extended secretariat and/or working groups for specific questions
● 36 active committees● agriculture, textile & clothing, gas, electricity, steel, commerce ...● inland waterways, professional football, live performance, ...● banking, insurance
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the European concertation model
● Banking
● informal contacts since 1990, SDC since 1999
● participants :UNI FinanceEuropean Banking FederationEuropean Savings Banks GroupEuropean Association of Cooperative Banks
● results :seven round tables on the enlargementjoint declaration on lifelong learning 2002guidelines on corporate social responsibility 2005research project on the impact of demography 2006project on enlargement 2008high level meetings on the financial crisis 2009
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the European concertation model
● the legal framework
● tripartite
● interprofessional
● sectoral
● company level
● national level
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the European concertation model
company level
● information & consultation (EWC) & participation (SE)
● no legal framework for European collective bargaining
● Commission Social Policy Agenda 2006-2010 :creation of an optional European framework fortransnational collective bargaining
● but... Social Policy Agenda renewed 7/2008 :encourage the social partners to fully take advantage of existing options, the EU will facilitate the application of European framework agreements by national social partners provisionally, no legislative initiatives!
● however... 147 joint transnational papers in 89 companies, mostly signed since 2000, of which 88 in 42 companies focused on the European area need for transnational negotiation within companies
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the European concertation model● framework agreements : a challenge for the trade union federations
“The EMF supports the development of a negotiation role in multinational The EMF supports the development of a negotiation role in multinational companies. Through the negotiation of framework agreements both at companies. Through the negotiation of framework agreements both at European and international level, the EMF seeks to secure minimum European and international level, the EMF seeks to secure minimum standards for workers with a view to improve working conditions and avoid standards for workers with a view to improve working conditions and avoid undercutting on social standards. This approach provides also support to undercutting on social standards. This approach provides also support to national collective bargaining policies.national collective bargaining policies.” (source : emf-fem.org)
● an example : Danske Bankinternational framework agreement on labour rights, 9.09.2008
● partners : UNI Finance+ finance unions of Denmark, Finland, Ireland, Norway and Sweden
● content :respect of fundamental labour rights
○ the right to join unions○ maintain a healthy work-life balance○ encourage employee involvment
employment policy○ to implement group-wide best practice HR policies○ minimise negative effects of restructuring○ to integrate social consequences in strategic decisions
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the European concertation model
● the legal framework
● tripartite
● interprofessional
● sectoral
● company level
● national level
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the European concertation model
national level● directive 2002/14
general framework for informing and consulting employees● undertakings ≥ 50 employees or establishments ≥ 20 employees● public & private companies, operating for gain or not● activities and economic situation, employment, work organisation
MultiCentral
Company Company Betrieb Betrieb Entreprise Entreprise
Industry Sektor Branche
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national
industry
company
the European concertation model
level of collective bargaining
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the European concertation model
SYNDICATUNION GEWERKSCHAFTCTI
SYNDICAT
UNION GEWERKSCHAFTCTI works councilcomité d’entreprise
Betriebsrat
trade unions / works councils
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the European concertation model
trade unions / works councils
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the European concertation model
public
board level representation
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the European concertation model
trade union membership > 55 %
45 - 55 %
35 - 45 %
15 - 35 %
< 15 %
syndicat unionGewerkschaftCTI
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the European concertation model
shop stewards
union recognition
by employer
Betriebsrat
co-determination
comité d’entreprise
model ofconflict andopposition
samarbejdsutvalg
coorporation
cultural differences
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the European concertation model
want to know more ?
www.etui.org
www.worker-participation.eu
www.europa.eu
www.ec.europa.eu/social
www.eurofound.europa.eu