TRIPARTITE SOCIAL DIALOGUE IN SLOVENIA –

TRADE UNION PERSPECTIVE

Metka Roksandić, Slovenia

TAIEX Workshop on Social dialogue

Kyiv, 5-6 December, 2013

International Covenant on Economic, Social and Cultural Rights (1966)

Article 8a) The right of everyone to form trade

unions and join the trade union of his choice, subject only to the rules of the organization concerned, for

the promotion and protection of his economic and social interests. …

(c) The right of trade unions to function freely subject to no limitations other than those

prescribed by law and which are necessary in a democratic society in the interests of national security

or public order or for the protection of the rights and

freedoms of others;

Constituion of Slovenia (1991)Article 76

(Freedom of Trade Unions)The freedom to establish, operate, and join trade unions shall be guaranteed.

Article 77(Right to Strike)

Employees have the right to strike.Where required by the public interest, the right to strike may be restricted by

law, with due consideration given to the type and nature of activity involved.

FREEDOM OF ASSOCIATION PRECONDITION FOR STRONG

TRADE UNIONS, STRONG PARTNERS

Law on Trade Union Representativity (1993)- legal personality; no min treshold for set up TU- representativity; 10%- confederations, 15%-in sector,

profession, municipality…in company representative every

TU affiliated to already represent. national TU, regardless of number of TU members, proving by checking members’ inscriptions

Trade

TRADE UNION OPERATION

Rule book on trade unions’ statutes record (1993)

defining official procedure on keeping records on TU statutes, no formal decision or decree needed.

Trade union organization is set up only by decision of its members by adoption of statute , it is private law-legal person, no legislation for seting up; only statistical registration and tax number registration needed for operation

LEGISLATION CONCERNING COLLECTIVE BARGAINING, WORKERS’ PARTICIPATION, IMPLEMENTATION OF

WORKERS LABOUR AND SOCIAL RIGHTS AND COLLECTIVE

AGREEMENTS ADOPTED – SPECIAL INSTITUTIONS WERE SET UP IN EARLY

90’TH,

ALSO ECONOMIC - SOCIAL COUNCIL

ECONOMIC AND SOCIAL COUNCIL OF SLOVENIA

- Tripartite body- no legal base, only ministerial decree (1994) after huge wave of strikes and non-posible shock-therapy,

- Result of needs, striving for peaceful labour relations in times of transition,

- Strong TU, centralized employers’ org., inclusive, centralized collective bargaining,

- employers, trade unions, government

RESULTS OF ESC WORK

- succesful implementation of economic and social reforms in transition period, integration to the EU, international economy, - social justice, social peace –

precondition for social economic development of

country- 3 social agreements,

- 5 wage agreements in 12 years,- social legislation, …

SOCIAL DIALOGUE TESTED -AFTER JOINING THE EU AND

IN CRISES- new governm.central right coalition

2004-proposed radical neoliberal reforms, flat tax rate proposed, huge

wave against,social dialogue breakdown in 2005,

- governm. changed orientation to agreed

reforms solutions, negotiations on new social pact started in

2006, - in 2008 new governm.central left coalition-new vision of the ESC-only

consultation body

NEGOTIATIONS

STRIKES AND DEMONSTRATIO

N

IMPORTANT 2010!- agreed economic and anti-crises

measures in ESC in 2009,- spontanious strikes in two big

companies,- huge decline in economic activity,

government proposal for social pact 2010-2011,demanding no TU actions

during negotiations,- in 2010 new governm Slovenian exit

strategy 2010-2013, package of economic policy, structural measures

combating crises

- discussions in ESC, no political will for any changes of proposals,

- new law on minimum wages in March 2010, negative opinion of employers,

- no discussions in ESC anymore inspite employers proposal for immediate meetings,

- Government see ESC as advisory body, some important legislation sent to the Parliament without any prior discussion with social partners,

- at the end of 2010 ESC meet after TU demands, no consensus, both social partners against the govern. changes.

- first half of 2010 – government lost 3 referendums on mini jobs, pension reform and illegal work, initiated by Trade Unions, NO to non consensual legislation,

- december 2011 – first early national elections in Slovenia ever, new central right coalition,

- 2012 – ESC faced with austerity measures proposed by government, TU strikes, pension reform, labour market reform,…

- pension reform agreed in december 2012,implemented in 2013, labour market reform adopted 2013,

- new government in March 2013 again

LESSONS LEARNED SLOVENIA (1)

Tripartite dialogue preconditions for building society in transition (succes story Slovenia – adoption of necessary legislation) and beyond that,

Tripartite dialogue for adopting national legislation needed , also in time of crises (austerity measures),

LESSONS LEARNED-SLOVENIA (2)

• social dialogue is solution toward conflicts in

industrial relations, still,

• Tripartite dialogue a cornerstone of suistanable economic and social development of society, applying values as equality, fairness, solidarity,

LESSONS LEARNED – SLOVENIA (3)

• strong social partners and positive govern. attitude needed in the process,

• pro-active and responsible role of all partners and constant capacity building.

THANK YOU !

METKA ROKSANDIĆ

metka.roksandic@triera.net