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

SocialPolicy

Agenda

Open Method of CoordinationEmployment

Social protection

EuropeanSocialFunds

EuropeanSocial

Dialogue

LegislationMobility - Gender equality

Working conditions - Health and Safety

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

Bipartite DialogueEmployers – Trade UnionsEmployers – Trade Unions

Tripartite ConcertationPublic Authorities Public Authorities

(Commission, Council) +(Commission, Council) + Trade Unions + EmployersTrade Unions + Employers

European Social Dialogue

SectoralSocial Dialogue

Committees

Covering workers Covering workers and employersand employers

of 41 specific sectors of 41 specific sectors of the economy of the economy

Cross-industrySocial Dialogue

Committee

Covering the economy Covering the economy as a whole: as a whole:

workers (ETUC) workers (ETUC) and employersand employers

(BUSINESSEUROPE, (BUSINESSEUROPE, UEAPME, CEEP)UEAPME, CEEP)

Tripartite Social Summit for Growth and Employment

(Art. 152 TFEU)(Art. 152 TFEU)

EU sectoral social dialogueNatural resourcessectors

Agriculture Extractive industries Sea fisheries

Manufacturingsectors

Chemical industry Construction Electricity

Footwear Furniture Gas

Paper industry Shipbuilding Steel

Sugar Tanning and Leather Metal

Textile and Clothing Woodworking Food and Drinks

Services sectors 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

SocialDialogue

Committee

Comm

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)

Social Partners"Autonomy and responsibility"

Typology of EU social dialogue outcomes

Agreementsestablishing

minimum standards

Process-orientedtexts

Joint opinions andtools: Exchange of

information

Framework agreements

Autonomous agreements

Frameworks of action

Joint opinions

Guidelines and Codes of conduct

Policy orientations

Declarations

Tools

Implementation reports

Follow-up reports

InformationDissemination

EU legislation based on Art. 155.2

Cross-industry social partners agreements

Sectoral 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)

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 cross-border services

2009 Directive 2009/13/EC implementing the Agreement on the ILO Maritime Labour Convention, 2006

2010 Directive 2010/18/EC EU (parental leave/revision)

Directive 2010/32/EC (sharp injuries)

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 Responsibilities

National social partners • 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

European social partners • 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)

National authorities • Subsidiary role in implementation, e.g. through regulation

• or legislation (not compulsory)

Commission • 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

• 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• 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 !