1 social dialogues – the specific case of the european union phd course, faos, copenhagen,...

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Social dialogues – the specific case of the European Union PhD course, FAOS, Copenhagen, November 25-27, 2009

Berndt KellerUniversity of Konstanz, Germany

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Table of contents Introduction

growing importance and attention integrated element of the European social model

Social dialogues at interprofessional (macro) level stages of development results and (non-)results problems of transposition and implementation

Social dialogues at sectoral (meso) level the old variant institutional reforms and their consequences

Prospects

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Social dialogues at interprofessional level

Social dialogues at interprofessional level:

three stages of development: 1985: traditional stage (à la „Val Duchese“) 1993: Maastricht Treaty; official instutional

recognition of SDs; privileged status of the social partners, tripartite SDs

2001: „joint declaration“ of the the social partners, bipartite SDs

major social partners: ETUC & UNICE

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Social dialogues at interprofessional level (2)

results and non-results: stage 1: about 40 „joint opinions“ of non-binding

character

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stage 1: joint opinions (until 1992):TitleEN Date

Joint opinion on the co-operative growth strategy for more employment 06/11/1986

Joint opinion concerning training and motivation, and information and consultation

06/03/1987

Joint opinion on the Annual Economic Report 1987/88 26/11/1987

Joint opinion on the creation of a European occupational and geographical mobility area and improving the operation of the labour market in Europe

13/02/1990

Joint opinion on education and training 19/06/1990

Joint opinion on new technologies, work organisation and adaptability of the labour market

10/01/1991

Joint opinion on the transition from school to adult and working life 05/04/1991

Agreement of 31 October 1991 31/10/1991

Joint opinion on ways of facilitating the broadest possible effective access to training opportunities

20/12/1991

Joint statement on the future of the social dialogue 03/07/1992

A renewed co-operative growth strategy for more employment 03/07/1992

Joint opinion on vocational qualifications and certification 13/10/1992


Source: European Commission, Social Dialogue texts database

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character stage 2: few but binding framework agreements,

in most cases voluntary negotiations either failed or were not even launched

Commission as „prime mover“ in trilateral SDs

(“bargaining in the shadow of the law”)

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stage 2: framework agreements and directivesSubject Result of the social partners’ consultation Adoption of the Regulation

European Works Council, 1993 Opinion following attempt at negotiations Directive 94/45/EC

Reconciling working life and familiy life, 1995

Agreement on parental leave (Dec. 1996) Directive 96/34/EC

Adaption of the burden of proof in gender-based discrimination, 1995

Separate opinions Directive 97/80/EC

Flexibility in working time and workers’ security, 1995

Agreement on part-time work (June 1997)Agreement on fixed-term work (March 1999)Failure of negotiations on temporary work

(May 2001)

Directive 97/81/ECDirective 99/70/EC

Prevention of sexual harassment at work, 1996

Separate opinions No specific legislation because of member states resistance

Worker information and consultation, 1997

Separate opinions Directive 2002/14/EC

Protecting workers against employer’s insolvency, 2000

Separate opinions n/a

Modernising and improving employment relations, 2000

Agreement on telework (May 2002) n/a

Protecting workers against the risks connected with exposure to asbestos at work, 2000


Safety and health at work for the self-employed, 2000


Protecting employees’ personal data, 2001

In progress n/a

Anticipating and managing change, 2001 In progress n/a

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character stage 2: few but binding framework agreements,

in most cases voluntary negotiations either failed or were not even launched

Commission as „prime mover“ in trilateral SDs

(“bargaining in the shadow of the law”)

stage 3: towards bilateral autonomous agreements and the “open method of co-ordination”?

very few non-binding agreements

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stage 3: autonomous agreements:

framework of actions on the lifelong development of competencies and qualifications (2002)

framework agreement on telework (2002)

agreement on work-related stress (2004)

harassment and violence at work (2007)

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Problems of transposition and implementation two tracks transposition from European to national level

legislative track (“by a Council decision on a proposal from the Commission“)

negotiation track (“in accordance with the procedures and practices specific to management and labour in the member states”)

implementation at national (regional, enterprise) level persisting legal and institutional differences between

national systems “new generation texts” of purely voluntary nature


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Social dialogues at sectoral level:

more dispersed institutional infrastructure more appropriate for specific issues corporate actors:

- European Industry Federations (EIFs)

- UNICE member organizations the old SSD: Joint Committees & Informal

Working Parties

Social dialogues at sectoral level (SSD)

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Social dialogues at sectoral level (2)

Joint Committees (JC) Informal Working Parties (IWP)

- Agriculture (1963) - Hotels, restaurants, cafés (1984)

- Road transport (1965) - Sugar (1984)

- Inland navigation (1967) - Commerce (1985)

- Railways (1972) - Insurance (1987)

- Fisheries (1974) - Banks (1990)

- Maritime transport (1987) - Footwear (1991)

- Civil aviation (1990) - Construction (1991)

- Telecommunications (1990) - Cleaning (1992)

- Postal services (1994) - Textiles and clothing (1992)

- Wood (1994)

- Private security (1994)

Source: European Commission 1996.

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ambivalent judgements of the “old SSD”

institutional reform: unitary, more harmonized “sectoral social dialogue committees”

consequences of institutional reform quantitative developments of committees qualitative developments (output) (foreseeable) problems

Problems of the social partners Problems of transposition and implementation

Social dialogues at sectoral level (4) Quantitative developments of committees (1):

NEW STRUCTURE OLD STRUCTURES

Joint request for a Sectoral

Dialogue Committee

Newdialogue

JointCommittees

InformalWorkingGroup

Agriculture 1 1

Audiovisual 1 1

Banking 1 1

Catering 1 1

Chemical industry 1 1

Civil aviation 1 1

Cleaning industry 1 1

Commerce 1 1

Construction 1 1

Electricity 1 1

Extractive industry 1 1

Football 1 1

Footwear 1 1

Furniture 1 1

Gas 1 1

Horeca 1 1

Hospitals 1 1

Inland waterways 1 1

Social dialogues at sectoral level (5) Quantitative developments of committees (2):

NEW STRUCTURE OLD STRUCTURES

Joint request for a SectoralDialogue Committee

Newdialogue

JointCommittees

InformalWorkingGroup

Insurance 1 1

Live performance 1 1

Local+regional gov. 1 1

Personal services 1 1

Postal services 1 1

Private security 1 1

Railways 1 1

Road transport 1 1

Sea fisheries 1 1

Sea transport 1 1

Shipbuilding 1 1

Steel 1 1

Sugar 1 1

Tanning and leather 1 1

Telecommunications 1 1

Temporary work 1 1

Textiles and clothing 1 1

Woodworking 1 1

36 8 11 17

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Qualitative developments: target of Joint Statements

Target

EU politics 184

Member organizations 25

EU politics and member organizations 24

Parties issuing the statement 10

Other 1Source: De Boer et al. 2005, 61.


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Consequences of institutional reform (output):

quantitative developments lagging and missing sectors differences between sectors

qualitative developments diversified results variance of topics more symbolic than practical relevance

(especially as the focal issues of collective bargaining are explicitly excluded)

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Problems I: corporate actors

social partners conflicting interests in „soft“ and „hard“ regulation „positive sum games“ as a necessary precondition only compromises on the smallest common denominator controversial (but fundamental) topics are not addressed

from the Commission‘s point of view: representativeness of the social partners

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Problems II: transposition and implementation two possible tracks:

legislative track (“by a Council decision on a proposal from the Commission“)

negotiation track (“in accordance with the procedures and practices specific to management and labour in the member states”)

negotiation track faces major problems coverage rates differ between and within member

states extension clauses not in all member states lack of interest of some social partners in

implementation no power of European peak associations or national

affiliates no sanctions in cases of non-compliance

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-- Table 3 -- Results of European Social Dialogue - Typology

Social Dialogue Results - Types of Texts

Implementation and Monitoring

I. Agreements in accordance with Article 139(2): minimum standards

a) Council decision

Member States responsible for transposition and implementation (even where implemented by collective bargaining); monitoring by the Commission

b) Autonomous agreements *

implemented in accordance with the procedures and practices specific to management and labour and the Member States; social partners responsible for implementing and monitoring

II. Process-oriented texts *

a) Frameworks of action

identification of certain policy priorities; these priorities serve as benchmarks; follow-up and annual reporting by the social partners

b) Guidelines, codes of conduct

recommendations and/or guidelines to national affiliates concerning the establishment of standards or principles; regular follow-up and reporting by the social partners

c) Policy orientations

proactive promotion of policies;regular follow-up and reporting by the social partners

III. Joint opinions and tools

a) Joint opinions

provide input to the European institutions and/or national public authorities; no implementation, monitoring or follow-up provisions

b) Declarations outlining future work and activities which the social partners intend to undertake;no implementation, monitoring or follow-up provisions

c) Tools practical advice to employees and companies; exchange knowledge of good practice; no implementation, monitoring or follow-up provisions

IV. Procedural texts Procedural texts

rules for the bipartite dialogue between the parties

* Texts of type Ib and II are called “new generation texts” by the Commission.Source: Weber 2008, 55 (according to Commission of the European Communities 2004: Annex II)

Results of European Social Dialogue – Typology

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Prospects

Prospects development towards “minimum standards”, “soft”

regulation, extended “voluntarism” “regulatory minimalism” instead of a development of

specific European employment relations “open method of co-ordination” as an appropriate tool “eastern enlargement” (organizational preconditions

hardly exist) development of the “European social model” social integration still lagging the economic one

1 social dialogues – the specific case of the european union phd course, faos, copenhagen,...

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