European Social Dialog

• Grigor Gradev, ETUI Senior Researcher

Social dialogue – the pillar of the European Social Model

• The principle of autonomy – critical to understanding European Social Dialogue

• It reflects the possibility for social partners – trade union and employer organisations to develop Europe wide standards through legislation or own structures

• Quasi legislative initiative

ILO – Anne Trebilcock

• In full bloom, tripartite cooperation may reach the level of social dialogue …, whereby employers, workers’ representatives and governments have developed a reflex for acting in a concerted, multifaceted pattern …

Uderlying assumption

• Those closest to reality are best suited to find solutions – employers and trade unions

• Provides organic legitimation of final output

• Creates base for consensus

• “Guarantees” implementation

Core legal principles (Industrial relations in Europe 2006)

1. Freedom of association – the base for collective agreements

2. Collective parties – trade unions and employers, capable to represent collective interests

3. Normative function – agreements enforceable through legislation or other means – standard development

4. Procedural fuction – procedural agreements on organisation of bargaining levels and competences – content, scope, etc. (BG national level agreement for sectoral bargaining process)

Political impact• The European social dialogue, a force for

innovation and change - COM(2002)341:“Better governance of an enlarged Union

relies on the involvement of all actors in decision-making and also in the implementation process. Social partners have an unique position within civil society … negotiate agreements which include commitments.

• Differentiate between social and civil dialogue – particularly in CEE.

How it works Parttneship for change in an enlarged Europe,

COM(2004) 557

• The social partners decide:– Rules and procedures of the process– Level and rhythm– Content– Outcome

• 3 year working programmes of the social partners – now for 2006-2008

• Tripartite Summit for Growth and Employment – before each spring European Council -

Work programme 2006-2008

• Joint analysis on – Macro-economic and labour market policies – Balance between flexibility and security– Undeclared work– …

• Autonomous framework agreement on disadvantaged groups or life long learning

• Agreement on violence and harassment at work• Framework of actions on employment• Managing change and its social consequences• Capacity building for social dialogue in the new member

states, extend it to candidate countries• Assessment of the effects of implementation of the

voluntary agreements – telework, stress

Products – 4 types

1. Agreements establishing minimum standards– framework agreements, implemented by Council

decision, monitored by the Commission – parental leave, part-time work, working time of seafarers, etc.

– Autonomous (voluntary) agreements implemented by specific procedures by management, labour and member states – telework, stress, EU driving licence for cross border service, violence, etc.

Products - 2

2. Process – oriented texts, mainly recommendations to members, involving evaluation of implementation and real impact. Useful where legislation not the best. Promoting learning and good practices:

• Frameworks of action – lifelong learning, gender equality, musculoskeletal disorders

• Guidelines and Codes of Conduct – promoting minimum standards on national or lower level – telework in commerce, managing change, child labour,

• Policy orientations – good practices

Products - 3

3. Joint opinions and tools

Mainly exchanging information:

• Towards European Institutions/national governments

• Towards members, explaining EU policies

Do not entail implementation or monitoring

Products - 4

4. Procedural texts

Laying down rules for the bipartite (autonomous) social dialogue cross-industry or sectoral.

Current stage of social dialogue - autonomous

• New generation texts – social partners follow-up themselves:

– autonomous agreements

– process-oriented texts

New generation texts - outlook

• Clear address: EU institutions, national governments, social partners

• Clear status and purpose of text

• Deadline for implementation

• Pattern of implementation ( binding )

• Structure and timetable for monitoring/reporting

• Procedures for dispute settlement

European sectoral social dialogue_

• Common positions : 50 %

• Declarations : 12%

• Agreements : 2 %

• Recommendations : 11%

• Tools : 14 %

• Internal rules : 11%

Challenges – current stage

• Building consensus of 27 members, differing national contexts

• Gradual shift from “hard” law – directives to “soft” law - implementation by social partners – flexibility and better fit to different contexts but also less binding

• Major challenge for newly emerging IR systems and actors – need representative, strong, professional organisations to secure implementation.

SEE challenges - global

• Nature of “transition” and “accession” – process and “project” – ESM

• Model of change – dominant role of IFIs – national macro frames developed above the national level and social dialogue within predetermined boundaries – “hidden partner”

• Pressure from reform process towards re-centralisation of governance, particularly financial area – key role for governments to promote and facilitate social dialogue

• General deficit of interest of political elites in representative democracy, social and civil dialogue, rule of law, etc.

Challenges for social partners

• Still to find their bearings within emerging systems of industrial relations

• Key problem fragmentation and ensuing deficit of representativity, political status and public image.

• Deficit of reflective capacities especially for longer term, strategy development.

• Deficit of structural and functional cohesion • The last two enough to limit absorption

capacities, i.e. to speed up own development• CEE accession paradox

Thank you for the attention

ILO definition of social dialogue

• “All types of negotiation, consultation or simply exchange of information between, or among, representatives of governments, employers and workers, on issues of common interest relating to economic and social policy.”

– Can be tripartite (involving government) or bipartite – only the social partners

– Concertation can be informal or institutionalised, or both

– Can be at national, regional or at enterprise level– Can be inter-professional, sectoral or a combination

of all of these.

EU concept of social dialogue

• “A continuous interaction between the social partners with the aim of reaching agreement on the control of certain economic and social variables”

(EC Industrial Relations Report 2000)• Features:

– Process, based on consensual approach, constant adjustment

– Balance between economic and social interests– The state normally is not part of the process

Definitions of ILO and EU not conflicting

Third stage (2001) – joint contribution of European social partners to the Laeken Summit

• Tripartite concertation • to designate exchanges between the social partners and

European public authorities,

• Consultation of the social partners • to designate the activities of advisory committees and

official consultations in the spirit of article 137 of the Treaty,

• Social dialogue • to designate bipartite work by the social partners,

whether or not prompted by the Commission’s official consultations based on article 137 and 138 of the Treaty

Commission consultation on possible direction

Social Partnersproposal in the

social policy field opinion

if Community actionis desirable consultation on the content

of the envisaged proposalwhere appropriate,

Commission follow-up opinion or recommendationnegotiation

nine months, unless extended

where appropriate,Commission follow-up

agreement

The Social Dialogue under Art. 138

Failure