1EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin

European Social Dialogue in Tourism

Kerstin HOWALD

EFFAT Tourism Sector Secretary

2

Legal basis for social dialogue at European levelA strong institutional recognition?

Art. 138 of the Treaty

The Commission has a responsibility to promote

consultation of the social partners at community level

and to take every useful measure to facilitate their dialogue,

taking care to ensure a balanced support of both sides.

The Commission consults social partners first

Social partners can engage into a dialogue

Art. 139 of the Treaty

The Community level dialogue between the social partners

can lead, if they wish it,

to contractual relations, including agreements.

The implementation can be made either

by an EU instrument or

through national channels

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Understanding the mechanisms of Articles 138 & 139

Legislativeprocess

Council Commission Social Partners

Agreement implemented by a Decision

LEGISLATION COLLECTIVE AGREEMENT

No negotiation

or failure

Autonomousagreement

Extensionprocedure

Consultation

Opinions Negotiation

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European social partners

Cross-sectoral industry organisationsUNICE, CEEP, UEAPME

&Cross-sectoral trade union organisations

ETUC, CEC, Eurocadres

Sectoral employers’ associationsCOPA, HOTREC, FERCO, CEFS …

&Sectoral trade union federations

EFFAT, UNI-Europa, ETF …

Capacity to act in avoluntary way

Being composed of national

organisations recognised

as social partners“representativity”

Adequate structures

5

What forms does the European Social Dialogue take?

Interprofessional social dialogue

Sectoral socialdialogue

committees

TR

IPA

RT

ITE

BIP

AR

TIT

E

EWCTransnationalagreements

Tripartite Social Summit

Macroeconomic dialogue

Cross-industry Sectoral Company

6

33 (+4) Sectoral social dialogue committees

MinesSea fishingAgriculture

Gas (*)Automobile (*)

Non ferrous metal (*)Steel

ChemicalWoodworking

Textile/clothingTanning/leather

SugarShipbuilding

FurnitureFootwearElectricity

Construction

Catering (*)Hospitals

Life performanceInsurance

Inland navigationIndustrial cleaning

HorecaCommerce

Civil aviationBanking

AudiovisualTemporary agencies

TelecomSea transport

Road transportRailways

Private securityPostal services

Personal servicesLocal government

1 Cross-industry social dialogue committee

7

Social Dialogue Committees

0

5

10

15

20

25

30

35

40

1999 2000 2001 2002 2003 2004 2005 2006 2007

Year

8

Possible outcomes of social dialogue

Agreementsestablishing standards

Article 139.2 of the Treaty

Recommendationsconcerning standards

and principles

Exchange ofinformation

Framework agreements

Autonomous agreements

Frameworks of action

Joint opinions

Guidelines and Codes of conduct

Policy orientations

Declarations

Tools

Framework agreement on parental leave, 1995Framework agreement on part-time work, 1997

European agreement on the organisation of working time of seafarers, 1998

Framework agreement on fixed-term work, 1999European agreement on the organisation

of working time of mobile workers in civil aviation, 2000Agreement on certain aspects of the working conditions

of mobile workers assigned to interoperable cross-border services, 2005

Framework agreement on telework, 2002Agreement on the European licence for drivers

carrying out a cross-border interoperability service, 2004 Agreement on Stress at work, 2004

SDA on Crystalline Silica, 2006

250 texts

Framework of actions on the lifelong development of competencies and qualifications, 2002

Framework of actions on Gender equality (2005)Framework of action on TMS (agriculture- 2005)

Guidelines on telework in telecommunications, 2001Agreement on guidelines on telework in commerce, 2001

Code of conduct – Guidelines for European hairdressers, 2001Voluntary guidelines supporting age diversity in commerce, 2002Joint declaration on lifelong learning in the banking sector, 2002European agreement on vocational training in agriculture, 2002Code of conduct on CSR in the European sugar industry, 2003

Code of conduct and ethics for the private security sector, 2003Code of conduct for the European textile/clothing sector, 1997

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6 Agreements establishing minimum standards implemented by Council

decision

• Framework agreement on parental leave, 1995

• Framework agreement on part-time work, 1997

• European agreement on the organisation of working time of seafarers, 1998

• Framework agreement on fixed-term work, 1999

• European agreement on the organisation of working time of mobile workers in civil aviation, 2000

• Agreement on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services, 2005

5 Agreements establishing minimum standards implemented by the

procedures and practices specific to management and labour and the

Member States 'autonomous' agreements

• Framework agreement on telework, 2002

• Agreement on the European licence for drivers carrying out a cross-border interoperability service, 2004

• Agreement on Stress at work, 2004

• Social Dialogue Agreement on Crystalline Silica, 2006

• Harassment and violence at work, 2007

Implementation reports by social partners

10EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin

• Standards agreed at European level = minimum standards

• Non-regression clause: existing better provisions in Member States continue to prevail

!!!

11EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin

EFFAT activities in social dialogue in tourism (1)

Social Dialogue Committee for the hotel and restaurant sector EFFAT - HOTREC:

• Joint declaration on EU enlargement, 2002

• Initiative for improving Corporate Social Responsibility (CSR) in the hospitality sector, 2004

• European Qualification Passport, 2007/2008

12EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin

EFFAT activities in social dialogue in tourism (2)

Social Dialogue Committee for the contract catering sector EFFAT - FERCO:

• Agreement on vocational training in the European contract catering sector, 1999

• Joint declaration in favour of higher food safety and hygiene standards and their proper implementation, 2000

• Guide to the economically most advantageous offer in contract catering, 2006

• Agreement on Corporate Social Responsibility (CSR) in the Contract Catering sector

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≈ 2000 companies covered by EWC Directive with 16 million workers ≈ 10% of all workers in the European Union≈ 800 EWCs set up ± 10 million workers are actually represented in an EWC99 EWCs in EFFAT sectors (food and hospitality/tourism)

workers from companies

affected by the EWC directive that still have

to establish an EWC38%

workers represented in

an EWC62%

Source: ETUI-REHS EWC Database/EFFAT

European Works Councils

14EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin

European Works Councils in Tourism

Hotels Catering Fast FoodAccor Aramark * AutogrillHilton Compass CarestelRadisson SAS Sodexho McDonald’s *Starwood/Sheraton Elior Yumm! *Club Méditerrannée Gate GourmetSteigenberger LSG SkyChefsInterContinental * (?)Corinthia Hotels (nego)

Tour OperatorsTUIThomas CookMy Travel

15EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin

EWCs – beyond information and consultation

EFFAT policy on EWC:• EWC coordinators• max. trade union involvement (members, coordination, experts)• integration new Member States• consultation!• gender equality

Accor:Agreement on Trade Union Rights

Club Méditerranée:Joint declaration on subcontractingAgreement on workers’ rights and mobility

Sodexho:Annual reporting on social situation