Title: The actual implementation of the EU Framework agreement in the different countriessectors
1Session 2 The actual implementation of the EU
Framework agreement in the different
countries/sectors Stefan Clauwaert ETUC NETLEX
Coordinator/ETUI-REHS Senior Researcher
ETUC Project Final Conference Prague 21-22
September 2006
2ETUC Project Implementation WRS agreement
- Sources
- Implementation fiches of affiliates
- Joint implementation report SDC 28/06/2006
- Reports 3 regional meetings project
- Riga/ Budapest/Brussels
- Other input by affiliates
3ETUC Project Implementation WRS agreement
- General
- Only few countries described the practices and
procedures specific to management and labour and
member states (Art. 139 2) - Collective bargaining BE, FR, ES, SW
- Law CZ (as basis for more favourable CA)
- Tripartite Council LT
- No real specific procedure but changes to law
most logic EE - Problem in identifying the specific procedure
SK - Is nevertheless crucial information!!!
4ETUC Project Implementation WRS agreement
- Implementation via Collective Bargaining
National level - BE interprof CA n 72 of 30/3/1999 (extended by
RD of 21/6/1999) - ES EU text annexed to ANC 2005 (recommendation
for lower level CB- no results yet) - SE national CA for local/regions authorities
(04/2005) - FR negotiations on penabilité au travail
include WRS negotiations failed - Initiatives started/foreseen
- BG proposal to national council Conditions at
work to elaborate Common strategy/decision/propo
sal - SLO via national tripartite council Working
group Oct 2005- draft CA prepared by ZSSS
refused by employers - RO start negotiations on National CA 2007
September 2007 - CY invitations send to employers no reaction
so far - FI negotiations started February 2006 no final
result yet - Iceland started and end result was hoped to be
reached by end June 2006 result?
5ETUC Project Implementation WRS agreement
- Implementation via Collective Bargaining
sectoral/regional level - DK CA for state sector authorities (spring 2005)
- DK CA for local and regional authorities (spring
2005) further negotiations foreseen to start in
October 2007 - ES No real results yet as follow up to ANC 2005
several CAs dealing with WRS but not really
triggered by EU agreement - National wide sectoral CA telemarketing
(2004-2006) - National wide sectoral CA chemical sector
(2004-2006) - Provincial CA for hotel sector in Tenerife
(2005-2008) - Provincial CA for casinos in Allicante
(2006-2009) - MT foreseen for next CB round as current CAs
are valid until 2007
6ETUC Project Implementation WRS agreement
- Implementation via Collective Bargaining
enterprise level - DE most likely level as HS aspects are
tradionally not settle via CAs on higher levels - AT main objective is to get it implemented on
this level - ES Codorniu Sant Sadurni but not directly
triggered by EU agreement
7ETUC Project Implementation WRS agreement
- Implementation via Legislation
- Existing
- BG Act on Health and Safety Working Conditions
1997 - MT Act XXVII of 2000
- PT Constitution, Penal Code, Labour Code (art.
18 24) - NO Working Environment Act covers most aspects
of EU agreement considered as satisfactory basis
8ETUC Project Implementation WRS agreement
- Implementation via Legislation
- New legislation
- CZ new Labour Code of 21/04/2006 via Law
262/0226 Coll., Chapter I article 102 (in force
as from 1/1/2007) - SK partial implementation via
- New Law OHS nr 124/2006 Z.z.
- New Health Law nr 126/2006 Z.z.
- Partially also via amendments to Labour Code
- SLO proposals for amendments by ZSSS to regulate
criteria for OHS services licences for risk
assessments on WRS no reaction yet - EE proposed amendments to Occupational HS Act
adding WRS to list of health risk factors
refuses under pretext that it was already covered
9ETUC Project Implementation WRS agreement
- Implementation via Legislation
- Needed BE for public sector
- Hoped for
- PT use revision of national list of occupational
health illnesses to add WRS - RO amendments to H S law
- Problem
- SW Swedish Work Environment Authority uses EU
agreement as argument for not issuing new
provisions on social and psychological conditions
at work Serious set back for trade unions
10ETUC Project Implementation WRS agreement
- Other forms/instruments of implementation
- BE as national CA was not really used in
practice brochure of National Labour Council on
how to use in practice - SLO proposal to national economic council to
translate Copenhagen Questionnaire into Slovenian - MT joint interprofessional Declaration of
Commitment - NL update of national Declaration on WRS in line
with EU agreement - SW joint interprofessional agreements both for
private (16/6/2005) and public sector (spring
2006) including translation of EU agreement and
recommendations to lower CB levels to use it as
guideline
11ETUC Project Implementation WRS agreement
- Other forms/instruments of implementation
(continued) - IRE changes foreseen to Code of Practice
- LV interprofessional agreement LBAS/LDDK
prescribing next steps in implementation - UK interprofessional guide by CBI, CEEP UK,
Forum of Private Business and TUC in cooperation
with governmental agencies such as Health and
Safety Executive and DTI - AT
- joint interprofessional guidelines near
adoption - These will also be signed up to by Austrian
Chamber of Agriculture to make them applicable in
concerned sector - EU sectoral social dialogue
- Electricity Joint Declaration Eurelectric/EPSU/EM
CEF (15/12/2004) - Construction Joint Statement FIEC/EFBWW
(10/06/2006) - Cleaning at SDC of October 2004 commitment to do
annual review on implementation
12ETUC Project Implementation WRS agreement
- BUT problems identified
- BE no real minutes of EU social dialogue
negotiations available as well as no joint
interpretation guide - Several countries no real interest by employers
are afraid of the costs! - SLO
- Fear of employers that WRS will be put on list of
occupational illnesses damage claims by workers - No OHS services with adequate know how on WRS
- Several countries most companies are SMEs
- Several countries no decently functioning SD
mechanisms