Social Dialogue

1
Social Dialogue

• EL, Part 4

2
Introduction

• collective labour law
• collective bargaining and social dialogue
• European social partners
• social dialogue and community legislation
• industrial relations in Europe

3
Collective labour law

• collective labour law vs. individual labour law
• definition
• body of rules that govern the relations between
  the collectivity of employees and the employer or
  a group of employers
• content
• trade union freedom, worker participation, right
  to collective bargaining, strike and lock-out, ...

4
Social dialogue and collective bargaining

• social dialogue and collective bargaining
• broad meaning all sorts of bipartite or
  tripartite discussions concerning labour problems
  involving both sides of industry and governmental
  authorities aimed at wider understanding,
  resolutions, preparing or implementing policies,
  which may lead to (not necessarily) binding
  agreements
• (communication between social partners)
• narrow meaning discussions and negotiations
  between both sides of industry with a view to
  conclude binding agreements (C.B.A.)

5
Functions of collective bargaining

• functions
• determining wages and working conditions
• settlement of disputes
• regulation of the relations between the social
  partners
• levels
• industry-wide
• sectoral
• enterprise

6
Functions / levels

• Industry-wide bargaining
• stabilization
• equity / equality
• economic competition
• Sector bargaining
• avoid destructive wage competition
• equity same job in same sector same wage
• labour flexibility frameworks, general standards
• trade union recognition
• Enterprise bargaining
• flexibility / enterprise logic
• voice function

7
C.B.A. double content

• Normative part
• wages and working conditions
• regulating the relations between employer and
  employees
• falling within the scope of the CBA
• Obligatory part
• contractual obligations of the parties to the CBA
• implicitly or expressly
• e.g. interpretation, peace obligation

8
European collective bargaining

• key element of social policy
• Treaty of Rome
• art. 136-139
• Origins
• informal discussions
• since 1985 common orientations / joint opinions
• framework-agreements
• Ad hoc group, Agreement 31 October 1991,
  Maastricht Treaty

9
European social partners

• Social partners
• trade unions, employers organisations
• examples UNICE, CEEP, ETUC
• UNICE
• Union of Industrial and Employers Confederations
  of Europe
• groups national confederations of employers org.
• private sector employers
• goals
• defend professional interests of members
• inform the decision-making process at EU-level
• represent its members in the social dialogue

10
Employers organisations

• UNICE
• Council of Presidents
• Executive Committee and Secretariat
• Policy Committees
• CEEP
• Centre Européen des Entreprises Publiques
• public service
• UEAPME
• SMEs small and medium sized enterprises
• UEAPME, T-135/96

11
Trade unions

• ETUC
• European Trade Union Confederation
• Members
• national trade union confederations
• European industry federations (e.g., food,
  transport, )
• goals
• influence the EU
• establish industrial relations
• represent its members in the social dialogue
• industrial action

12
Economic and Social Committee

• ESC
• consultative body
• representing various categories of economic and
  social activities
• offering a forum for debate and reflection
• Key tasks
• advise the 3 big institutions (EP, Council,
  Commission)
• promote contribution from civil society
• promote structured dialogue
• Members three groups
• employers, workers, other

13
Social dialogue in the EU

• Why has SD developed?
• inclusion/integration in decision process
• practical rationale
• strategic rationale (Jacques Delors)
• What are the preconditions of SD?
• legal infrastructure
• institutional infrastructure
• cfr. art. 138, 1 Treaty
• take any relevant measure to facilitate their
  dialogue by ensuring balanced support for the
  parties
• industrial relations (IR)

14
The role of the social partners in EU social
policy

• creating European labour law
• compulsory consultation
• the power to intervene
• the power of direct initiative
• implementation of community directives

15
Creating European labour law

• Consultation at community level
• Commission initiative
• two stages
• STAGE 1
• before submitting a proposal
• re possible direction / whether it is feasible
• STAGE 2
• consultation on the actual content
• opinion / recommendation
• tripartite consultative committees

16
Creating European labour law

• The power to intervene
• ready to negotiate an agreement in place of a
  planned legislative instrument
• 9 months
• European CBA
• The power of direct initiative
• European-wide agreement (CBA)
• within or outside community competence
• Damocles bargaining

17
Implementing European law

• European CBA
• two ways of implementation
• in accordance with the procedures and practices
  specific to management and labour and the Member
  States
• at the joint request of the signatory parties, by
  a Council decision, on a proposal from the
  Commission
• Member State remains liable

18
Community agreement (falling outside jurisdiction
of the Community institutions)
Implemented by
Legislation (at the discretion of the state)
CBA by national employers and workers
organisations
OR
19
Multi-industry Community agreement (falling
within the jurisdiction of the Community
institutions)
Implemented by
decision of the Council of Ministers
Legisl. / CBA (see above)
binding on each Member State
20
Implementation of collective bargaining policy at
EU-level

• principle of subsidiarity
• nature of CBA
• representative status of social partners
• mandate to negotiate
• scope of bargaining
• disputes
• level of bargaining

21
Industrial Relations in Europe

• EU-level powers
• conflictual cross-border alliance of TUs?
• institutional infrastructure for bargaining?
• Political influencing policy?
• Member State-level
• possible aspects to be included
• legal status of CBA
• CB density and coverage
• role of extension procedures
• application of CBA to non-members