IP FLEXEM TER

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IP FLEXEM TER

• OULU
• FINLAND
• 2007

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THIS HAPPENS WHEN THERE IS NO SOCIAL DIALOGUE !
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Flexibility of the Social Dialogue

• Elisabeth Büttner, Germany
• Gabriele Gamberini, Italy
• Elvira Kasteel, The Netherlands
• Sandra Melús Cunquero, Spain
• Dainius Navickas, Lithuania
• Alessandro Nepi, Italy
• Ernestas Rigertas, Lithuania
• Bianca Rotthier-Willems, Belgium

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Table of contents

• General Introduction
• Legal differences
• European framework
• Constitutions
• Legislation

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• Sociological data and figures
• Structure of trade unions
• Wage-setting
• Differences between men and women
• Consequences of the actual situation
• Recommondations

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Introduction to the Social Dialogue A
Definition

• Negotiation, consultation or simply exchange of
  information among representatives of governments,
  employers and workers
• EU Level
• State Level
• Plant Level

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Normative sources of the Social Dialogue

• European framework (Art. 136, 137, 138, 139 of
  the Treaty Art. 27, 28 of Nice Charter)
• Constitutions
• Legislation

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European Framework

• Art. 136 Social Dialogue as an objective
• Art. 137 Implementation of directives to the
  social partners
• Art. 138 Social partners role at the EU level
• Art. 139 Collective bargaining at the EU level
• Art. 27, 28 Charter of Nice Fundamental Rights

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Constitutions

• Principle of freedom of collective bargaining
• Trade union freedom
• No mention in the Netherlands system

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• Legislation
• Sources of regulation of social dialogue
• Laws and collective labour agreements (Belgium,
  Italy, Finland)
• Laws only (Germany, Spain, Lithuania and The
  Netherlands)
• Bargaining hierarchy implemented
• but in some countries (i.e. Germany) it may
  depend on practice of opening clauses

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• Different system of representation
• Single channel (Germany, Italy, Lithuania,
  Finland)
• Dual channel (Belgium, Spain, The Netherlands)

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• General body of representation
• Belgium workers and management
• Other countries workers only

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• Conditions of establishing a trade union
• No restrictions for small companies
• Avoiding inadequate representation (so called
  yellow trade unions)
• Criteria to decide which trade union should
  represent workers

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Membership of trade unions

• Differences in representation
• Differences between age, gender, sector and
  occupation
• Loss of power for trade unions due to the
  shifting from sector level to company level

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Industrial Relations in Europe 2006
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Industrial Relations in Europe 2006
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Industrial Relations in Europe 2006
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Industrial Relations in Europe 2006
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Industrial Relations in Europe 2006
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Industrial Relations in Europe 2006
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Structure of trade unions

• are organised on
• - sector base
• - occupational base
• ? countries are organized
• - a dominant trade union
• - a few dominant trade unions

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Consequences of the actual situation

• Close link between implementation and historical
  development
• Depending on strength of legal structures
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  low
• -
  high
• Power and influence of trade unions sufficient
  impact?
• Loss of competitiveness?

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• Increase of collective bargaining on plant level
• - specifying on local
  needs
• Flexibility of the local level
• - depends on different
• backgrounds
• - freedom to adapt
• superordinated collective
• agreements

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Conclusions

• Proposals
• Stop the trend of declining membership number of
  trade unions
• Improve the information flow between different
  levels
• Framework

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• ASSIMILIATED BUT NOT UNIFORM SYSTEM!!!
• Generally binding agreements
• German system of opening-clauses
• Clear separation of competences between work
  council and trade unions

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Assimiliated system of European Social Dialogue
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Thank you for your support!!

• Ricardo Del Punta
• Guido Boni
• Rytis Krasauskas

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Thank you for your attention!

• Are there any questions?