1 Trade Union Training on Capacity Building for Promoting Decent Work Social Dialogue: A Vital Tool for the DWCP Processes Social Dialogue: A Vital Tool for the DWCP Processes

Structure of the Presentation The ILO’s Mandate The ILO’s Mandate Strategic Objectives of the Decent Work Agenda Strategic Objectives of the Decent Work Agenda Definition of Social Dialogue Definition of Social Dialogue Purpose of Social Dialogue Purpose of Social Dialogue How the ILO Promotes Social Dialogue How the ILO Promotes Social Dialogue Typology of Social Dialogue Typology of Social Dialogue Cycle of Social Dialogue Cycle of Social Dialogue Actors Actors Civil Society Civil Society Forms of Social Dialogue Forms of Social Dialogue Levels of Social Dialogue Levels of Social Dialogue Conditions for Constructive Social Dialogue Conditions for Constructive Social Dialogue The Role of Government The Role of Government The Role of All Partners The Role of All Partners Issues Addressed by Social Dialogue 1 and 2 Issues Addressed by Social Dialogue 1 and 2 Benefits of Social Dialogue Processes Benefits of Social Dialogue Processes Pitfalls of Social Dialogue Pitfalls of Social Dialogue Social Dialogue: A Vital Tool for DWCP Processes Social Dialogue: A Vital Tool for DWCP Processes ILO Standards Related to Social Dialogue ILO Standards Related to Social Dialogue 2

3 The ILO’s Mandate o The Mandate of the ILO is based on the principle of tripartism and social dialogue to promote equity, equality and human dignity. o It core values are now enshrined as Decent Work i.e. promoting opportunities for men and women to realise, through social dialogue and tripartism, social justice, decent and productive work, in conditions of freedom, equality, security and human dignity.

Strategic Objectives of the DWA 4

5 Continues… Promote Decent Employment Opportunities Promote Decent Employment Opportunities Promote and Protect Rights at Work Promote and Protect Rights at Work Enhance Social Protection Enhance Social Protection Strengthen Social Dialogue in handling work- related issues Strengthen Social Dialogue in handling work- related issues *Social Dialogue is both a Means and an Objective. and an Objective. D S I OA CL I O AG LU E

6 Definition of Social Dialogue SOCIAL DIALOGUE: All types of NEGOTIATION, CONSULTATION or Simply EXCHANGE OF INFORMATION, among or between the representatives of governments, employers and workers on issues of common interest relating to economic and social policy. All types of NEGOTIATION, CONSULTATION or Simply EXCHANGE OF INFORMATION, among or between the representatives of governments, employers and workers on issues of common interest relating to economic and social policy. The consultations, negotiations or interactions in general can be formal or informal, institutionalized or not. The consultations, negotiations or interactions in general can be formal or informal, institutionalized or not.

Continues… 7

Continues… 1 Information 2 Consultation 3 Negotiation 8

9 INFORMATION INFORMATION X Y CONSULTATION CONSULTATION X Y NEGOTIATION NEGOTIATION X Y

Continues… 10

Purpose of Social Dialogue The main purpose of Social Dialogue is to promote consensus building and democratic involvement among the main stakeholders of the World of Work. The main purpose of Social Dialogue is to promote consensus building and democratic involvement among the main stakeholders of the World of Work. To create ownership among the parties over economic and social issues. To create ownership among the parties over economic and social issues. It is a tool for promoting better living and working conditions and greater social justice. It is a tool for promoting better living and working conditions and greater social justice. To reduce conflicts, advance industrial peace, boost productivity, ensure labour protection, and, in consequence, minimize the need for labour inspection To reduce conflicts, advance industrial peace, boost productivity, ensure labour protection, and, in consequence, minimize the need for labour inspection 11

How The ILO Promotes Social Dialogue The ILO promotes national social dialogue through: The ILO promotes national social dialogue through: -International Labour Standards -International Labour Standards -Technical Cooperation -Technical Cooperation -Technical Assistance/Policy Advice -Technical Assistance/Policy Advice 12

TYPOLOGY OF SOCIAL DIALOGUE 13

CYCLE OF SOCIAL DIALOGUE 14

15 Actors Governments Governments Workers Workers Employers Employers Civil society (Tripartism +) Civil society (Tripartism +)

16 Civil Society People on the periphery of formal systems of employment (self-employed, micro- entrepreneurs, dismissed former salaried workers, associations of home-workers, etc) People on the periphery of formal systems of employment (self-employed, micro- entrepreneurs, dismissed former salaried workers, associations of home-workers, etc) NGOs NGOs

Forms of Social Dialogue Bipartite: Workers and Employers Tripartite: Government, Workers and Employers Tripartite +: Government, Workers, Employers and Civil Society 17

18 Levels of Social Dialogue International International Regional Regional National National Sector/Branch Sector/Branch Enterprise Enterprise

19 International  International Labour Conference  International Framework Agreements (STATOIL; IKEA, Telefónica, etc.)

20 Regional The Regional Economic Communities (RECs) in Africa: o LASC (Labour and Social Affairs Commission of the African Union) o UMA (Arab Magherb Union) o COMESA (Common Market for Eastren and Southern African) o CEN-SAD (Community of Sahel Saharan States) o EAC (East African Community) o ECCAS (Community of Central African States) o ECOWAS (Economic Community of West African States) o IGAD (Intergovernmental Authority on Development) o SADC (Southern Africa Development Community)

21 National National Tripatite & Bipartite Institutions: o Economic and Social Councils (Triparte +) o Tripartite Bodies e.g. TNF, LTAC, NTC, LAB, NTCC, LCC, NSSF, etc. o Bipartite Bodies e.g. TGNCs, CB Coms., Bipartite Coms on OSH, Social Protection, Gender Equality, etc.

Functions of National Tripartite and Bipartite Bodies Development of policy initiatives Development of policy initiatives Participatory budgeting Participatory budgeting Advice to Governments on policy issues Advice to Governments on policy issues Consultations on policy formulation Consultations on policy formulation Decision-making or recommendation on policy Decision-making or recommendation on policy Negotiation of Accords or Agreements Negotiation of Accords or Agreements Supervision of implementation of Agreements Supervision of implementation of Agreements 22

23 Enterprise o Bipartite Consultative Committees o Collective Bargaining Committees

24 Conditions for Constructive Social Dialogue o Freedom of Association; o Democratic foundations; o Appropriate legislative and policy frameworks and well-resourced mechanisms conducive to, and supportive of Social Dialogue; o Strong and independent workers’ and employers’ organisations with legitimacy to speak and act with authority on behalf of their constituents;

Continues… o Political will and commitment to engage in social dialogue by all parties; o Mutual confidence among the parties and their respect for the results of the consultation process o Social acceptance of social dialogue; o Technical knowledge and capacity to participate competently in the tripartite dialogue; o Capacity to reconcile interests and deliver on agreements. 25

The Role of Government Build an Enabling EnvironmentProvide an Administrative Support Create Conditions for Independent Organisations of Workers and Employers to Emerge 26

Role of All Partners Training and Vocational Guidance Involvement in Policy Making Joint policies/CBA on Issues of Interest Advising Governments/ILO /Regional Bodies Sensitization of their Members 27

Continues… Acceptance of the Principles of Interdependence Show Great Respect for the Dialogue Process Ensure Commitment in every Aspects of the Dialogue Process Observe Flexibility & Ensure Wider Search for Consensus Demonstrate High Level of Trust in the Dialogue Process 28

29 Issues Addressed by Social Dialogue 1 Wider Economic & Social Policy Issues: o Macroeconomic policy framework and economic growth o Structural change and transformation of the economy o Wage increases and inflation; monetary policy o Employment policy o Educational and vocational training o Productivity and economic competitiveness o Taxation and fiscal policy o Social welfare, security and protection o Economic and social strategies to deal with externally originating pressures for reform

30 Issues Addressed by Social Dialogue 2 Labour & Industrial Relations Issues: o Wage settings, including minimum wage determination; o Labour legislation; o Working conditions; o Labour market policy; o Labour dispute settlement; o Occupational Safety and Health; o Green Economy and Sustainable Development.

31 Benefits of Social Dialogue Processes o Democratization of economic and social policy making o Legitimacy and ownership o Reduce social conflicts o Ease social tensions during economic hardship and transition periods

32 Continues… o Social pacts o Sustainable economic and labour reform o Bringing the social dimension to the economic policy reform agenda o National economic and social progress

Pitfalls of Social Dialogue Narrow vested interests, blocking reforms Narrow vested interests, blocking reforms Lack of basic agreement on economic analysis and/or prescription Lack of basic agreement on economic analysis and/or prescription Lack of democratic accountability and legitimacy Lack of democratic accountability and legitimacy 33

Social Dialogue: A Vital Tool for the DWCP Processes Social Dialogue: o Provides the forum for debate on the findings of a diagnostic research on the state of the country’s economy o Creates room for a joint determination of DWCP priorities, outcomes and outputs o Translates into adoption of consensus on procedures for the joint implementation, monitoring and evaluation of all aspects of DWCP 34

35 ILO Standards Related to Social Dialogue Conventions: Right of Association (Agriculture) Convention, 1921 (N°11) Right of Association (Agriculture) Convention, 1921 (N°11) Right of Association (Non-Metropolitan Territories) Convention, 1947 (N°84) Right of Association (Non-Metropolitan Territories) Convention, 1947 (N°84) Freedom of Association and Protection of the Right to Organize Convention, 1948 (N°87) Freedom of Association and Protection of the Right to Organize Convention, 1948 (N°87) Right to Organise and Collective Bargaining Convention, 1949 (N°98) Right to Organise and Collective Bargaining Convention, 1949 (N°98) Workers’ Representatives Convention, 1971 (N°135) Workers’ Representatives Convention, 1971 (N°135)

Continues… Rural Workers’ Organisation Convention, 1971 (N°141) Rural Workers’ Organisation Convention, 1971 (N°141) Tripartite consultation (International Labour Standards) Convention, 1976 (N°144) Tripartite consultation (International Labour Standards) Convention, 1976 (N°144) Labour relations (public service) Convention, 1978 (N°151) Labour relations (public service) Convention, 1978 (N°151) Collective bargaining Convention, 1981 (N°154) Collective bargaining Convention, 1981 (N°154) 36

CILO Convention No. 87 Aims at protecting the free exercise of the right to organise of workers and employers vis-à-vis public authorities (independence) Aims at protecting the free exercise of the right to organise of workers and employers vis-à-vis public authorities (independence) Protects in law and in practice the freedom to establish organisations, prerequisite to the other guarantees enunciated in ILO instruments Protects in law and in practice the freedom to establish organisations, prerequisite to the other guarantees enunciated in ILO instruments The right to organise depends on three principles: The right to organise depends on three principles: -That no distinction is made among those entitled to the right of association -That no distinction is made among those entitled to the right of association -That there is no need for previous authorization to establish organisations -That there is no need for previous authorization to establish organisations -That there is freedom of choice with regard to membership of such organisation -That there is freedom of choice with regard to membership of such organisation 37

ILO Convention No. 144 Matters for consultation: Matters for consultation: -Items on the ILO Conference agenda -Items on the ILO Conference agenda -Consideration of new standards for ratification or implementation -Consideration of new standards for ratification or implementation -Re-examination of ungratified Conventions, or Recommendations -Re-examination of ungratified Conventions, or Recommendations -Reports to the ILO on ratified Conventions -Reports to the ILO on ratified Conventions -Proposals for the denunciation of ratified Conventions -Proposals for the denunciation of ratified Conventions  Other matters for consultation (Recommendation N°152): -ILO technical cooperation activities -ILO technical cooperation activities -Resolutions and Conclusions of ILO Conferences and Meetings -Resolutions and Conclusions of ILO Conferences and Meetings -Promotion of better knowledge of ILO activities -Promotion of better knowledge of ILO activities -Any other issue -Any other issue 38

Continues… Recommendation: Collective Agreements Recommendation, 1951 (N°91) Collective Agreements Recommendation, 1951 (N°91) Voluntary Conciliation and Arbitration Recommendation, 1951 (N°92) Voluntary Conciliation and Arbitration Recommendation, 1951 (N°92) Cooperation at the Level of the Undertaking Recommendation, 1952 (N°94) Cooperation at the Level of the Undertaking Recommendation, 1952 (N°94) Consultation (Industrial and National Levels) Recommendation, 1960 (N°113) Consultation (Industrial and National Levels) Recommendation, 1960 (N°113) 39

Continues… Communications within the Understanding Recommendation, 1967 (N°129) Communications within the Understanding Recommendation, 1967 (N°129) Examinations of Grievances Recommendation, 1967 (N°130) Examinations of Grievances Recommendation, 1967 (N°130) Workers’ Representatives Recommendation, 1971 (N°143) Workers’ Representatives Recommendation, 1971 (N°143) Rural Workers’ Organisation, 1975 (N°149) Rural Workers’ Organisation, 1975 (N°149) Labour Relations (Public Service) Recommendation, 1978 (N°159) Labour Relations (Public Service) Recommendation, 1978 (N°159) Collective Bargaining Recommendation, 1981 (N°163) Collective Bargaining Recommendation, 1981 (N°163) 40

GROUP WORK 1. Give a brief description of the existing tripartite systems in your countries in terns of: -Composition -Composition -Mandate -Mandate -Frequency of meetings -Frequency of meetings -Priority issues for discussion -Priority issues for discussion -How their conclusions and recommendations are treated by the governments and the social partners? -How their conclusions and recommendations are treated by the governments and the social partners? 2. Suggest measures which in your opinion can boost the relevance and effectiveness of the tripartite systems in your countries. 41

42