IP FLEXEM TER OULU FINLAND 2007

THIS HAPPENS WHEN THERE IS NO SOCIAL DIALOGUE !

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

Table of contents Legal differences Constitutions Legislation General Introduction Legal differences European framework Constitutions Legislation

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

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

Normative sources of the Social Dialogue European framework (Art. 136, 137, 138, 139 of the Treaty; Art. 27, 28 of Nice Charter) Constitutions Legislation

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

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

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

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

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

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

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

Industrial Relations in Europe 2006

Industrial Relations in Europe 2006

Industrial Relations in Europe 2006

Industrial Relations in Europe 2006

Industrial Relations in Europe 2006

Industrial Relations in Europe 2006

Structure of trade unions are organised on: - sector base - occupational base ● countries are organized : - a dominant trade union - a few dominant trade unions

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

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

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

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

Assimiliated system of European Social Dialogue

Thank you for your support!! Ricardo Del Punta Guido Boni Rytis Krasauskas

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