Social Dialogue on temporary agency work in Europe Annemarie Muntz, Eurociett President

2 The EU Sectoral Social Dialogue Committee Since 2000, temporary agency work (TAW) has been established as one of the sectoral social dialogue committees on the European level Eurociett has been recognised as the official social partner, representing the employers side, with UNI Europa, representing the workers side The Sectoral Social Dialogue Committee (SSDC) on TAW meets regularly 3 times a year The SSDC activities are based on a joint work programme over 2 years. The work programme 2013/2014 was adopted in February The Activities of the EU SSDC on TAW include: Discussions on matters of mutual concern (employment policies, directives, etc.) Negotiating agreements and joint texts (joint declarations) Conducting joint projects (studies and researches) The activities at the EU level respect diversity of industrial relations at the national level

3 Joint declarations in the EU SSDC Joint declaration on Vocational Training (2009) stressing the role of sectoral social partners to facilitate access to training Second joint declaration on the Agency Work Directive (2008): Equal pay from day one, derogations possible for open-ended contracts and by collective labour agreement or agreement of social partners Strong wording on the need to review and lift unjustified restrictions Clear recognition of the contribution of temporary agency work to well-functioning labour markets Eurociett and UNI Europa signed a joint declaration in the framework of the EU debate on Flexicurity (2007) Positive recognition of the role of temporary agency work in breating pathways to employment Facilitating transitions in the labour market First joint declaration on the Agency Work Directive (2001)

4 Joint projects/research in the EU SSDC In the context of the SSDC, a series of joint projects have been carried out to improve knowledge on specific issues relating to agency workers: Joint project on Vocational Training for temporary agency workers (2008) The European Observatory on cross border activities within TAW (2009). The Observatory is regularly updated by joint factsheets The latest joint project (2012) was about the role of temporary agency work and labour market transitions in Europe. As outcome, it included: Full report with facts and figures showing the positive contribution of the industry to foster labour market transitions Joint recommendations to EU policy makers on how to maximise the role of temporary agency work in facilitating transitions

5 Other results in the EU SSDC Sectoral studies on TAW carried out with Eurofound: Temporary agency work and collective bargaining (2008) Temporary agency work in an enlarged European Union (2006) Round tables events to promote the sectoral social dialogue on TAW have been organised in: Croatia (2013) Turkey (2010) Bulgaria (2009) Hungary (2007) Poland (2006)

6 Illegality Grey zone Hostility & rejection of this new form of work relationship Legal recognition Containmen t of an unpopular industry, as a last resort HR provider Social tolerance AW accepted by trade unions, if properly regulated Normative acceptance Useful tool for labor market policies Societal acceptance AW as an acceptable work alternative Full recognition AW as a desirable choice for work Indicating problems with existing institutional framework Voicing the state of play Presenting acceptable future state, dealing with institutional tensions Envisioning Working within strict limits of social acceptance Experimentati on & learning Pointing out societal constraints & industry possibilities Educating and fact proving Presenting vision based on own professional expertise Institutional leadership Institutionalisat ion of the industry & preparing the future Maintenance & anticipation Phases of acceptance of TAW and regulation The evolution of the role of a national federation No regulation Coercitive regulation CLAs in addition to existing law Lifting restrictions Social partners to define regulation Relevant regulation

7 Social dialogue & maturity of regulation on TAW Across Europe the role of social partners and the impact of social dialogue on the temporary agency work sector vary significantly Source: Eurociett/UNI Europa The role of temporary agency work and labour market transitions in Europe, 2012

8 Diversity in collective bargaining on TAW In Europe, collective bargaining on TAW is at different levels: Corss-sectoral (national level) Agency work sector (sectoral level) Agency work branches User companies In some countries it can be multiple levels at the same time, for example in Belgium, Netherlands, Sweden, etc. Source: Eurofound research on TAW and collective bargaining, 2008

9 Bipartite funds at the national level Where sectoral social partners have constructive social dialogue, they manage to establish bipartite funds to enhance conditions for temporary agency workers Bipartite funds exist in 7 EU countries Source: BCG/Eurociett, Adapting to change, 2011

10 Bipartite funds: example of the NL Source: BCG/Eurociett, Adapting to change, 2011

11 Way forward at the EU level Eurociett/UNI Europa joint work programme for 2013/2014, focusing on: Discussion on the Agency Work Directive as in December 2013 the European Commission will issue its official assessment on the implementation Continued promotion of social dialogue through presentations at the SSDC of national social dialogue/CLAs (DE, AT, DK, CH) Presentation on the Dutch labour inspectorate + CLA police to show commitment to quality and to fight rogue agencies Next proposed joint project How temporary agency work compares with other forms of work The project will provide qualitative and quantitative data to compare TAW with other forms of work (e.g. fixed-term contracts, self- employment) on: market share, regulation, access to social security, vocational training, social dialogue, etc. The data will be compiled in an EU overview and complemented with 4-6 national case studies (ES, DE, NL, etc.)

12 Way forward at the national level Continue the exchange between social partners in Croatia beyond this roundtable Eurociett and UNI Europa will continue to support the Croatian social partners in the TAW sector Continue to promote social dialogue to enhance conditions of temporary agency workers at the national level In respect with the national diversity and practice Learning and exchanging best practices with Eurociett and UNI Europas members The Croatian social partners are invited to be part of the regular meetings of the SSDC, the next one being on 16 October.