Workplace representation and social dialogue in Europe Guido Schwarz European Commission

Right of employees to be regularly informed and consulted In all Member states since 2005  implementation of Directive 2002/14/EC About economic and social situation of company About future prospects Through representatives (trade unions or elected) At transnational level, through European works councils (Directive 94/45/EC and 2009/38/EC) In large companies (+1000 employees in EEA) Procedure established per agreement 960 EWCs representing 15 million employees

European Works Councils There are more and more EWCs

Employee representatives Unions where recognised + new reps ISL unions with legal basis + new reps unions in the center + joint organs or elections SE FIN NO two-tier representatin but in practice: unions EST LTV IRL DK two-tier representation LIT NL UK two-tier representation, with joint council DE POL B CZ SLVK FR AT H SLVN ROU PT IT ES BUL GR TR MLT CY Pichot 2011

Specific national systems Codetermination between employer and employees through Obligation to reach an agreement Example: Germany, on social measures Obligation to negotiate Example: Sweden, for all economic decisions Obligation to take opinion into account Example: Netherlands, for all economic decisions Negotiation on future employment and skills Example: France

Forms of dialogue Codetermination with compulsory agreement ISL Other codetermination forms Extensive information and consultation+ negotiation SE FIN NO information and consultation + negotiation EST DK LTV Right to negotiate + New Information and consultation IRL LIT NL UK Negotiation + New Information and consultation DE POL CZ SLVK FR AT H SLVN ROU PT ES IT BUL GR TR MLT CY Pichot 2011

Employee board level participation To be established per agreement where existing in founding companies in European companies (European statute) European Cooperative Societies In companies resulting from cross-border mergers Important role in certain Member States Nordic countries Germany, Austria

Employee board level participation to the board of directors to the supervisory board ISL Specific systems in the public or privatised sector SE FIN not effective NO no system regarding participation EST LTV IRL DK LIT NL UK DE POL B CZ SLVK FR AT H SLVN ROU PT IT ES BUL TR GR MLT CY Pichot 2011

Transnational company agreements Increasing number of transnational company agreements in large multinationals European agreements on Dealing with restructuring Anticipating and developing skills, training and mobility Organising subcontracting and promoting SMEs International framework agreements On fundamental rights / CSR Accompanying global development Support of initiatives by the EU Work on an optional framework

National social dialogue Depends on system of industrial relations Trade union membership varies from less than 8% to almost 70% of workers Employers’ organisations with different views on social dialogue Autonomy in social dialogue vs tripartite dialogue Sets the rules in some Member states Through collective bargaining Mostly at sectoral level Example: organisation of sectors in Nordic countries, Italy Example: training scheme in France at sectoral level

Membership in trade unions

Membership in employers’ organisations

Collective bargaining coverage

Collective bargaining coverage High collective bargaining coverage is related to high levels of employers’ organisation (and weak but significant correlation with union density)

EU employment and social policy Treaties define overall objectives and principles Social market economy as core value of the EU (Art. 3 TEU) Charter of Fundamental Rights: Freedom of assembly and association (Art. 12) Information and consultation within the undertaking (Art. 27) Collective bargaining and action (Art. 28)

EU employment and social policy LEGISLATION Working conditions – Health and Safety Gender Equality – Anti-discrimination OPEN METHOD OF COORDINATION Employment Social Inclusion / Protection EUROPEAN SOCIAL FUND EGF PROGRESS Employment and social policy EUROPEAN SOCIAL DIALOGUE

European social dialogue combining the values of autonomy, responsibility and participation complements the national practices of social dialogue and industrial relations which exist in all Member States social partners assist in the definition of European social standards vital role in the governance of the European Union: ‘social subsidiarity’

European social dialogue Social dialogue is a pillar of Europe’s social model: Recognition and promotion of the role of social partners at Union level and of Tripartite Social Summit (Art. 152 TFEU) Article 154: consultation of European social partners by the Commission + support for their dialogue Article 155: agreements concluded by social partners

European social dialogue Consultation of social partners compulsory before any proposal in social policy field Two-stage consultation process: possible direction content Social partners can decide to start negotiations at either stage Legislative process is suspended

European social dialogue Agreements implemented by Directive « Autonomous » agreements The difference is not in content, but in way of implementation:   Council decision (Directive) – obligation on Member States to transpose « Autonomous » route – obligation on (national) social partners to implement

European social dialogue Agreements implemented by directive: parental leave – 1995 / 2009 part-time work - 1997 fixed-term work – 1999 working conditions of cross-border railway workers – 2004 preventing sharps injuries – 2010 « Autonomous » agreements implemented by social partners: telework - 2002 work-related stress – 2004 handling and use of Crystalline Silica – 2004 harassment and violence at work – 2007 European hairdressing certificates – 2009

European social dialogue Tripartite Concertation Public Authorities (Commission, Council) + Trade Unions + Employers Bipartite Dialogue Employers – Trade Unions Cross-industry "Val Duchesse" Covering the economy as a whole: workers (ETUC) and employers (BUSINESSEUROPE, UEAPME, CEEP) Sectoral Covering workers and employers of 40 specific sectors of the economy Tripartite Social Summit for Growth and Employment (Art. 152 TFEU)

European social dialogue Employers Trade unions 1. Cross-industry – general social partner organisations 2. Cross-industry - organisations representing certain categories of workers or undertakings 3. Sectoral social partner organisations (examples) and others…

Thank you for your attention! Contact: guido.schwarz@ec.europa.eu