Framework agreement on inclusive labour markets

Outline Negotiation process – brief overview Content in a nutshell Annex 1 : Recommendations Annex 2 : References

Negotiation process: history Before negotiations: European Social Partners work programme 2006-2008 ‘Negotiate an autonomous framework agreement on either the integration of disadvantaged groups on the labour market or life long learning. In order to define their respective mandates, they will explore different possibilities.’ European Social Partners work programme 2009-2010 ‘Negotiation and implementation of an autonomous framework agreement on inclusive labour markets.’ Follow up of the joint labour market analysis Negotiations: 15 meetings – 14 months Signed on 25 March 2010 Implementation deadline: 25 March 2013  1. Joint condemnation and mutual concerns Harassment and violence have serious social consequences (health, working climate, work satisfaction, etc.) and, thus economic repercussions. That is why they must be tackled by the social partners (Seminar on Violence at Work Brussels 12 May 2005-Minutes)‏ UNICE underlined the fact that the employers delegation did not see any value in additional EU legislation in this area, given the extensive and diverse legal system in the EU and across the Member States which either directly or indirectly covers the issue. The employers do not see this as a health and safety issue, but rather one which should be handled at the level of human resource management. As it is not seen to be a European phenomenon, the employers believe it should be dealt with at the workplace level. However, they do agree on the need to continue work as social partners in this area. The ETUC represented by Maria Helena Andre, Deputy General Secretary underlined the added value of joint social partner action in this area noting the disparity between legislation, regulation and information and statistical data across the EU member states and the need to find specific solutions to each of the 3 forms of violence addressed. Need to identify potential risk factors and it is clear that violence in the workplace is linked to key aspects of work organisation, the working environment and the type of work being carried out, but also the type of employment contract –either the precarious nature of the contract or the potentially violent activities involved in the job itself.SP need to defined preventative measures and proactive actons to eliminate primary causes of violence within workplaces. The importance of linking the issue not only to health and safety legislation but also antidiscrimination legislation was also underlined. FOLLOW UP

Negotiation process Consultation process under Art. 138(2) EC Treaty consultation on possible direction COMMISSION SOCIAL PARTNERS proposal in the social policy field opinion if Community action is desirable consultation on the content of the envisaged proposal Initiate negotiation where appropriate, Commission follow-up opinion or recommendation or negotiation 9 months failure where appropriate, Commission follow-up joint request agreement Following a chart that most of you already know, describing the consultation procedure under Article 138 (2) of the EC Treaty, the SP have negotiated a framework agreement during a period of 9 months and agreed on a text in Dec. 2006 As there was no possibility to agree on a joint request with the employers to the Commission that would have given the agreement a legally binding effect if it would have been by Council decision transformed into a Directive, the agreement is a so called autonomous framework agrement that will have to be implemented ‘according to the procedureand practices specific to managemetn and labour in the MS’. Implementation in accordance with procedures and practices specific to management and labour Council decision >Directive Autonomous Agreements 2002 F.A on telework 2004 F.A on stress at work 2007 F.A on harassment and violence at work 2010 F.A on ILM Framework agreements>Directive 1995 Parental leave 1997 Part-time work 1999 Fixed term work

European Social Partners Negotiation process Signatory parties European Social Partners Representing European workers ETUC – European Trade Union Confederation; Established in 1973; 82 member organisations in 36 countries; 60m workers; 12 European Industry Federations; Eurocadres (professional & managerial staff) FERPA (retired retired & older people) Representing European employers UNICE – the Confederation of European Business (Since Feb. 2007 = BUSINESSEUROPE); UEAPME – European Association of Craft, Small and Medium-sized Enterprises; CEEP – European Centre of Enterprises with Public Participation and of Enterprises with General Economic Interest

Mandate and objectives To promote measures to facilitate an individuals capacity to enter, remain and progress on the labour market, To find ways to facilitate access to the labour market for those who are just outside (curative approach), To help those who are in the labour market to remain and progress there (preventative approach) The agreement will not cover those who are furthest from the labour market, as some of the factors at play in these circumstances are beyond the remit of the social partners, and are covered by policies on social inclusion.

Content of the agreement Introduction and context Aim of the agreement Description and scope Obstacles Social partners’ actions Implementation and follow up Annexes Annex 1 : Recommendations to public authorities and other actors Annex 2 : References

Content 1. Introduction A key concern for European social partners SP have an important role to play to address this challenge Objective : to promote inclusive labour markets, to maximise the full potential of Europe’s labour force and to increase employment rates and to improve job quality, including through training and skills development Inclusion is also an important element of Europe’s response to long-term challenges (demographic change, working-age population and sustainability of social protection systems)  1. Joint condemnation and mutual concerns Harassment and violence have serious social consequences (health, working climate, work satisfaction, etc.) and, thus economic repercussions. That is why they must be tackled by the social partners (Seminar on Violence at Work Brussels 12 May 2005-Minutes)‏ UNICE underlined the fact that the employers delegation did not see any value in additional EU legislation in this area, given the extensive and diverse legal system in the EU and across the Member States which either directly or indirectly covers the issue. The employers do not see this as a health and safety issue, but rather one which should be handled at the level of human resource management. As it is not seen to be a European phenomenon, the employers believe it should be dealt with at the workplace level. However, they do agree on the need to continue work as social partners in this area. The ETUC represented by Maria Helena Andre, Deputy General Secretary underlined the added value of joint social partner action in this area noting the disparity between legislation, regulation and information and statistical data across the EU member states and the need to find specific solutions to each of the 3 forms of violence addressed. Need to identify potential risk factors and it is clear that violence in the workplace is linked to key aspects of work organisation, the working environment and the type of work being carried out, but also the type of employment contract –either the precarious nature of the contract or the potentially violent activities involved in the job itself.SP need to defined preventative measures and proactive actons to eliminate primary causes of violence within workplaces. The importance of linking the issue not only to health and safety legislation but also antidiscrimination legislation was also underlined. FOLLOW UP

Content Shared responsibilities and role of other actors 1. Introduction Shared responsibilities and role of other actors Shared responsibilities of employers, individuals, workers, workers’ and employers’ representatives Achieving an inclusive labour market does not depend exclusively on their action (public authorities and other actors) // Cf : Annex 1 There exist several European legislative and non-legislative instruments of which the implementation and application is particularly relevant // Cf : Annex 2

Content 2. Aim The main aim of the Framework Agreement is to: Consider the issues of access, return, retention and development with a view to achieving the full integration of individuals in the labour market; Increase the awareness, understanding and knowledge of employers, workers and their representatives of the benefits of inclusive labour markets; Provide workers, employers and their representatives at all levels with an action-oriented framework to identify obstacles to inclusive labour markets and solutions to overcome them. 2. The aim of the agreement is twofold: Increase awareness and understanding at the work place Provide an action oriented framework for identification, prevention, management of violence at the workplace The agreement seeks to establish a number of general principles, objectives and concrete measures to prevent, combat and eliminate violence at work. The agreement must be seen as an action oriented reference document that can be used and adapted by social partners at other levels according to their needs and specific problems; Harassment and violence are recognised as collective issues that needs collective solutions. 3. Description has been one of the most difficult chapter to negotiate. Businesseurope was very reluctant to recognise the influence that the work environment may have in the occurrence of harassment and violence at the workplace. Again recognition that harassment and violence Due to the complexity of the issues ETUC proposed to have two separate definitions in order to show the difference between repetitive and once-off events: Both the descriptions of harassment and of violence stress the link between the these phenomena and the workplace. As to the description of the possible perpetrators, the ETUC wished a formulation that did not explicitly excluded 3rd party violence, whereby the employers delegation refused to explicitely mentioned it. The text therefore needs to be read in conjunction with references to 3rd party violence and in particular the last sentence in chapter 4 which states that external violence is covered by the agreement. In addition the reference to “individuals” that perpetrate violence and harassment make clear that 3rd parties are meant. By one or more than one individuals: get rid of UNICE proposal of interpersonal conflicts: harassment between colleagues only or between superiors and subordinates, ie internal only

Content 3. Description and scope This Framework Agreement covers those persons who encounter difficulties in entering, returning to or integrating into the labour market (OUT) and those who, although in employment, are at risk (IN) of losing their job due to the factors referred to below. This Framework Agreement does not focus on specific groups. 2. The aim of the agreement is twofold: Increase awareness and understanding at the work place Provide an action oriented framework for identification, prevention, management of violence at the workplace The agreement seeks to establish a number of general principles, objectives and concrete measures to prevent, combat and eliminate violence at work. The agreement must be seen as an action oriented reference document that can be used and adapted by social partners at other levels according to their needs and specific problems; Harassment and violence are recognised as collective issues that needs collective solutions. 3. Description has been one of the most difficult chapter to negotiate. Businesseurope was very reluctant to recognise the influence that the work environment may have in the occurrence of harassment and violence at the workplace. Again recognition that harassment and violence Due to the complexity of the issues ETUC proposed to have two separate definitions in order to show the difference between repetitive and once-off events: Both the descriptions of harassment and of violence stress the link between the these phenomena and the workplace. As to the description of the possible perpetrators, the ETUC wished a formulation that did not explicitly excluded 3rd party violence, whereby the employers delegation refused to explicitely mentioned it. The text therefore needs to be read in conjunction with references to 3rd party violence and in particular the last sentence in chapter 4 which states that external violence is covered by the agreement. In addition the reference to “individuals” that perpetrate violence and harassment make clear that 3rd parties are meant. By one or more than one individuals: get rid of UNICE proposal of interpersonal conflicts: harassment between colleagues only or between superiors and subordinates, ie internal only

Content 3. Description and scope Several factors or their combination may encourage or discourage labour market participation Contextual factors (linked to the economic and labour market environment) Work-related factors ( work organisation and work environment, recruitment processes, technological evolution and training policies...) Individual factors (skills, qualification and education levels, motivation, language knowledge, health status and frequent or long unemployment periods...) 2. The aim of the agreement is twofold: Increase awareness and understanding at the work place Provide an action oriented framework for identification, prevention, management of violence at the workplace The agreement seeks to establish a number of general principles, objectives and concrete measures to prevent, combat and eliminate violence at work. The agreement must be seen as an action oriented reference document that can be used and adapted by social partners at other levels according to their needs and specific problems; Harassment and violence are recognised as collective issues that needs collective solutions. 3. Description has been one of the most difficult chapter to negotiate. Businesseurope was very reluctant to recognise the influence that the work environment may have in the occurrence of harassment and violence at the workplace. Again recognition that harassment and violence Due to the complexity of the issues ETUC proposed to have two separate definitions in order to show the difference between repetitive and once-off events: Both the descriptions of harassment and of violence stress the link between the these phenomena and the workplace. As to the description of the possible perpetrators, the ETUC wished a formulation that did not explicitly excluded 3rd party violence, whereby the employers delegation refused to explicitely mentioned it. The text therefore needs to be read in conjunction with references to 3rd party violence and in particular the last sentence in chapter 4 which states that external violence is covered by the agreement. In addition the reference to “individuals” that perpetrate violence and harassment make clear that 3rd parties are meant. By one or more than one individuals: get rid of UNICE proposal of interpersonal conflicts: harassment between colleagues only or between superiors and subordinates, ie internal only

Content 4. Obstacles Access, return, retention and development : fundamental steps to achieving the full integration of individuals in the labour market. Identification of obstacles to ILM: Do not necessarily occur simultaneously Not an exhaustive list 2. The aim of the agreement is twofold: Increase awareness and understanding at the work place Provide an action oriented framework for identification, prevention, management of violence at the workplace The agreement seeks to establish a number of general principles, objectives and concrete measures to prevent, combat and eliminate violence at work. The agreement must be seen as an action oriented reference document that can be used and adapted by social partners at other levels according to their needs and specific problems; Harassment and violence are recognised as collective issues that needs collective solutions. 3. Description has been one of the most difficult chapter to negotiate. Businesseurope was very reluctant to recognise the influence that the work environment may have in the occurrence of harassment and violence at the workplace. Again recognition that harassment and violence Due to the complexity of the issues ETUC proposed to have two separate definitions in order to show the difference between repetitive and once-off events: Both the descriptions of harassment and of violence stress the link between the these phenomena and the workplace. As to the description of the possible perpetrators, the ETUC wished a formulation that did not explicitly excluded 3rd party violence, whereby the employers delegation refused to explicitely mentioned it. The text therefore needs to be read in conjunction with references to 3rd party violence and in particular the last sentence in chapter 4 which states that external violence is covered by the agreement. In addition the reference to “individuals” that perpetrate violence and harassment make clear that 3rd parties are meant. By one or more than one individuals: get rid of UNICE proposal of interpersonal conflicts: harassment between colleagues only or between superiors and subordinates, ie internal only

Content 4. Obstacles Types of obstacles Obstacles regarding the availability of information Obstacles regarding recruitment Obstacles regarding training, skills and capabilities Obstacles regarding responsibilities and attitudes of employers, workers, their representatives and job seekers Obstacles regarding working life There are also several factors going beyond the sole competences of social partners, which impact on the effectiveness of labour markets in integrating everybody of working age (cf recommendations in annex 1).

5. Social partners’ actions Content 5. Social partners’ actions Solutions to the obstacles identified ! Various measures, actions and/or negotiations at all levels Can be taken by employers, workers, their representatives, jobseekers and third parties Promotion of the creation of jobs and of the employability of workers and jobseekers with a view to integrating all individuals in the labour market Recognition of SP that they have a responsibility to deepen their reflections and engage themselves to find solutions + mobilise their members

5. Social partners’ actions Content 5. Social partners’ actions Such specific measures include for example: Awareness-raising campaigns + action plans to improve and/or restore the image of a sector or occupation(s) in all their aspects; Awareness-raising campaigns and design tools to promote the diversity of the workforce; Information about availability of jobs and training schemes; Cooperation with education and training systems in order to better match the needs of the individual and those of the labour market; Implementation of specific and effective recruitment methods and induction policies as well as ensure the right working conditions to welcome and support new entrants in the enterprise; Introduction of individual competence development plans Improvement transparency and transferability by promoting the development of means of recognition and validation of competences, and by improving the transferability of qualifications; Promotion of more and better apprenticeship and traineeship contracts

Content 6. Implementation Reference to article 155 of the Treaty Joint commitment of the members of BUSINESSEUROPE, UEAPME, CEEP and ETUC (and the liaison committee EUROCADRES/CEC) to promote and implement the agreement Implementation within three years after the date of signature of this agreement Report on the implementation of this agreement to the SDC Preparation and adoption of a yearly table summarising the on-going implementation of the agreement during the first three years after the date of signature of this agreement by the SDC Evaluation and review of the agreement at any time after the five years following the date of signature, if requested by one of the signatory parties Non additional burden for SMEs “Non regression clause” - “More favourable clause”

ANNEX 1: Recommendations To public authorities and other actors “The European social partners recommend that the Member States should design and implement comprehensive policies to promote inclusive labour markets” (+ social partners must be involved at the appropriate level). Themes covered : The extent and quality of specific transitional measures for people who encounter difficulties in the labour market The effectiveness of employment and career advice services Education and Training The adequacy of investment in territorial development The adequacy of access to transport / care / housing / education The relative ease or difficulty of starting, sustaining and expanding businesses The role of tax and benefit systems

ANNEX 2: References As mentioned in Clause I on “Introduction”, the European social partners consider that, alongside this framework agreement, there exist several European legislative and non-legislative instruments whose implementation and application is particularly relevant in order to achieve the aims and principles set out in this framework agreement : 1 - European social partners’ text 2 - Decisions/recommendations/ conclusions 3 - European Directives