Influence of the European social dialogue on national level Ljubljana, 28 September 2009 Slawomir Adamczyk, ETUC

Dialogue between social partners is one of the pillars of the European Union and as such guarantees of the existence of european social model

 Fundamental determinant of socio-economic development of Western Europe after the WW II  Equated with social achievements of European Community  The uniform ESM applied to every member state doesn’t exist but…  Although national models differ each other all refer to concept of „welfare state” European social model

 Idea of social justice and counteracting of exclusion  Social policy as a factor to promote adjustment to the economy changes (there is no contradiction between competition and social cohesion)  High level of organizing of interests and conducting negotiations between social partners themselves and also with public authorities European social model – main principles

High economic effectivenes High level of social protection and eduction Social dialogue Definition adopted by European Council during the summit in Barcelona in 2002 European social model is constituted by:

1952Treaty of Paris (ECSC) 1958Treaty of Rome (EEC) 1972Social dimension of integration is noticed (Paris Summit) 1985Informal meeting of ETUC, UNICE and CEEP in Val Duchesse 1986Single European Act 1991Social Agreement ( attached as a protocol to Maastricht Treaty) 1997 Treaty of Amsterdam (art. 138 i 139 TEC) 2000The EU Charter of Fundamental Rights 2007 Treaty of Lisbon (still not completed) Development of legal basis for European social dialogue

Treaty articles art. 138 and 139:  consultation of the social partners in the social field (definition of social field in art.137)‏  two-stage consultation (on “ possible direction ” and “ content ” of future Union action)‏  possibility to enter negotiations and to conclude an agreement replacing Union action  two options regarding implementation Treaty provisions

Art. 138 of the Treaty The Commission has a responsibility to promote consultation of the social partners at community level and to take every useful measure to facilitate their dialogue, taking care to ensure a balanced support of both sides The Commission consults social partners first Social partners can engage into a dialogue Art. 139 of the Treaty The Community level dialogue between the social partners can lead, if they wish it, to contractual relations, including agreements. The implementation can be made either by an EU instrument or through national channels Treaty provisions

Before 1985: formal/informal consultations of SP : emergence of bi-partite social dialogue (“joint opinion period”)‏ : recognition of social dialogue in the Treaty and negotiations of agreements based on article 138 and 139 of the Treaty Since 2002: social partners re-affirm their autonomy and adopt a work programmes for social dialogue ( ; and ). Social dialogue: short history

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 & older people) European Social Partners Representing European employers BUSINESSEUROPE – the Confederation of European Business; 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

 Tripartite concertation (with the Commission and Council)  Consultation under article 138 TEC (concerning issues mentioned in article 137)  Bipartite dialogue (autonomous) - cross-sectoral - sectoral  Framework of dialogue at company level (information and consultation procedures) Main forms of activity of European social partners

“Val Duchesse” social dialogue Sectoral social dialogue committees TRIPARTITE BIPARTITE EWC Tripartite Social Summit Macroeconomic dialogue Dialogue on employment, education, etc. Consultation under article 138 TEC 27 topics since 1993 Cross-industrySectoralCompany AUTONOMOUS The forms of European social dialogue

improvement in particular of the working environment to protect workers' health and safety; working conditions; social security and social protection of workers; the information and consultation of workers; the integration of persons excluded from the labour market; equality between men and women with regard to labour market opportunities and treatment at work; the combating of social exclusion; Some issues covered by obligatory consultations with social partners (article 137 TEC )

European social dialogue procedure under article 138 TEC Proposal on the field of social policy When appropriate – further action of the Commission When appropriate – independent action of the Commission European Commission Social Partners Consultation on possible direction Consultation on possible content Opinion or recommendation Failure of negotiations NEGOTIATIONS9 months AGREEMENT Opinion If action at Community level desirable

Social dialogue outcomes Agreements establishing standards Article of the Treaty Recommendations concerning standards and principles Exchange of information Framework agreements Autonomous agreements Frameworks of action Joint opinions Guidelines and Codes of conduct Policy orientations Declarations Tools Implementation Follow-up at National level Information Diffusion

EU social dialogue - roles of actors European social partners European social partners National social partners National social partners Commission Member States Follow-up reports Reference in national texts Follow-up Financial support Frameworks of action Guidelines Codes of conduct Policy orientations Frameworks of action Guidelines Codes of conduct Policy orientations Implementation reports Implementation In national texts Monitoring Financial support Facilitation AUTONOMOUS AGREEMENTS AUTONOMOUS AGREEMENTS Implementation reports Transposition AGREEMENTS Implemented by Council decision AGREEMENTS Implemented by Council decision Consultation on implementation reports

 Established in 1992, composed of 64 członków (equal number of employers and trade unions)  Responsible for preparation of multi-annual joint work programmes  Also monitors implementations of joint activities at national level European social dialogue committee

1998 European Commission recommends to establish European sectoral social dialogue committees committees established, covering more than 60% EU employees, result: more than 350 joint opinions, recommendations, declarations, guidelines, codes of conduct, agreements (some of them transformed into EU directives). European sectoral social dialogue

6 Framework agreements Agreement on parental leave, 14 December 1995 EU Directive 96/34/EC of 3 June 1996 Agreement on part time work, 6 June 1997 EU Directive 97/81/EC of 15 December 1997 Agreement on fixed term contracts, 19 March 1999 EU Directive 99/70/EC of 28 June 1999 Agreement on telework, 16 July 2002 > Implementation by SP Agreement on work-related stress, 8 October 2004 > Implementation by SP Agreement on harassment and violence at work, 21 April 2007 > Implementation by SP EU social dialogue results

2 Framework of actions Framework of actions on the lifelong development of competencies and qualifications, 14 March 2002 Framework of actions on gender equality, 22 March 2005 One Joint Labour Market Analysis, 18 October 2007 More than 50 joint reports, recommendations, declarations, opinions, compendia of good practices, etc. EU social dialogue results

Three joint work programmes – – –  Joint work on restructuring – Orientations for reference on managing change and its social consequences, October 2003 – Lessons learned on European Works Councils, March 2005 – Study on economic change in EU-27 (ongoing)‏  Technical assistance activities (ongoing)‏ EU social dialogue results

Context and priorities  Contribution to and promotion of growth, jobs and the modernisation of the EU social model  Reinforcement of social partners autonomy  Focus on Europe’s major economic and social challenges  Development of a common understanding of the social dialogue instruments and analysis of their impact at the various levels of social dialogue  Joint analysis on key challenges facing Europe’s labour market Work programme

Main achievements  Joint analysis on the key challenges of Europe’s labour markets  Adopted in October 2007  Contribution of SPs to the flexicurity debate at EU level  Joint recommendations of SPs to public authorities at EU and national levels  Negotiation of a framework agreement on inclusive labour markets  Negotiations started in October 2008 Ongoing implementation of European social dialogue tools  Framework agreement on work related stress  Framework agreement on harassment and violence  Framework of actions on gender equality  Integrated programme of technical assistance Work programme

 Consultations of EU social policy (art. 138 of the Treaty) have very concrete effects at lower levels and also national social partners can influence European policy in this respect  Exchanging of best practices between social partners can improve their activity concerning specific issues (frameworks of actions. guidelines, etc.)  Disseminating and implementation of standards concerning working environment contributes to development of „Social Europe”  In new Member States ESD supports to build capacity and autonomy of social partners What influence of European social dialogue on national level?

Implementation of European agreement on telework in Poland Great challenge – no practice of collective bargaining at cross-sectoral level, low representativity of social partners The „pioneer” work – 6 months of bipartite negotiations (only technical assistance provided by the Ministry of Labour) The voluntary agreement concluded and its basic rules transformed into binding law on SP request by the government The added value of the joint work : - dissemination of knowledge on the role of European social dialogue in decision making process and the consequences for the national level - building new forms of relationship between social partners

The European social dialogue supplemented by effective structures of national one can establish suitable environment for modern, future-oriented economy with strong social dimension in Europe. It only depends on social partners whether they are able to cope with this challenge. Hvala Lepa ! And final remark…