1. ITC - ETUC European Sectoral Social Dialogue in the construction industry Werner Buelen Tel : 02/ (ext.45)

2. General information The ESD is embedded in the EU-treaty
ESD refers to autonomous discussions, consultations, negotiations and joint actions
It involves organisations representing the two sides of industry (employers and workers).
It takes two main forms - a tripartite dialogue involving the public authorities, and a bipartite dialogue between the European employers and trade union organisations.
EU Commission provides the secretariat for the committees
Community financial support is given to social dialogue initiatives

3. Forms of ESD
The bipartite dialogue takes place at cross-industry level (ETUC, BUSINESSEUROPE, CEEP, UEAPME) and within sectoral social dialogue committees.
As a result of their representativeness, European social partners have the right to be consulted by the Commission, and may decide to negotiate binding agreements. The institutional basis for social dialogue can be found in the EC Treaty.

4. Commission decision of 20 May 1998 – 98/500/EC
The sectoral social dialogue committees are established with due regard for the autonomy of the social partners. The social partner organisations must apply jointly to the European Commission in order to take part in a social dialogue at European level. The European organisations representing employers and workers must, when submitting this application, meet a number of criteria: 
relate to specific sectors or categories, and be organised at European level
consist of organisations which are themselves an integral and recognised part of Member State's social partner structures, and have the capacity to negotiate agreements, and which are representative of several Member States
have adequate structures to ensure their effective participation in the work of the committees

5. ESD of the construction industry
2 plenary meetings / year
3 standing WP’s: employment, health and safety and vocational training
Internal rules of procedure
Specific EU-budget line
4 year working program
Autonomous
“The European social partners of the construction industry will seek, when possible, joint agreements on issues and developments which affect the interests on the construction industry”

6. What is Social Dialogue ?
Often: = 2
Sometimes = 3

7. ESD outcomes
POLICY: European social dialogue has resulted in over autonomous 300 joint texts by the European social partners, which are included in a EU-database.
PROJECTS: for instance in the key areas of capacity-building, research, seminars, tools, best practices for social partner organisations.
EU-CONSULTATION: Article 138 embodies the social subsidiarity, for the European social partners are given the right to be consulted on any new social European initiative. For example : flexicurity, labour market reform, future ESD, CSR, …

8. Concrete achievements (1)
Joint reaction on a proposed Directive on seasonal workers from third countries (2009)
Joint declaration on the economic crisis
Joint recommendations and conclusions on self-employment and bogus self-employment in the construction industry (2009)
Joint declaration on paritarian funds (2008)
Joint position of the European Construction Industry's Social Partners on "Posting of workers within the framework of the provisions of services: Maximising its benefits and potential while guaranteeing the protection of workers" COM(2007)304 FINAL)
Joint recommendation on the prevention of occupational stress in the construction sector
Third joint statement of the European Construction Industry’s Social Partners on the European Commission’s Proposal for a Directive on Services in the Internal Market (COM(2004) 002 …

9. Concrete achievements (2)
Joint conference on self-employment and bogus self-employment (London, 4-5 February 2010)
Data base and website on Posting of workers in the construction industry
Joint research on self-employment and bogus self-employment in the construction industry
Conference on promoting paritarian social funds in the construction industry
Tutorship guide …

10. Concrete achievements (3)
EU consultation on stress
Various EU-communications on Posting (till 2007)
EU consultation on the future of the European social dialogue

11. Specific aims and possibilities of the European social dialogue for the new Member states
Promoting social dialogue, social funds, collective agreements, …
Implementation and application of the EU legislation
Exchange of information, know-how and experiences
Providing help and assistance …

12. Concrete case:
On 31 March 2010 the European Commission published it’s Work Programme 2010 (COM(2010) 135 final). In the indicative annex of activities is mentioned:
“Proposal on the implementation of the Posted Workers' Directive
Legislative: “The initiative will aim to improve the implementation of the Posting of Workers Directive. The proposal will clarify the legal obligations for national authorities, businesses and workers on the Directive's implementation and ensure the same rules are universally applicable. Any new legal instrument would improve the provision of information for firms and workers. It would improve cooperation between national authorities, ensure effective enforcement through sanctions and remedial action, and prevent abuse.”

13. Specialized reading Industrial Relations in Europe Report
Every two years the Commission produces a report on Industrial Relations in Europe, which provides an overview of industrial relations developments at European and national level. As well as serving as an information tool, the publication is intended to encourage debate on European industrial relations issues. The report consists of a combination of factual information and both quantitative and qualitative analyses.
The report has been published since 2000, and as of 2004 in English only. An executive summary is available in several Community languages.
European industrial relations observatory (EIRO)
The European Foundation's European industrial relations observatory (EIRO) offers country profiles on industrial relations, regular up-dates on national developments and comparative reports. The country profiles provide an overview of the industrial relations system, main actors, industrial relations processes and outcomes, information sources (bibliography, links).
European Commission
Link :

14. Towards a Single Market Act - For a highly competitive social market economy, 50 proposals for improving our work, business and exchanges with one another Brussels, , COM(2010) 608 final
We must also stress the importance of the role of the social partners, both nationally and at European Union level, where they have an acknowledged role in giving voice to the aspirations of the different sectors of the economy in dialogue that can sometimes lead to Europe-wide agreements.
New life must be breathed into the social dialogue, making it more likely to lead to legislation 'by and for' the social partners, as explicitly provided for by the Lisbon Treaty.

15. Future challenges of our ESD
Organization / structure?
Outcomes / results?
Negotiations?
Participation level?
Impact level: EU and/or national?
ANY IDEAS FROM YOUR SIDE

16. QUESTIONS
and / or
REMARKS ?