1. IP FLEXEM TER
OULU
FINLAND
2007

2. THIS HAPPENS WHEN THERE IS NO SOCIAL DIALOGUE !

3. Flexibility of the Social Dialogue
Elisabeth Büttner, Germany
Gabriele Gamberini, Italy
Elvira Kasteel, The Netherlands
Sandra Melús Cunquero, Spain
Dainius Navickas, Lithuania
Alessandro Nepi, Italy
Ernestas Rigertas, Lithuania
Bianca Rotthier-Willems, Belgium

4. Table of contents Legal differences Constitutions Legislation
General Introduction
Legal differences
European framework
Constitutions
Legislation

5. Sociological data and figures
Structure of trade unions
Wage-setting
Differences between men and women
Consequences of the actual situation
Recommondations

6. Introduction to the Social Dialogue: A Definition
“Negotiation, consultation or simply exchange of information among representatives of governments, employers and workers”
EU Level
State Level
Plant Level

7. Normative sources of the Social Dialogue
European framework (Art. 136, 137, 138, 139 of the Treaty; Art. 27, 28 of Nice Charter)
Constitutions
Legislation

8. European Framework Art. 136: Social Dialogue as an objective
Art. 137: Implementation of directives to the social partners’
Art. 138: Social partners’ role at the EU level
Art. 139: Collective bargaining at the EU level
Art. 27, 28 Charter of Nice : Fundamental Rights

9. Constitutions Principle of freedom of collective bargaining
Trade union freedom
No mention in the Netherlands’ system

10. Legislation Sources of regulation of social dialogue:
Laws and collective labour agreements (Belgium, Italy, Finland)
Laws only (Germany, Spain, Lithuania and The Netherlands)
Bargaining hierarchy implemented;
but in some countries (i.e. Germany) it may depend on practice of opening clauses

11. Different system of representation:
Single channel (Germany, Italy, Lithuania, Finland)
Dual channel (Belgium, Spain, The Netherlands)

12. General body of representation:
Belgium: workers and management
Other countries: workers only

13. Conditions of establishing a trade union:
No restrictions for small companies
Avoiding inadequate representation (so called ”yellow trade unions”)
Criteria to decide which trade union should represent workers

14. Membership of trade unions
Differences in representation
Differences between age, gender, sector and occupation
Loss of power for trade unions due to the shifting from sector level to company level

15. Industrial Relations in Europe 2006

16. Industrial Relations in Europe 2006

17. Industrial Relations in Europe 2006

18. Industrial Relations in Europe 2006

19. Industrial Relations in Europe 2006

20. Industrial Relations in Europe 2006

21. Structure of trade unions
are organised on:
- sector base
- occupational base
● countries are organized :
- a dominant trade union
- a few dominant trade unions

22. Consequences of the actual situation
Close link between implementation and historical development
Depending on strength of legal structures
- low
- high
Power and influence of trade unions – sufficient impact?
Loss of competitiveness?

23. Increase of collective bargaining on plant level
- specifying on local needs
Flexibility of the local level
- depends on different
backgrounds
- freedom to adapt
superordinated collective
agreements

24. Conclusions Proposals
Stop the trend of declining membership number of trade unions
Improve the information flow between different levels
Framework

25. ASSIMILIATED BUT NOT UNIFORM SYSTEM!!!
Generally binding agreements
German system of „opening-clauses“
Clear separation of competences between work council and trade unions

26. Assimiliated system of European Social Dialogue

27. Thank you for your support!!
Ricardo Del Punta
Guido Boni
Rytis Krasauskas

28. Thank you for your attention!
Are there any questions?