1. Session 2 The actual implementation of the EU Framework agreement in the different countries/sectors Stefan Clauwaert ETUC NETLEX Coordinator/ETUI-REHS Senior Researcher ETUC Project Final Conference Prague 21-22 September 2006

2. ETUC Project Implementation WRS agreement Sources: –Implementation fiches of affiliates –Joint implementation report SDC 28/06/2006 –Reports 3 regional meetings project Riga/ Budapest/Brussels –Other input by affiliates

3. ETUC Project Implementation WRS agreement General: –Only few countries described the “practices and procedures specific to management and labour and member states” (Art. 139 §2) Collective bargaining: BE, FR, ES, SW Law: CZ (as basis for more favourable CA) Tripartite Council: LT No real specific procedure but changes to law most logic: EE Problem in identifying the “specific procedure”: SK –Is nevertheless crucial information!!!

4. ETUC Project Implementation WRS agreement Implementation via Collective Bargaining: National level BE: interprof CA n° 72 of 30/3/1999 (extended by RD of 21/6/1999) ES: EU text annexed to ANC 2005 (recommendation for lower level CB- no results yet) SE: national CA for local/regions authorities (04/2005) FR: negotiations on “penabilité au travail” – include WRS – negotiations failed Initiatives started/foreseen: –BG: proposal to national council “Conditions at work” to elaborate “Common strategy/decision/proposal” –SLO: via national tripartite council – Working group Oct 2005- draft CA prepared by ZSSS – refused by employers –RO: start negotiations on National CA 2007 – September 2007 –CY: invitations send to employers – no reaction so far –FI: negotiations started February 2006 – no final result yet –Iceland: started and end result was hoped to be reached by end June 2006 – result?

5. ETUC Project Implementation WRS agreement Implementation via Collective Bargaining: sectoral/regional level –DK: CA for state sector authorities (spring 2005) –DK: CA for local and regional authorities (spring 2005) – further negotiations foreseen to start in October 2007 –ES: No real results yet as follow up to ANC 2005; several CA’s dealing with WRS but not really “triggered by EU agreement”: National wide sectoral CA telemarketing (2004-2006) National wide sectoral CA chemical sector (2004-2006) Provincial CA for hotel sector in Tenerife (2005-2008) Provincial CA for casinos in Allicante (2006-2009) –MT: foreseen for next CB round as current CA’s are valid until 2007

6. ETUC Project Implementation WRS agreement Implementation via Collective Bargaining: enterprise level –DE: most likely level; as H&S aspects are tradionally not settle via CA’s on higher levels –AT: main objective is to get it implemented on this level –ES: Codorniu – Sant Sadurni; but not directly triggered by EU agreement

7. ETUC Project Implementation WRS agreement Implementation via Legislation: –Existing: BG: Act on Health and Safety Working Conditions 1997 MT: Act XXVII of 2000 PT: Constitution, Penal Code, Labour Code (art. 18 & 24) NO: Working Environment Act covers “most” aspects of EU agreement; considered as satisfactory basis

8. ETUC Project Implementation WRS agreement Implementation via Legislation: –New legislation: CZ: new Labour Code of 21/04/2006 via Law 262/0226 Coll., Chapter I article 102 (in force as from 1/1/2007) SK: partial implementation via –New Law OHS nr 124/2006 Z.z. –New Health Law nr 126/2006 Z.z. –Partially also via amendments to Labour Code SLO: proposals for amendments by ZSSS to regulate criteria for OHS services licences for risk assessments on WRS – no reaction yet EE: proposed amendments to Occupational H&S Act – adding WRS to list of health risk factors – refuses under pretext that it was already covered

9. ETUC Project Implementation WRS agreement Implementation via Legislation: –Needed: BE for public sector –Hoped for: PT: use revision of national list of occupational health illnesses to add WRS RO: amendments to H & S law –Problem: SW: Swedish Work Environment Authority uses EU agreement as argument for not issuing new provisions on social and psychological conditions at work – Serious set back for trade unions

10. ETUC Project Implementation WRS agreement Other forms/instruments of implementation: –BE: as national CA was not really used in practice; brochure of National Labour Council on how to use in practice –SLO: proposal to national economic council to translate Copenhagen Questionnaire into Slovenian –MT: joint interprofessional Declaration of Commitment –NL: update of national Declaration on WRS in line with EU agreement –SW: joint interprofessional agreements both for private (16/6/2005) and public sector (spring 2006) including translation of EU agreement and recommendations to lower CB levels to use it as guideline

11. ETUC Project Implementation WRS agreement Other forms/instruments of implementation (continued): –IRE: changes foreseen to Code of Practice –LV: interprofessional agreement LBAS/LDDK prescribing next steps in implementation –UK: interprofessional guide by CBI, CEEP UK, Forum of Private Business and TUC in cooperation with governmental agencies such as Health and Safety Executive and DTI –AT: joint interprofessional guidelines – near adoption These will also be signed up to by Austrian Chamber of Agriculture to make them applicable in concerned sector –EU sectoral social dialogue: Electricity: Joint Declaration Eurelectric/EPSU/EMCEF (15/12/2004) Construction: Joint Statement FIEC/EFBWW (10/06/2006) Cleaning: at SDC of October 2004 commitment to do annual review on implementation

12. ETUC Project Implementation WRS agreement BUT…: problems identified –BE: no real minutes of EU social dialogue negotiations available as well as no joint interpretation guide –Several countries: no real interest by employers; are afraid of the costs! –SLO: Fear of employers that WRS will be put on list of occupational illnesses – damage claims by workers No OHS services with adequate know how on WRS –Several countries: most companies are SME’s –Several countries: no decently functioning SD mechanisms