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Industrial Relations
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Social Policy Agenda Open Method of Coordination Employment Social protection European Social Funds European Social Dialogue Legislation Mobility - Gender equality Working conditions - Health and Safety
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What place for social dialogue at European level ? A Strong institutional recognition 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. ART 139 of the Treaty The Community level dialogue between the social partners can lead, if they wish it, to collective bargaining, including agreements. Barcelona European Council The European social model is founded on a healthy economy, a high level of social protection, education and social dialogue. Constitution Article I - 48
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Understanding Art. 138 & 139 Legislative process Council Commission Social Partners Agreement implemented by a Decision LEGISLATION NATIONAL PROCEDURES & PRACTICES No negotiation or failure Autonomous Agreement – to be implemented by social partners Extension procedure Consultation Opinions Negotiation
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European social partners General cross-industry organisation & Cross-industry organisations representing certain categories of workers or undertakings ETUC, UNICE, CEEP, UEAPME, CEC, Eurocadres Sectoral organisations representing employers EUROCOMMERCE, AEA, POSTEUROP, COPA, HOTREC, FBE,... & European trade union organisations UNI-Europa, EPSU, EFFAT, EMF... Specific organisations Eurochambres European Capacity to act in a voluntary way Being composed by national organisations recognised as social partners Adequate structures
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What forms does the European Social Dialogue take? “Val Duchesse” Social Dialogue Sectoral social dialogue committees TRIPARTITE BIPARTITE EWC Transnational agreements Tripartite Social Summit Macroeconomic dialogue Dialogue on education Dialogue on employment Cross industrySectoralCompany Autonomous
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Social dialogue - a key element of governance 1. European Works Councils 2. Reconciling work and family life 3. Adaptation of the burden of proof 4. Working time flexibility and workers’ security 5. Prevention of sexual harassment 6. Worker information and consultation 7. Protecting workers against employers’ insolvency 8. Modernisation of employment relations 9. Exposure to asbestos at work 10. Economically dependent workers 11. Data protection 12. Corporate restructuring 13. Supplementary pensions 14. Stress at work 15. Carcinogen substances 16. Revision of the working time directive 17. Revision of EWC directive 18. Musculoskeletal disorders 19. Violence at the workplace 1. European Works Councils 2. Reconciling work and family life 3. Adaptation of the burden of proof 4. Working time flexibility and workers’ security 5. Prevention of sexual harassment 6. Worker information and consultation 7. Protecting workers against employers’ insolvency 8. Modernisation of employment relations 9. Exposure to asbestos at work 10. Economically dependent workers 11. Data protection 12. Corporate restructuring 13. Supplementary pensions 14. Stress at work 15. Carcinogen substances 16. Revision of the working time directive 17. Revision of EWC directive 18. Musculoskeletal disorders 19. Violence at the workplace Directives European Work Councils Burden of proof Working Information and consultation Sexual harassment Insolvency Asbestos Data protection Working time Directives European Work Councils Burden of proof Working Information and consultation Sexual harassment Insolvency Asbestos Data protection Working time Negotiated agreements Parental leave Part-time work Fixed-term contracts Telework Stress at work Violence Negotiated agreements Parental leave Part-time work Fixed-term contracts Telework Stress at work Violence In progress Carcinogen substances Muskuloskeletal disorders
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33 (+4) Sectoral social dialogue committees Mines Sea fishing Agriculture Gas (*) Automobile (*) Non ferrous metal (*) Steel Chemical Woodworking Textile/clothing Tanning/leather Sugar Shipbuilding Furniture Footwear Electricity Construction Catering (*) Hospitals Life performance Insurance Inland Navigation Industrial cleaning Horeca Commerce Civil aviation Banking Audiovisual Temporary work Telecom Sea transport Road transport Railways Private security Postal services Personal services Local governement 1 Cross industry social dialogue committee
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Social dialogue committee - Process 1. Representativeness and capacity 2. Joint request 1. Representativeness and capacity 2. Joint request 3. Representativeness Test (membership, mandate, structures) 3. Representativeness Test (membership, mandate, structures) Social Partners Commission
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SDC – How it works Social dialogue table Com Decide on the rules of procedure of their dialogue (Objectives, Preparation, Presidency…) Decide on the level and rhythm of their dialogue (Number and type of meetings) Decide on the content of their dialogue (Agenda of the meetings) Decide on the outcome of their dialogue The social partners "Autonomy and responsibility"
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Social dialogue outcomes Agreements establishing standards Article 139.2 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
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6 Agreements establishing minimum standards implemented by Council decision Framework agreement on parental leave, 1995 Framework agreement on part- time work, 1997 European agreement on the organisation of working time of seafarers, 1998 Framework agreement on fixed- term work, 1999 European agreement on the organisation of working time of mobile workers in civil aviation, 2000 Agreement on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services, 2005 3 Agreements establishing minimum standards implemented by the procedures and practices specific to management and labour and the Member States 'autonomous' agreements Framework agreement on telework, 2002 Agreement on the European licence for drivers carrying out a cross-border interoperability service, 2004 Agreement on Stress at work, 2004 Agreement on Agreement on Workers Health Protection through the Good Handling and Use of Crystalline Silica and Products containing it 2006
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Frameworks of action - working towards common priorities Framework of actions on the lifelong development of competencies and qualifications, 2002 Framework of actions on Gender equality (2005) Framework of action on TMS (agriculture- 2005)
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Guidelines, codes of conduct - establishing standards or principles Guidelines on telework in telecommunications, 2001 Agreement on guidelines on telework in commerce, 2001 Code of conduct – Guidelines for European hairdressers, 2001 Voluntary guidelines supporting age diversity in commerce, 2002 Joint declaration on lifelong learning in the banking sector, 2002 European agreement on vocational training in agriculture, 2002 Code of conduct on CSR in the European sugar industry, 2003 Code of conduct and ethics for the private security sector, 2003 Code of conduct for the European textile/clothing sector, 1997
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Autonomous Social Dialogue Agreement on Workers Health Protection through the Good Handling and Use of Crystalline Silica and Products Containing it - 25 April 2006 - 14 Sectors Aggregates, Cement, Ceramics, Foundry, Glass fibre, Special Glass, Container Glass & Flat Glass, Industrial Minerals, Mineral Wool, Mines, Mortar, Natural Stones and Pre-cast Concrete i.e. more than 2 million Employees and a business exceeding € 250 billion The Agreement aims at: protecting the health of Employees minimizing exposure to CS by applying the Good Practices increasing knowledge about potential health effects of CS and about Good Practices Application of the Agreement & “Good Practices” Obligations: Training - Dust monitoring - Health Surveillance - Cooperation to increase knowledge Monitoring Application at site level through indicators - Reduction of failures Biennial Reporting to a bipartite Council Summary Report published by the Council
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Implementation reports 2006 2007 2008 October 2006 : Report on the implementation of the autonomous Agreement on Telework January 2007 : Report on the follow-up of the Framework for action on equality of chances Report on the implementation of the autonomous Agreement on Stress First report on the implementation of the autonomous Agreement on Crystalline Silica
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ROLES of actors Information Dissemination European social partners European social partners National social partners National social partners Commission Member States Financial support Implementation reports Transposition Follow-up reports Implementation reports Reference in national texts Integration in national texts Follow-up Financial support Monitoring Financial support Facilitation Opinions Declarations Opinions Declarations AGREEMENTS implemented by Council decision AGREEMENTS implemented by Council decision Frameworks of action Guidelines Codes of conduct Policy orientations Frameworks of action Guidelines Codes of conduct Policy orientations AGREEMENTS implemented according to own procedures AGREEMENTS implemented according to own procedures Consultation on implementation reports
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2007 DG EMPL initiatives Quarter I Quarter II Quarter III Quarter IV Consultation 2d phase on musculoskeletal disorders Consultation 2d phase on carcinogens (Art 138) Health and Safety at Work Strategy 2007-2012 (Communication) Communication « Stocktaking of the social reality » COM(2007)63 Consultation 2d phase on reconciliation of work, private and family life Communication on flexicurity Consultation 2d phase on the prevention of needle stick injuries Communication on transnational collective agreements Communication on Gender pay gap Communication on the follow-up of the Green Paper on labour law Consultation 2d phase on integration of excluded persons Communication on social services of general interest Communication on mid term review of the implementation of the Social Agenda
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2007 Social Partners Work Programmes CSR H&S Labour Market Flexicurity Capacity building New Member States Management of Change Restructuring - Globalisation Training - Qualification - Mobility Steel – Evolution of training needs Horeca – Qualiffications – passport Shipbuilding – Qualification transparency Chemistry – Quality of Education Gas – effects of the liberalisation Railways – Joint study Post – Future of the sector Local Gvt – Strengthening SD in NMS Textiles – Capacity building Audiovisual – Integration of NMS Commerce – Youth employment Inland Navig. – Working time Hospitals – Ageing Cleaning Industry. – Day time work Steel – Exchange of best practices Commerce – Vilolence Agriculture – Implementation MSD Hair dressers – Cosmetic directive Leather and tanning – CSR Reporting
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Prerequisites to participate to the European social dialogue Freedom to associate or not Freedom to negotiate Ability to sign agreements Capacity to implement European social dialogue agreements through national collective bargaining Right to be consulted on any matter linked to social policies and working conditions
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Prerequisites to participate to the European social dialogue Sectoral and cross sectoral dimension Corporate dimension Bipartite dimension Autonomy of social partners Representativeness of social partners Administrative capacity Reliable statistics concerning trade union membership/collective agreements coverage, etc …
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More information… EUROPA website for social dialogue http://europa.eu.int/comm/employment_social/social_dialogue/ Report "Industrial Relations in Europe 2004"
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