1. 1 EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin European Social Dialogue in Tourism Kerstin HOWALD EFFAT Tourism Sector Secretary

2. 2 Legal basis 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. 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

3. 3 Understanding the mechanisms of Articles 138 & 139 Legislative process CouncilCommissionSocial Partners Agreement implemented by a Decision LEGISLATION COLLECTIVE AGREEMENT No negotiation or failure Autonomous agreement Extension procedure Consultation Opinions Negotiation

4. 4 European social partners Cross-sectoral industry organisations UNICE, CEEP, UEAPME & Cross-sectoral trade union organisations ETUC, CEC, Eurocadres Sectoral employers’ associations COPA, HOTREC, FERCO, CEFS … & Sectoral trade union federations EFFAT, UNI-Europa, ETF … Capacity to act in a voluntary way Being composed of national organisations recognised as social partners “representativity” Adequate structures

5. 5 What forms does the European Social Dialogue take? Interprofessional social dialogue Sectoral social dialogue committees TRIPARTITE BIPARTITE EWC Transnational agreements Tripartite Social Summit Macroeconomic dialogue Cross-industrySectoralCompany

6. 6 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 agencies Telecom Sea transport Road transport Railways Private security Postal services Personal services Local government 1 Cross-industry social dialogue committee

7. 7

8. 8 Possible outcomes of social dialogue 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 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 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 SDA on Crystalline Silica, 2006 250 texts 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) 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

9. 9 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 5 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 Social Dialogue Agreement on Crystalline Silica, 2006 Harassment and violence at work, 2007 Implementation reports by social partners

10. 10 EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin Standards agreed at European level = minimum standards Non-regression clause: existing better provisions in Member States continue to prevail !!!

11. 11 EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin EFFAT activities in social dialogue in tourism (1) Social Dialogue Committee for the hotel and restaurant sector EFFAT - HOTREC: Joint declaration on EU enlargement, 2002 Initiative for improving Corporate Social Responsibility (CSR) in the hospitality sector, 2004 European Qualification Passport, 2007/2008

12. 12 EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin EFFAT activities in social dialogue in tourism (2) Social Dialogue Committee for the contract catering sector EFFAT - FERCO: Agreement on vocational training in the European contract catering sector, 1999 Joint declaration in favour of higher food safety and hygiene standards and their proper implementation, 2000 Guide to the economically most advantageous offer in contract catering, 2006 Agreement on Corporate Social Responsibility (CSR) in the Contract Catering sector

13. 13 ≈ 2000 companies covered by EWC Directive with 16 million workers ≈ 10% of all workers in the European Union ≈ 800 EWCs set up ± 10 million workers are actually represented in an EWC 99 EWCs in EFFAT sectors (food and hospitality/tourism) Source: ETUI-REHS EWC Database/EFFAT European Works Councils

14. 14 EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin European Works Councils in Tourism Hotels CateringFast Food Accor Aramark *Autogrill Hilton CompassCarestel Radisson SAS SodexhoMcDonald’s * Starwood/Sheraton EliorYumm! * Club Méditerrannée Gate Gourmet Steigenberger LSG SkyChefs InterContinental * (?) Corinthia Hotels (nego) Tour Operators TUI Thomas Cook My Travel

15. 15 EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 19-23 February 2007, Turin EWCs – beyond information and consultation EFFAT policy on EWC: EWC coordinators max. trade union involvement (members, coordination, experts) integration new Member States consultation! gender equality Accor: Agreement on Trade Union Rights Club Méditerranée: Joint declaration on subcontracting Agreement on workers’ rights and mobility Sodexho: Annual reporting on social situation