Implementation of the European social partners’ Framework Agreement on Work-Related Stress

1. Implementation of the European social partners’ Framework Agreement on Work-Related Stress PRIMA-EF Stakeholder Workshop Berlin, 24 January 2008 Tobias MÜLLENSIEFEN Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

2. Agenda • The context: European social dialogue and autonomous agreements • The implementation process - lessons learned from the telework agreement • Implementation of the stress agreement – results so far? • Conclusions and outlook Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

3. 1. The context: European social dialogue and autonomous agreements Signing of the stress agreement Brussels, 8 October 2004 Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

4. What is social dialogue? • Discussions, consultations, negotiations and joint actions undertaken by the social partner organisations representing the two sides of industry (“management and labour”, i.e. employer and trade union organisations) at European level. Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

5. Aims of European social dialogue • Through social dialogue, social partners: • 1. Influence European social policy • e.g. Art. 138 consultations, joint statements and declarations • 2. Exchange good practice • e.g. Frameworks of action on lifelong learning, on gender equality • 3. Contribute to Social Europe • new rights and obligations for European workers and employers •  social partner agreements, Article 139 Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

6. Article 139 EC Treaty • Article 139 • 1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements. • 2. Agreements concluded at Community level shall be implemented … • either in accordance with the procedures and practices specific to management and labour and the Member States • or, in matters covered by Article 137, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. • … Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

7. Art. 139 agreements • Article 139: • Social partners can conclude agreements • The difference is not in content, but in way of implementation: •   Council decision (Directive) – obligation on Member States to transpose « Autonomous » route – obligation on (national) social partners to implement Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

8. Agreements implemented by Directive (only cross-industry) • Framework agreement on parental leave, 1995 • Framework agreement on part-time work, 1997 • Framework agreement on fixed-term work, 1999 •  Council Directive 1999/70/EC of 28 June 1999 •  integrated into national legislation • Social partner agreements annexed to Directives, treated as other Directives – role of Member States, Commission and European Court of Justice Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

9. Autonomous agreements • Agreement on telework, 2002 • implementation phase until 2005 • implementation report 2006 • Agreement on work-related stress, 2004 • implementation phase until 2007 • implementation report due in 2008 • Agreement on harassment and violence at work, 2007 • implementation phase until 2010 Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

10. Autonomous agreements (2) • Provisions for implementation and follow-up : • (Art. 7 of Stress Agreement) • In the context of article 139 of the Treaty, this voluntary European framework agreement commits the members of UNICE/UEAPME, CEEP and ETUC (and the liaison committee EUROCADRES/CEC) to implement it in accordance with the procedures and practices specific to management and labour in the Member States and in the countries of the European Economic Area. • The signatory parties also invite their member organisations in candidate countries to implement this agreement. • The implementation of this agreement will be carried out within three years after the date of signature of this agreement. • Member organisations will report on the implementation of this agreement to the Social Dialogue Committee. During the first three years after the date of signature of this agreement, the Social Dialogue Committee will prepare a yearly table summarising the on-going implementation of the agreement. A full report on the implementation actions taken will be prepared by the Social Dialogue Committee during the fourth year. Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

11. Autonomous agreements (3) • Actors in implementation: Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

12. 2. The implementation process - lessons from the telework agreement Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

13. Different implementation methods • Implementation report by social partners in June 2006 (based on national reports from 21 EU MS, NO and IS ): • Collective agreements, e.g. FR, IT, BE, GR, DK • Agreements with recommendations to lower bargaining levels, e.g. ES, FI, NL • Legislation, e.g. PL, HU, CZ, PT • Guidelines / Codes of Practice, e.g. UK, IE, AT, NO Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

14. (Preliminary) Conclusion • New instrument (sui generis) – first-time experience • Encouraging results in many countries (ex. PL) • Not a perfect system (but even directives are not perfect) • Time is needed before drawing conclusions – ongoing learning process Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

15. 3. Implementation of the stress agreement – results so far? Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

16. What to expect from the Stress Agreement? • Starting position: • Experience from telework agreement – same status, same responsibilities • Particular nature of stress agreement: • not a « legal » text – different from TW agreement • rather practical approach to tackle stress at the workplace (« common sense ») Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

17. What to expect from the Stress Agreement? (2) • Aims of the agreement (Art. 2): • to increase the awareness and understanding of employers, workers and their representatives of work-related stress, draw their attention to signs that could indicate problems of work-related stress • to provide employers and workers with a framework to identify and prevent or manage problems of work-related stress Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

18. What to expect from the Stress Agreement? (3) • Steps to take: • Translate agreement (jointly agreed) • Dissemination and information • Discuss between national social partners on what to achieve and how • Develop actual implementation instrument (should be adapted to national industrial relations system) • Deadline: October 2007! • Implementation report due in 2008 Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

19. Results so far • June 2007 progress table – overview (examples): • Austria: joint guidelines of social partners • Czech Republic: amended Labour Code, art. 102 • Finland: recommendation by social partners to lower levels • France: discussions / negotiations under way • Iceland: specific collective agreement 7June 2007 • Italy: no progress in negotiations • Latvia: social partner agreement 12 April 2006 • Netherlands: update of earlier joint declaration and brochure (« Druk werk? ») • Romania: Collective Agreement for 2007-2010, chapter 3, art. 37 • Sweden: joint opinion with recommendations to sectoral collective bargaining • Denmark, Belgium, Norway: social partners considers that framework (legal or conventional) in place is sufficient Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

20. Example: UK • Agreed by TUC, CBI, CEEP UK and FPB • Recalls relevant legislation • Supported by government (DTI, now BERR) • Involvement of Health and Satefy Executive (HSE) • Links to useful tools (HSE Management Standards, TUC stress risk assessment tool) Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

21. Example: Spain • Annual framework agreement for collective bargaining, signed by CEOE, CEPYME, UGT, CC.OO. • Addressed to negotiators at sectoral and company level • Encouragement to adapt the agreement in the context of the Spanish labour market • Spanish translation of European agreement in annex Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

22. Example: Poland • Successful premiere of telework agreement (2006) – astonishing evolution • Joint project co-financed by EU (2007), run by NSZZ Solidarnosc • Dissemination and translation • 3 training sessions about work-related stress (Febr-April) • Conference with all other major social partners (OPZZ, FZZ, PKPP Lewiatan, KPP, ZRP) and with input from other countries (June) • Follow-up workshop to prepare negotiations (Sept): statement of intent • Negotiations ongoing – no news yet Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

23. 4. Conclusions and Outlook • High level of ownership (translation, dissemination etc.) • Mostly « soft » tools (guidelines, recommendations, brochures, etc) • Few binding instruments – due to « soft » content? • Difficult to regulate a psycho-social phenomenon like stress at work • Limited added-value of EU instrument, but renewed social partner commitment to tackle work-related stress • More « hard » implementation can be expected on the next autonomous agreement – harassment and violence. Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1

24. Thank you for your attention! • More information about European social dialogue: • www.ec.europa.eu/socialdialogue Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1