Social Dialogue and Social Partners in the EU

1. Social Dialogue andSocial Partnersin the EU Christoph Lechner Co-President 9th meeting of JCC EU- Croatia 21th June 2011, Brussels EESC

2. Contents • Presentation - Social Dialogue in Austria • Development of Social Dialogue in the EU • Definition of Social Dialogue (SD) • SD in the Lisbon Treaty • European bodies for SD • Main topics in social policy for SD • Workplace SD • EESC promotes and strengthens SD • Strategy Europe 2020

3. Presentation – Social Dialogue in Austria Development in Austria: • After 1918 work councils and Chambers of Labour were legally established in Austria, • After 1945 SD was one of the foundations of the 2nd Austrian Republic, • Since 2008 the social partners have been established in the Constitution, • At present, the social partners are involved legally in all topics of EU policy in Austria and almost in all national topics, which are of interest to social partners.

4. Development of Social Dialogue in EU • SD was already one of the corner stones at the time of the EU foundation (EEC) in 1957, • In the 70s some important social regulations were established, • In the 80s the former President of the European Commission, Jacques Delors, initiated a comprehensive participation of social partners at EU-level, • In the 90s and up to the Lisbon Treaty 2009 the SD and the participation of social partners at EU level were built up.

5. Definition of Social Dialogue The term ‘social dialogue’ in the EU is used in different ways: 1. European social dialogue (tripartite dialogue): Institutionalised consultation procedures between the EU (Council, Commission and European Parliament) and the European social partners, the two sides of the economy (employers and employees), specially about social policy, employment affairs and industrial relations. It refers to discussions, consultations, negotiations and joint actions. 2. Processes between social partners (bipartite dialogue): at European, national, sectoral, local and company level of industrial relations.

6. Social Dialogue in the Lisbon Treaty (1) SD has legal grounds in theLisbon Treaty: • “The EU recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy” ( Art. 152 TFEU) • “The EU is based on ... a highly competitive social market economy, aiming at full employment and social progress, ... It shall promote economic, social and territorial cohesion, and solidarity among Member States.” (Art.3 TEU)

7. Social Dialogue in Lisbon Treaty (2) EU-Commission promotes the social partners (Art 154 f): • It has to promote the consultation of management and labour; facilitate their dialogue by supporting the parties. • Before submitting proposals in the social policy field, the Commission shall consult management and labour. • After consultation, the Commission has to consult management and labour on the content of the envisaged proposal. Management and labour can forward an opinion or recommendation. • Dialogue between management and labour at Union level may lead to contractual relations, including agreements. • Implementation either in specific matters of the Member States or by a Council decision on a proposal from the Commission.

8. Tripartite Social Summit for Growth and Employment: • Consists of the Council Presidency and the two subsequent Presidencies, the European Commission and the social partners represented at the highest level. • It shall contribute to SD. • 4 fields: • macro-economic issues; • employment issues; • social protection issues; • education and training issues.

9. Committee for Employment • monitors the employment situation and employment policies in the Member States and the Union, • formulates opinions at the request of either the Council or the Commission or on its own initiative, and contributes to the preparation of the EU Council proceedings, • consults management and labour, • Each Member State and the Commission shall appoint two members of the Committee.

10. Committee for Social Protection • monitors the social situation and the development of social protection policies in the Member States and the Union, • promotes exchanges of information, experience and good practice between Member States and with the Commission, • prepares reports, formulates opinions or undertakes other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. • establishes appropriate contacts with management and labour. • each Member State and the Commission shall appoint two members of the Committee.

11. Main topics in social policy for SD (1) EU and MS’s objectives: • promotion of employment, • improving living and working conditions, • proper social protection, • dialogue between management and labour, • development of human resources for lasting high employment and combating of exclusion (Art.151 TFEU). • representation and collective defence of the interests of workers and employers, including co‑determination with exclusions (Art.153TFEU) • Combat social exclusion and discrimination, promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child (Art.3 TEU)

12. Main topics in social policy for SD (2) Charter of Fundamental Rights of the European Union (Art.27 ff) (It has the same legal value as the Treaties (Art.6 TEU): • Workers' right to information and consultation within the undertaking • Right of collective bargaining and action • Right of access to placement services • Protection in the event of unjustified dismissal • Fair and just working conditions • Prohibition of child labour and protection of young people at work • Reconcile family and professional life • Social security and social assistance • Health care

13. Workplace Social Dialogue (European Company Survey 2009 with 27,000 public and private establishments across Europe) • Almost four out of ten companies (37%) in the survey reported an institutional form of employee representation, which covers more than 60% of the employees, • More than two out of three workers in the EU are covered by a collective pay agreement: in the total economy, the figure is 69%, while it stands at 67% in the private sector alone, • Employee representatives in Europe seem to be generally satisfied that a rather good cooperative culture of interaction exists between them and the management of establishments, • European management is, in general, rather positive about the effect of social dialogue and employee representation at the workplace, • Some 80% of the interviewed representatives claim that the employees support their work.

14. European Economic and Social Committee • The Committee shall be consulted by the European Parliament, by the Council or by the Commission where the Treaties so provide. The Committee may be consulted by these institutions in all cases in which they consider it appropriate. • It may issue an opinion on its own initiative in cases in which it considers such action appropriate. • The opinion of the Committee, together with a record of the proceedings, shall be forwarded to the European Parliament, to the Council and to the Commission.

15. EESC promotes Social Dialogue It is a consultative body that can contribute to facilitate, through consensus, the positions put forward by social partners in the European SD sets out and expresses, on a consensual basis, the opinion of EU civil society on the laws, policies and guidelines produced by the EU and on the economic, social and cultural challenges facing European society; provides a bond of European identity, a link between the social fabric of each Member State and the European institutions and, vice versa, conveys European policies to national civil society; Interacts with the European-level organisations and confederations representing business, the unions, farming, the social economy is a vehicle for bringing together organisations from European civil society and those from other parts of the world and for sharing the experience of the European social model with them.

16. EESC strengthens Social Dialogue “A Programme for Europe: proposals of civil society” • Social Dialogue since the 1970s, in which the European Economic and Social Committee has been closely involved, has proven, through its achievements, the relevance of forms of governance based on participation in a modern democratic system. • Given their role in social dialogue, consider the social partners as key players and partners for the EU, fully involved in the process of political dialogue • Promotes structured dialogue between social interlocutors and organisations of the European Union and third countries and regions. • Strengthened social dialogue is needed to overcome the crisis and to mitigate the economic and social fallout on ordinary citizens.

17. Strategy Europe 2020Guidelines for the employment policies of the Member States • Member States should step up social dialogue and tackle labour market segmentation with measures addressing temporary and precarious employment, underemployment and undeclared work (Gl 7). • In cooperation with social partners and business, Member States should improve access to, and career guidance combined with systematic information on new job openings and opportunities, promotion of entrepreneurship and enhanced anticipation of skill needs (Gl 8).

18. Thank you very much for your attention!Hvala ! Dr. Christoph Lechner, Co-President of Joint Consultative Committee EU-Croatia of EESC Member of the EESC, Group Employees christoph.lechner@eesc.europa.eu Head of the Department for Constitutional Law and for General and International Social Policy, Lower Austrian Chamber of Workers and Employees Austria, 1060 Vienna, Windmühlgasse 257 christoph.lechner@aknoe.at