IP FLEXEM TER

1. IP FLEXEM TER OULU FINLAND 2007

2. THIS HAPPENS WHEN THERE IS NO SOCIAL DIALOGUE !

3. Flexibility of the Social Dialogue Elisabeth Büttner, Germany Gabriele Gamberini, Italy Elvira Kasteel, The Netherlands Sandra Melús Cunquero, Spain Dainius Navickas, Lithuania Alessandro Nepi, Italy Ernestas Rigertas, Lithuania Bianca Rotthier-Willems, Belgium

4. Table of contents General Introduction Legal differences European framework Constitutions Legislation

5. Sociological data and figures Structure of trade unions Wage-setting Differences between men and women Consequences of the actual situation Recommondations

6. Introduction to the Social Dialogue: A Definition “Negotiation, consultation or simply exchange of information among representatives of governments, employers and workers” • EU Level • State Level • Plant Level

7. Normative sources of the Social Dialogue European framework (Art. 136, 137, 138, 139 of the Treaty; Art. 27, 28 of Nice Charter) Constitutions Legislation

8. European Framework • Art. 136: Social Dialogue as an objective • Art. 137: Implementation of directives to the social partners’ • Art. 138: Social partners’ role at the EU level • Art. 139: Collective bargaining at the EU level • Art. 27, 28 Charter of Nice : Fundamental Rights

9. Constitutions • Principle of freedom of collective bargaining • Trade union freedom • No mention in the Netherlands’ system

10. Legislation Sources of regulation of social dialogue: • Laws and collective labour agreements (Belgium, Italy, Finland) • Laws only (Germany, Spain, Lithuania and The Netherlands) Bargaining hierarchy implemented; • but in some countries (i.e. Germany) it may depend on practice of opening clauses

11. Different system of representation: • Single channel (Germany, Italy, Lithuania, Finland) • Dual channel (Belgium, Spain, The Netherlands)

12. General body of representation: • Belgium: workers and management • Other countries: workers only

13. Conditions of establishing a trade union: • No restrictions for small companies • Avoiding inadequate representation (so called ”yellow trade unions”) Criteria to decide which trade union should represent workers

14. Membership of trade unions • Differences in representation • Differences between age, gender, sector and occupation • Loss of power for trade unions due to the shifting from sector level to company level

15. Industrial Relations in Europe 2006

16. Industrial Relations in Europe 2006

17. Industrial Relations in Europe 2006

18. Industrial Relations in Europe 2006

19. Industrial Relations in Europe 2006

20. Industrial Relations in Europe 2006

21. Structure of trade unions • are organised on: - sector base - occupational base ● countries are organized: - a dominant trade union - a few dominant trade unions

22. Consequences of the actual situation Close link between implementation and historical development Depending on strength of legal structures - low - high Power and influence of trade unions – sufficient impact? Loss of competitiveness?

23. Increase of collective bargaining on plant level - specifying on local needs • Flexibility of the local level - depends on different backgrounds - freedom to adapt superordinated collective agreements

24. Conclusions Proposals • Stop the trend of declining membership number of trade unions • Improve the information flow between different levels • Framework

25. ASSIMILIATED BUT NOT UNIFORM SYSTEM!!! • Generally binding agreements • German system of „opening-clauses“ • Clear separation of competences between work council and trade unions

26. Assimiliated system of European Social Dialogue

27. Thank you for your support!! • Ricardo Del Punta • Guido Boni • Rytis Krasauskas

28. Thank you for your attention! Are there any questions?