European Social Dialogue Challenges & Achievements Kerstin HOWALD, EFFAT

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1 European Social Dialogue Challenges & Achievements Kerstin HOWALD, EFFAT ILO Seminar Strengthening sectoral social dialogue in New Member States and Candidate Countries of the EU in EFFAT and EMCEF sectors Bucharest, July

2 What is EFFAT? European Federation of Trade Unions in the sectors agriculture food, beverages and tobacco hotels, restaurants, catering and tourism FROM FARM TO FORK = the entire food chain regional organisation of IUF and member of ETUC 125 national affiliates in 37 European countries representing interests of all workers in agriculture, food and tourism and of 2.6 million trade union members in these sectors officially recognised European social partner more than 100 EWCs 2

3 EU employment and social policy Treaty on the Functioning of the European Union (TFEU), Article 9: In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. 3

4 European Social Dialogue legal basis (1) TFEU, Article 152 The Union 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. The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue. 4

5 European Social Dialogue legal basis (2) TFEU, Article 154 Consultation 1. The Commission shall have the task of promoting the consultation of management and labour at Union level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties. 2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Union action. 3. If, after such consultation, the Commission considers Union action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation. 4. On the occasion of the consultation referred to in paragraphs 2 and 3, management and labour may inform the Commission of their wish to initiate the process provided for in Article 155. The duration of this process shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it. 5

6 European Social Dialogue legal basis (3) TFEU, Article 155 Negotiations 1. Should management and labour so desire, the dialogue between them at Union level may lead to contractual relations, including agreements. 2. Agreements concluded at Union 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 153, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. The European Parliament shall be informed. (...) 6

7 Understanding the mechanisms of Articles 154 & 155 7

8 Forms of European Social Dialogue TRIPARTITE Tripartite Social Summit Macroeconomic dialogue High Level Groups BIPARTITE Autonomous Interprofessional Social Dialogue Sectoral Social Dialogue Committees EWCs International Framework Agreements CROSS-INDUSTRY SECTORAL COMPANY 8

9 European Social Partners Cross-sectoral industry organisations BusinessEurope, 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 Criteria: mutual recognition representativeness composed of national member organisations recognised as social partners capacity to negotiate administrative capacity 9

10 European Social Dialogue Committees - how it works The social partners autonomy and responsibility Social dialogue table They jointly decide on their dialogue: rules of procedure (objectives, preparation, presidency, etc.) level and rhythm (number and type of meetings) content (topics, agenda of meetings) outcome (agreements, statements, projects, instruments, etc.) 10

11 European Social Dialogue Committees 11

12 European Social Dialogue - Outcomes qualitative outcomes better understanding, consensus building better capacity to promote sectoral interests better capacity to act in an autonomous way better capacity and social dialogue at national or company level improved working conditions and standards a functioning social dialogue is a competitive advantage and allows to better cope with the challenges of crises quantitative outcomes more than 200 meetings per year more than 3000 participants more than 500 texts since

13 European Social Dialogue Typology of results Agreements establishing Standards Framework agreements Autonomous agreements Implementation Recommendations on standards and principles Frameworks of action Guidelines and Codes of conduct Policy orientations Follow-up at national level Reporting Exchange of information Joint opinions Declarations Tools Information Dissemination 13

14 European Social Dialogue - Results 14

15 European Social Dialogue - EFFAT EFFAT Sectoral Social Dialogue Committees (SSDC) agriculture: EFFAT COPA GEOPA sugar: EFFAT CEFS hotels & restaurants: EFFAT HOTREC contract catering: EFFAT FERCO food & drink industry: EFFAT FDE 15

16 European Social Dialogue - EFFAT Some examples of results: employment/jobs employability (sugar) part-time work, undeclared work (hotels & restaurants) qualification & training qualification & skills passport (agriculture, hotels & restaurants) continuous training, food hygiene (catering) future skills (food) health & safety MSD (agriculture) multimedia training tools (sugar) common political initiatives Common Agriculture Policy CAP (agriculture) EU sugar reform (sugar) public procurement / awarding of contracts (catering) food labelling (food) VAT (hotels & restaurants, catering) 16

17 European Social Dialogue social dialogue collective bargaining social dialogue = EU acquis communitaires EU and national governments have not only to tolerate and to accept the SD, but to protect, to promote and to facilitate national/sectoral social dialogue governments = responsible for capacity building standards agreed at EU level = minimum standards non-regression clause: existing better provisions in MS continue to prevail implementation / take up / follow up of jointly concluded results of EU SD at national level feed national experiences / problems / solutions into EU SD 17

18 European Social Dialogue - more information 18

19 European Social Dialogue - more information 19

20 European Social Dialogue - more information 20

21 Precarious Work Developments on the labour market: segmentation and discrimination same job, but different contracts, salaries, social protection and rights increase of precarious work social dumping and unfair competition impact on workers: less job security more poverty, incl. more working poor impact on employers: cheaper, but less qualified and less productive workforce 21

22 EFFAT fight against Precarious Work EFFAT sectors particularly concerned by precarious work, e.g.: seasonal, migrant, posted, outsourced/subcontracted, temporary, part time, split shifts, extras, etc. political aims protect precarious workers eradicate / limit precarious work equal treatment enforcement of social legislation make precarious work more expensive 22

23 EFFAT fight against Precarious Work EFFAT Charta against Precarious Work EFFAT Roadmap for implementing the Charta EFFAT Project Social Inclusion of Precarious Workers in Agriculture, Food & Tourism EFFAT 10 Key Points to fight Precarious Work EFFAT Guidance on the use of Temporary Agency Workers EFFAT Website (coming soon) 23

24 EFFAT 10 Key Points to fight Precarious Work 1. If it s the same work, it s the same job - so it must come with the same rights and pay 2. It is where you work that counts, not where you are from host country principle 3. All workers in Europe deserve decent minimum wage protection either through collective agreements or legislation 4. Employment relationships must be simplified and harmonized to create clarity and avoid abuse 5. All workers should be covered by collective bargaining - it is the most effective way to prevent people suffering in low wage work 6. Precarious workers need clear, simple routes into permanent jobs 7. Europe needs strong and well-funded public employment services, focused on combating precarious work 8. Effective regulation is needed for temporary agencies and other labour providers - and it must be well enforced 9. Employers must be held to account for their subcontracted workers 10. Precarious workers need to be organised and given a voice 24

25 Temporary Agency Workers Some features: replacement of permanent, in-house jobs temporary agency workers are often less well qualified than the company s employees less motivated and less loyal towards the company less familiar with the corporate culture less well acquainted with safety and quality standards more at risk of accidents, higher absenteeism rate Many studies show that temporary agency workers are ultimately costlier for the company, not cheaper!* * Deloitte s survey: significant negative experiences (70%) Dun & Bradstreet: 50% of projects failed Diamond Cluster International: 78% of executives terminated arrangements earlier due to poor service 25

26 EFFAT Principles on Temporary Agency Work open-ended and direct employment shall be the primary form of employment clear agreements with each company on TAW needed equal treatment (EU Directive) TAW not to replace permanent work enforceable written contract of employment defined limits on use of TAW (10% max.) cooperation with certified TWA only offer vacancies to TAW first 26

27 EFFAT Guidance on the use of Temporary Agency Workers 1. Raise the issue through your trade union and employee representation bodies 2. Explain to management why prioritising permanent jobs is in the interest of the company, as well its workforce 3. Make it clear that the primary form of employment should always be permanent, open-ended and direct employment 4. Find out what employment rights temporary agency workers are already entitled to in law and try to make sure they get them 5. Ask about what standards your company applies when deciding on which employment agencies they are going to use 6. Try to get an agreement with your employer on the use of temporary agency workers 27

28 Some messages to employers real partnership means stakeholder value not shareholder value take up the challenges of the market, do not deal too much with yourself nothing is more de-motivating than permanent reorganisation, restructuring and cutting jobs defend your long-term and sustainable strategies vis-à-vis shareholders and rating agencies go for the best not the cheapest options ignore these new management ideas which are sold as universal remedies to all your HR challenges and do not let the accountants dominate HR policy HR has to play a strategic role value your staff and create a framework which allows workers to give their best performances 28

29 Some messages to employers laws set minimum standards but these are not always the best and most appropriate standards many social conflicts in companies cannot really be settled by law only by common sense, mutual respect and compromise (win-win) do not simply tolerate social dialogue (as a necessary evil) promote it employee representatives in general contribute more towards the successful performance of the company than shareholders - let the representatives know the only way to cope with big challenges: jointly 29

30 Useful links EFFAT European Federation of Food, Agriculture and Tourism Trade Unions European Social Dialogue

31 Thank you for your attention Kerstin Howald Tourism Sector Secretary EFFAT European Federation of Food, Agriculture and Tourism Trade Unions Rue Fossé aux Loups 38 B Bruxelles k.howald@effat.org 31