Context Challenges of New Member States addressed in ITC-ILO capacity building projects

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2 Themes Context Challenges of New Member States addressed in ITC-ILO capacity building projects European integration and industrial relations characteristics in Turkey, Croatia, Montenegro and Serbia Comparative presentation of replies to the on-line survey on social dialogue in commerce sector 06/02/2014 E. Toth 2

3 PART I Context Challenges of New Member States addressed in ITC-ILO capacity building projects 06/02/2014 E. Toth 3

4 ACTRAV ITC-ILO SECTORAL AND MULTI- SECTORAL PROJECTS PARTNER YEAR SECTOR COUNTRY ACT. PARTICIPANTS EVALUATION UNI Post, telecom NMS 5 72 (38,88% F) 4,10 EFBWW Construction NMS (28,82%F) 4,26 EFFAT 2007 Tourism NMSCC (50,27%F) 4,44 EMF 2008 Metal NMSCC (28,32%F) 4,45 EMCEF Chemistry NMSCC (25,41%F) 4,38 ETF Transport NMSCC (29,18%F) 4,33 ETUC 2010 Cross-sectoral NMSCC (39,42%F) 4,29 UNI-Europa 2011 Commerce NMSCC (54,92%F) 4,43 EFFAT & industriall 2012 Agriculture, food, hore-ca, mining, energy NMSCC (42,71F) 4,44 industriall 2013 Manufacturing NMSCC (35,29%) 4,32 EFBWW 2014 Construction NMSCC 6 ongoing ongoing 06/02/2014 E. Toth 4

5 WHY INVEST IN NEW MEMBER STATES IDENTIFIED PROBLEM Limited participation of social partners from New Member States in EUROPEAN SECTORAL SOCIAL DIALOGUE due to the weaknesses on the national level Need for a new culture of SD in NMS, building mutual trust and commitment of social partners to jointly design and implement SD agenda on the issues of common interest in the sector at national and EU level 06/02/2014 E. Toth 5

6 AREAS FOR IMPROVEMENT ON THE NATIONAL LEVEL Continuous labour law reforms in NMSCC leading to loss of rights and legal uncertainty An overall low level of social dialogue and industrial relations Decline in TU membership as a dominant feature Need for consolidation of institutions, add content and delivery power to the existing institutional forms Sectoral social dialogue and collective bargaining are the weakest link 06/02/2014 E. Toth 6

7 TRADE UNION RENEWAL I: Autonomy and Representativeness Independence from Government, employers or any third parties Representativeness precondition for credibility and influence Increasing representation of all the workers in the sectors by including specific interest groups (i.e. precarious workers, women, youth, migrants ) at all levels of TU organization Prioritizing organizing and recruitment - introducing strategic organizing approach Militancy and active members 06/02/2014 E. Toth 7

8 TRADE UNION RENEWAL II: Strengthening structures, bringing new blood, Rebuilding and redeveloping trade union structures Need to optimise human and financial resources and structures through mergers or strong forms on interunion cooperation Distribution of membership fees in such a fashion as to guarantee strong national sectoral trade union Rejuvenation of trade union movement and empowerment of young trade union leaders New and innovative ideas, creativity, new image of trade union Use of ICT in communication with members and the public 06/02/2014 E. Toth 8

9 TRADE UNION RENEWAL III: Knowledge, competence, pro-activeness Increasing full-time professional staff specialized in industrial relations, economics, finance, law, sociology Introducing more research and expertise (cooperation with universities) Improving communication, knowledge-sharing and dissemination of information at all levels Systematic education of trade union officials and activists on core trade union areas of work and core skills, including language skills Maximizing benefits of international cooperation Taking initiative, not just reactive 06/02/2014 E. Toth 9

10 Overview of industrial relations systems Source: EC Report Industrial Relations in Europe /02/2014 E. Toth 10

11 Ratifications of ILO Conventions in the EU Member States, Turkey and Montenegro Spain 133 Ireland 73 France 125 Denmark 73 Italy 112 Hungary 73 Netherlands 107 Czech Republic 72 Finland 103 Greece 72 Luxembourg 103 Montenegro* 69 Belgium 102 Malta 63 Bulgaria 101 Croatia* 61 Sweden 98 Cyprus 59 Poland 91 Turkey* 56 United Kingdom 87 Romania 56 Germany 84 Austria 54 Portugal 82 Latvia 53 Slovenia 82 Lithuania 44 Slovakia, Serbia* 75 Estonia 38 EU average 81 Conventions, EU-15 average 94, New Member States average 67 06/02/2014 E. Toth 11

12 PART II General background and industrial relations characteristics in Turkey, Croatia, Serbia and Montenegro 06/02/2014 E. Toth 12

13 European integration Country Croatia European integration EU member state since July 1 st, 2013 (28 th member state) Turkey Candidate country since 1999, accession negotiations opened in 2005 Montenegro Candidate country since 2010, accession negotiations opened in 2010 Serbia Candidate country since 2012, accession negotiations opened in 2013 In Turkey, Montenegro and Serbia significant legislative changes are taking place aiming at the alignment with the EU acquis, for TUs especially important Chapter 19 on Social policy and employment (see 2013 Progress Reports) 06/02/2014 E. Toth 13

14 Industrial relations actors in TR HR MN SR COUNTRY TRADE UNIONS EMPLOYERS GOVERNMENT TURKEY CROATIA Türk-Is Hak-Is DISK Memur-Sen Kamu-Sen KESK SSSH NHS Matica HURS MONTENEGRO SSCG USSCG SERBIA SSSH, UGS Nezavisnost, ASNS, KSS TISK TÜSIAD MÜSIAD HUP UPCG UPS Ministry of Labour and Social Security Ministry of Labour and Pension System Ministry of Labour and Social Affairs Ministry of Labour 06/02/2014 E. Toth 14

15 Turkey The new Trade Union and Collective Bargaining Law (Act No enacted in November 2012) is welcomed by the EU as it clearly advances the situation of labour unions as compared to the previous legislation. Nevertheless, the EU still thinks that the proper functioning of social dialogue and industrial relations is hampered by remaining obstacles: The obstacles to collective bargaining are still high (collective bargaining double threshold regulation 3% industry level, 50% + 1 workplace level) Abolishment of a former need for a notary act to become a union member Union members in small enterprises are insufficiently protected Some civil servants have restricted rights to organize and organize strikes Social dialogues institutions remain weak The Social and Economic Council is inactive Violations of fundamental rights still a major issue The report concludes that some progress was made and the legal alignment moderately advanced. 06/02/2014 E. Toth 15

16 Reform processes in Serbia and Montenegro Labour law Occupational safety and health Social dialogue Employment policy Social inclusion Social protection Anti-discrimination and equal opportunities 06/02/2014 E. Toth 16

17 Croatia Under the pressure of WB and IMF since 2010 to flexibilize its labour market and labour legislation, requests to: -reduce costs of hiring and firing, increasing working time flexibility, cancellation of collective agreements especially in public sector etc. Labour Court set up in Zagreb for the first time Act on Representativity adopted Government abolished Office for Social partnership without prior consultation with social partners Series of attacks on the freedom of collective bargaining New Act on Establishing Economic and Social Council, July /02/2014 E. Toth 17

18 PART III Comparative presentation of replies to the on-line survey on social dialogue in commerce sector by TURK KOOP-IS, SOSYAL-IS, STH, TU of Commerce Workers of Montenegro, Samostalni sindikat trgovine Srbije 06/02/2014 E. Toth 18

19 Unions in commerce TK HR MN SR 06/02/2014 E. Toth 19

20 Unions in commerce BG RO MT HU EE LT LV PL CZ SK SI HR TK MN SR 06/02/2014 E. Toth 20

21 National affiliation TK HR MN SR 06/02/2014 E. Toth 21

22 National affiliation 15 countries 06/02/2014 E. Toth 22

23 Membership trend TK HR MN SR 06/02/2014 E. Toth 23

24 Membership trend 15 countries 06/02/2014 E. Toth 24

25 Legislative developments TK HR SR 06/02/2014 E. Toth 25

26 Legislative developments 15 countries 06/02/2014 E. Toth 26

27 Tripartite social dialogue 06/02/2014 E. Toth 27

28 Consultations between the government and social partners 06/02/2014 E. Toth 28

29 Bipartite social dialogue TK HR MN SR 06/02/2014 E. Toth 29

30 Bipartite social dialogue 15 countries 06/02/2014 E. Toth 30

31 Quality of sectoral social dialogue TK HR MN SR 06/02/2014 E. Toth 31

32 Quality of sectoral social dialogue 15 countries 06/02/2014 E. Toth 32

33 Collective bargaining levels in TK HR MN SR 06/02/2014 E. Toth 33

34 Collective bargaining in 15 respondent countries 06/02/2014 E. Toth 34

35 European affiliation TK HR MN SR 06/02/2014 E. Toth 35

36 European affiliation 15 countries 06/02/2014 E. Toth 36

37 Representation in European Social Dialogue 06/02/2014 E. Toth 37

38 Representation in European Social Dialogue 15 countries 06/02/2014 E. Toth 38

39 Understanding European Social Dialogue 06/02/2014 E. Toth 39

40 Understanding European Social Dialogue 15 countries 06/02/2014 E. Toth 40

41 Future of commerce 06/02/2014 E. Toth 41

42 Resource materials ITC-ILO on-line survey on social dialogue in commerce sector, 2013 Final Technical Implementation Report on ITC-ILO training project on Strengthening Social Dialogue in Commerce, ACTRAV 2012 EIRO, European industrial relations observatory on-line, industrial relations country profiles for Croatia, Montenegro and Serbia IRT, industrialrelationsin turkey.com NORMLEX, on-line information system on international labour standards, ratification information by country, ILO ETUI, Clauwaert and Schömann, The crisis and national labour law reforms: a mapping exercise. Country report Croatia, 2013 ITCILO, Sectoral Social Dialogue in EU12 and candidate countries, Svigir, 2010 ITCILO, Social Dialogue, a manual for trade union education, Carls and Bridgford, 2012 European Commission Progress Reports for Turkey, Serbia and Montenegro /02/2014 E. Toth 42