pruh+znak_PF_13_gray5+fialovy_RGB PF_PPT_en European Social Partners European Social Dialogue Framework Agreements www.law.muni.cz PF_PPT_nahled PF_PPT_en2 2 •Any communication activity involving social partners intended to influence the arrangement and development of work related issues. •Forms of social dialogue: •Biletaral •Trilateral (Workers + Employers + Public Authority) •Levels of social dialogue: •Company •Branch/Sectoral •Regional •National •European/International Social Dialogue www.law.muni.cz PF_PPT_nahled PF_PPT_en2 3 •Representatives of workers and employers, who operate one the European level. •Workers‘ side: ETUC •Employers‘ side: •CEEP •BUSINESSEUROPE •UEAPME Parties to the European Social Dialogue www.law.muni.cz PF_PPT_nahled PF_PPT_en2 4 •1986 – The Single European Act: •Social dialogue recognised in the EC Treaty •Bipartite documents with no legally binding force •1991 – Protocol on Social Policy •Annexed to Maastricht Treaty •Formal recognition of the right of the European social partners to negotiate binding framework agreements •2001 – Autonomous Social Dialogue • • History of the European Social Dialogue www.law.muni.cz PF_PPT_nahled PF_PPT_en2 5 •Framework of Actions •Joint texts •Resolutions •Agreements • • • Instruments of the European Social Dialogue www.law.muni.cz PF_PPT_nahled PF_PPT_en2 6 •Articles 154 and 155 TFEU •Procedures of involvement of the European Social Partners to the legislation process: •Consultation •Direct regulation via Agreement • • Legal Basis of the European Social Dialogue www.law.muni.cz PF_PPT_nahled PF_PPT_en2 7 •European Commission must consult management and labour: •every proposal in social policy field •content of the proposal •Consultation may lead to the adoption of opinions or recommendations. •European Social Partners must be asked if they want to regulate the issue by agreement. Consultation procedure www.law.muni.cz PF_PPT_nahled PF_PPT_en2 8 •If Social partners wishes so, the negotiation procedure is launched. •They are given 9 months. •If they fail to reach an agreement, the procedure falls back to the Commission. •If they success, their agreement is legally binding. • Autonomous agreement www.law.muni.cz PF_PPT_nahled PF_PPT_en2 9 •Two possible ways of implementation: •transformation into a directive •autonomous way •If the fist way was chosen, Council is asked to issue a Directive by Commission and Social partners. Council must decide and approve. •Agreements concluded within 1995 and 2004 were usually implemented via Council decision as directives. Implementing of Agreements www.law.muni.cz PF_PPT_nahled PF_PPT_en2 10 •1995 – Framework Agreement on Parental Leave •1997 – Framework Agreement on Part-time Work •1999 – Framework Agreement on Fixed-term Work •1998 - European Agreement on the Organisation of Working Time of Seafarers •2000 - European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation •2004 - European Agreement on the Certain Aspects of the Working Conditions of Mobile Workers Assigned to Interoperable Cross-Border Services • • Agreements which have become directives www.law.muni.cz PF_PPT_nahled PF_PPT_en2 11 •Based on practices specific for social partners (especially collective bargaining). •Social partners themselves are obliged to perform the content of the agreements without any necessary action taken by Council or Commission. •Agreements are called Autonomous Agreements. Autonomous implementation www.law.muni.cz PF_PPT_nahled PF_PPT_en2 12 •2002 - Framework Agreement on Telework: Jose Maria •2004 - Framework Agreement on Work-Related Stress •2007 - Framework Agreement on Harassment and Violence at Work •2010 - Framework Agreement on Inclusive Labour Markets of 2010. Autonomous agreements