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European Labour Law – European Social Dialogue
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European Social Dialogue
European Social Partners
European Social Dialogue
Framework Agreements

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European Labour Law – European Social Dialogue
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Social Dialogue
̶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
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European Labour Law – European Social Dialogue
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Parties to the European Social Dialogue
•Representatives of workers and employers, who operate one the European level.
•Workers‘ side: ETUC
•Employers‘ side:
•CEEP
•BUSINESSEUROPE
•UEAPME
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European Labour Law – European Social Dialogue
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History of the European Social Dialogue
•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

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European Labour Law – European Social Dialogue
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Instruments of the European Social Dialogue
̶Framework of Actions
̶Joint texts
̶Resolutions
̶Agreements

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European Labour Law – European Social Dialogue
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Legal Basis of the European Social Dialogue
̶Articles 154 and 155 TFEU
̶Procedures of involvement of the European Social Partners to the legislation process:
̶Consultation
̶Direct regulation via Agreement
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European Labour Law – European Social Dialogue
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Consultation procedure
̶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.
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European Labour Law – European Social Dialogue
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Autonomous agreement
̶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

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European Labour Law – European Social Dialogue
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Implementing of Agreements
̶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.
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European Labour Law – European Social Dialogue
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Agreements which have become directives
̶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
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European Labour Law – European Social Dialogue
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Autonomous implementation
̶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.
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European Labour Law – European Social Dialogue
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Autonomous Agreements
̶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.
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