Until the early 1990s, the results of European level discussions between employer and trade union representatives tended to be in the form of non-binding opinions and policy recommendations. However, in 1991, UNICE, ETUC, CEEP and UEAMPE reached agreement on a text which provided the opportunity for the European social partner to enter into autonomous negotiations with the possibility of reaching agreement which could lead to the implementation of binding legislation or collective agreement at national level. This social partner agreement was integrated virtually unchanged within the text of the Maastricht Treaty, thus giving the social partners far greater powers in framing employment law and regulations (later incorporated as articles 138 and 139 of the Amsterdam Treaty). Since then, the outcomes of social partner negotiations under these Treaty provisions have essentially taken two forms:
The European social partners have so far reached three binding European framework agreements:
1995 – European Framework Agreement on Parental Leave,
implemented by Council Directive 96/34/EC
of 3 June 1996
As this framework
agreement was reached prior to the UK’s signing up to the “Maastricht Social
Protocol”, the applicable Directive for the UK is Council Directive 97/75/EC of
15 December 1997 amending and extending, to the United Kingdom of Great Britain
and Northern Ireland, Directive 96/34/EC on the framework agreement on parental
leave concluded by UNICE, CEEP and the ETUC. This Directive was implemented in
the UK as the Maternity and Parental Leave Regulations 1999 (see http://www.legislation.hmso.gov.uk/si/si1999/19993312.htm).
1997 – European Framework Agreement on Part Time Work
This agreement was transposed to the UK by Council Directive
98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the
framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to
the United Kingdom of Great Britain and Northern Ireland and implemented
through the Part-time Workers
(Prevention of Less Favourable Treatment) Regulations 2000 (see http://www.legislation.hmso.gov.uk/si/si2000/20001551.htm).
1999 – European
Framework Agreement on Fixed Term Work, implemented by Council Directive 1999/70/EC of 28 June 1999
This
Directive was transposed to the UK through the Fixed-term Employees (Prevention
of Less Favourable Treatment) Regulations 2002 (see http://www.legislation.hmso.gov.uk/si/si2002/20022034.htm).
Another
social partner negotiating process on temporary agency work failed to reach
agreement in 2001.
The European social partners have so far reach two of these so called “voluntary European framework agreements” implemented “in accordance with the procedures and practices specific to management and labour” in the respective Member State.
2002 – Telework agreement (see http://europa.eu.int/comm/employment_social/news/2002/oct/teleworking_agreement_en.pdf).
This agreement was implemented in the UK through a Guidance document agreed by CBI, TUC and CEEP UK and published with the assistance of the DTI (see http://www.dti.gov.uk/er/individual/telework.pdf). ADD LINK
2004 – Stress agreement (see http://europa.eu.int/comm/employment_social/news/2004/oct/stress_agreement_en.pdf).
Negotiations on the implementation of the stress agreement in the UK are currently under way and a joint text is due to be launched under the UK Presidency of the EU in the second half of 2005.
Another instrument developed by social partners at European level is the so-called “Framework of actions”. This tool is used in policy areas which are already governed by a significant body of EU policy or legislation and/or are not seen to lend themselves to binding social partner action but are seen to benefit from European level guidance and the sharing of good practice. Frameworks of action call upon national members of the European social partner organisations to implement certain priority actions at national level (according to national tools and traditions) and to report regularly on progress made.
There are currently two such frameworks of action.
2002 – Framework of actions for the lifelong development of competencies and qualifications (see http://europa.eu.int/comm/employment_social/social_dialogue/docs/framework02_en.pdf).
2005 – Framework of Actions on Gender Equality Final Document
Three follow up reports have already been prepared to monitor progress in the implementation of the priorities set down in the Framework of Actions. Two of these reports are already publicly available (see http://europa.eu.int/comm/employment_social/social_dialogue/docs/followup_en.pdf and http://europa.eu.int/comm/employment_social/social_dialogue/docs/2ndfollowup_en.pdf ).
The third follow-up report, the follow up report on the implementation of the Lifelong Learning agreement Final Draft Document was agreed at a recent meeting.
A final voluntary instrument agreed by social partners in October 2003 is entitled “Orientations for reference on restructuring” (see http://europa.eu.int/comm/employment_social/social_dialogue/docs/orientations_en.pdf). This document draws conclusions from a series of joint social partner seminars held on the subject of restructuring in 2003.
In December 2002, UNICE/UEAMPE, ETUC and CEEP agreed on a joint three year work programme to guide their actions between 2002 and 2005. This work programme foresees actions under the headings “employment”, “enlargement” and “mobility” ranging from negotiations on joint texts to the organisations of joint seminars and projects to explore the potential for joint action.
The text of the joint work programme can be found on http://europa.eu.int/comm/employment_social/news/2002/dec/prog_de_travail_comm_en.pdf
The majority of the actions foreseen under this work programme have already been implemented, with the following results:
|
EMPLOYMENT |
|
|
|
Theme |
Action |
Result |
|
Employment Guidelines |
Reports on social partner actions in the Member States to implement the Employment Guidelines |
Two annual reports on national social partner actions to implement the Employment Guidelines and the priorities of the report of the Task for on Employment (2003) |
|
Lifelong learning |
Follow up of framework of actions and evaluation report |
Three follow up reports have been prepared. Evaluation is due in 2005/06 |
|
Stress at work |
Negotiations with a view to reach a voluntary agreement |
Agreement was reached in May 2004 |
|
Restructuring |
Identify orientations which could serve as a reference to assist in managing change |
Orientations for reference agreed in 2003 |
|
Disability |
Update of joint declaration adopted in 1999 |
The joint declaration was updated in 2003 |
|
Young People |
Promoting young people’s interest in science and technology to help addressing the skills gap through a joint declaration or awareness raising campaign |
No action to date |
|
Racism |
Updating of joint declaration adopted in 1995 |
No action to date |
|
Ageing workforce |
Seminar to discuss case studies and explore possible joint actions |
Seminar is foreseen for 2005 |
|
Harassment |
Seminar to explore the possibility of negotiating a voluntary agreement |
Seminar is foreseen for 2005 |
|
Telework |
Monitoring of follow-up of framework agreement |
Regular reports on implementation have been provided to the Social Dialogue Committee |
|
Undeclared work |
Seminar aiming at joint opinion |
No action to date |
|
ENLARGEMENT |
||
|
Industrial relations |
Joint seminar on industrial relations |
A project is under way assessing what the social partners in the new Member States need in order to participate in the European social dialogue process |
|
Social dialogue |
2 enlarged social dialogue committees per year |
These have taken place |
|
Restructuring |
Study on restructuring in the candidate countries |
This study is foreseen for 2005 |
|
Lifelong Learning |
Include candidate countries in follow-up to framework of actions |
New member states and candidate countries have been included in this follow up process |
|
Implementation of the legal acquis |
Seminar on implementation of European Works Councils Directive |
Two seminars have taken place and a joint text of resulting lessons is currently being drafted |
|
EU social and employment policies after enlargement |
Prospective reflection on issues that will arise in the EU after enlargement |
No action to date |
|
MOBILITY |
||
|
Action plan on skills and mobility |
Seminar to identify areas which joint actions by social partners at the European level could help addressing obstacles to mobility |
This seminar has taken place |
European social partners agree new work programme 2006-2008
On 25 January 2006, the European social partners,
CEEP, ETUC and UNICE/UEAPME agreed on their second autonomous work programme.
The programme emphasises the priorities of the Lisbon strategy and will include
a joint analysis of important issues such as dealing with the impact of
demographic change; migration and mobility; the balance between flexibility and
security and undeclared work. The work programme also contains a commitment to
enter into negotiations on the subject of harassment and violence in the
workplace and on either lifelong learning or the integration of disadvantaged
groups into the labour market. The European Commission has warmly welcomed the
adoption of this work programme.