29 May 20082nd Intal. Conference. Macedonia.1 The European Social Dialogue in private security Eduardo Cobas Urcelay Chairman Social Dialogue Committee

29 May 200829 May 2008 2nd Intal. Conference. Macedonia2nd Intal. Conference. Macedonia..

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The European Social Dialogue The European Social Dialogue in private security in private security

Eduardo Cobas UrcelayEduardo Cobas UrcelayChairman Social Dialogue Committee Chairman Social Dialogue Committee

CoESSCoESS

Second International ConferenceSecond International ConferenceChamber of the Republic of Macedonia of Security of People and Property Chamber of the Republic of Macedonia of Security of People and Property Contributing to global security and safety by cooperation and exchange of experience, Contributing to global security and safety by cooperation and exchange of experience, practices and knowledge practices and knowledge


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What means social dialogue at What means social dialogue at European level?European level?

The results of private security The results of private security social dialoguesocial dialogue

Current developments in the private Current developments in the private security social dialoguesecurity social dialogue


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1. What means social dialogue at European 1. What means social dialogue at European level?level?

A general definition (social dialogue)A general definition (social dialogue)

Discussions, consultations, negotiations and joint actions Discussions, consultations, negotiations and joint actions undertaken by the social partner organisations undertaken by the social partner organisations representing the two sides of industry (management and representing the two sides of industry (management and labour).labour).http://ec.europa.eu/employment_social/social_dialogue/index_en.htmhttp://ec.europa.eu/employment_social/social_dialogue/index_en.htm

• A precondition: A precondition: mutual recognition and representativeness of social mutual recognition and representativeness of social

partnerspartners


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A relatively recent process at European levelA relatively recent process at European level

1985: “Val Duchese” process1985: “Val Duchese” process

1992: Maastricht Treaty: social protocol on social 1992: Maastricht Treaty: social protocol on social policy annexed to the Treatypolicy annexed to the Treaty

1997: Treaty of Amsterdam: Articles 138 and 1391997: Treaty of Amsterdam: Articles 138 and 139

2000: Treaty of Nice: no changes2000: Treaty of Nice: no changes

2007: Treaty of Lisbon: role European Parliament 2007: Treaty of Lisbon: role European Parliament


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Article 138.

1. The Commission shall have the task of promoting the consultation of management and labour at Community 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 Community action.

3. If, after such consultation, the Commission considers Community 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 such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 139. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it.


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Article 139

1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements.

2. Agreements concluded at Community 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 137, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 137(2). In that case, it shall act unanimously.


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Different levels of social dialogue:Different levels of social dialogue:

Cross-industry organisationsCross-industry organisations

Sectoral organisationsSectoral organisations• 35 sectors: including private security35 sectors: including private security


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Outcome of social dialogue at European levelOutcome of social dialogue at European level

Agreements (139.2): minimum standardsAgreements (139.2): minimum standards Framework agreementsFramework agreements Autonomous agreementsAutonomous agreements

Process-oriented textsProcess-oriented texts Frameworks of actionsFrameworks of actions Guidelines and Codes of conductGuidelines and Codes of conduct Policy orientationsPolicy orientations

Joint opinions and tools: exchange of informationJoint opinions and tools: exchange of information Joint opinionsJoint opinions DeclarationsDeclarations ToolsTools


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Progress report European Commission. Progress report European Commission. Republic of Macedonia. 2007.Republic of Macedonia. 2007.

There has been no progress in the field of social dialogue which remains very formal owing to the weaknesses of the social partners. The Economic and Social Council (ESC) met only once during 2006, when the national strategy for employment was discussed. In the first half of 2007 the ESC met three times. The composition of the members of the ESC was not completely in accordance with the labour law provisions, since the representativeness criteria of the trade union representatives have still to be clarified. The public sector collective agreement remained unsigned. The main reason is the confusion surrounding the eligibility of the trade union representatives in the ESC. This has also a very negative impact on bipartite social dialogue. The definition of representativeness criteria therefore currently hinders the development of social dialogue structures.


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2. Outcome of social dialogue in the private 2. Outcome of social dialogue in the private security sectorsecurity sector

General documents: formal issuesGeneral documents: formal issues General documents: basic principlesGeneral documents: basic principles Regulatory issuesRegulatory issues TrainingTraining Organisation of workOrganisation of work Market conditionsMarket conditions Health and safetyHealth and safety EnlargementEnlargement


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General documents: formal issuesGeneral documents: formal issues

1998: Creation of a Social Dialogue 1998: Creation of a Social Dialogue CommitteeCommittee

1999: Joint declaration in the 1999: Joint declaration in the mutual recognition of CoESS and mutual recognition of CoESS and Euro-FIET and the social dialogueEuro-FIET and the social dialogue


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General: basic principlesGeneral: basic principles

Results achieved in the private security social dialogue (2002)Results achieved in the private security social dialogue (2002)

Code of Conduct and EthicsCode of Conduct and Ethics (2003) (2003)

- ensuring the development of standards of conduct and - ensuring the development of standards of conduct and ethics, the purpose of which is to benefit consumers, ethics, the purpose of which is to benefit consumers, employees, clients and society in generalemployees, clients and society in general- guaranteeing the minimum necessary degree of - guaranteeing the minimum necessary degree of professionalism and qualityprofessionalism and quality

European model of private securityEuropean model of private security (2004) (2004)

- To stress the importance of the European Model of Private - To stress the importance of the European Model of Private SecuritySecurity


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Regulatory issuesRegulatory issues

Joint Opinion on Regulation and licensing (1996)Joint Opinion on Regulation and licensing (1996)- role of legislation / professionalism- role of legislation / professionalism

Joint Declaration on European Joint Declaration on European HarmonisationHarmonisation of of Legislation (2001)Legislation (2001)

- call on necessary measures- call on necessary measures

Position on the Position on the Directive on ServicesDirective on Services (2004) (2004)- wording of the proposal- wording of the proposal


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TrainingTraining

Joint text on Vocational training (1996)Joint text on Vocational training (1996)

Basic manual on Basic manual on vocational trainingvocational training (1999)(1999)

European Educational toolkit for three European Educational toolkit for three Security Activities/Profiles (2006)Security Activities/Profiles (2006)


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Organisation of workOrganisation of work

Joint declaration on Basic principles on Joint declaration on Basic principles on organisation of workorganisation of work (2000) (2000)

SPOT I – report (2003)SPOT I – report (2003)


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Market conditionsMarket conditions

Memorandum Award of contracts: Memorandum Award of contracts: best best valuevalue (1999) – manual (1999) – manual

Joint position against Joint position against undeclared workundeclared work (2006)(2006)


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Health and safetyHealth and safety

Training manual: Training manual: health and safetyhealth and safety issues (2004)issues (2004)


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EnlargementEnlargement

Joint declaration on Basic principles in an Joint declaration on Basic principles in an enlarged Europe (1999)enlarged Europe (1999)

Appeal to National Administrations in Appeal to National Administrations in Baltic States (2006) Baltic States (2006)


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3. Current activities3. Current activitiesWorking Programme 2007-2008Working Programme 2007-2008

Joint approach to Joint approach to new developmentsnew developments in the sector in the sector Transfer of Funds: Transfer of Funds: cash in transitcash in transit Setting up a framework on modernisation of Setting up a framework on modernisation of Work Work

OrganisationOrganisation Health and SafetyHealth and Safety issues issues TrainingTraining issues issues Gender equalityGender equality Focusing on the Focusing on the new prioritiesnew priorities for the sector for the sector ImplementationImplementation of the social dialogue results of the social dialogue results Activities at national level: Activities at national level: enlargementenlargement issues issues


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Joint approach to new developments:Joint approach to new developments: V European Conference: October- V European Conference: October-

implementationimplementation Update of the study of the sectorUpdate of the study of the sector Regulatory issues:Regulatory issues:

• Follow up harmonisationFollow up harmonisation• Increasing coordination neededIncreasing coordination needed

Transfer of Funds:Transfer of Funds: Subgroup createdSubgroup created

• Impact of new technologiesImpact of new technologies• Attacks and health and safetyAttacks and health and safety• Cash substitution and SEPACash substitution and SEPA


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Setting up a framework of work organisation:Setting up a framework of work organisation: MOWO project under wayMOWO project under way

Health and safety:Health and safety: StressStress Violence at work conferenceViolence at work conference

Training:Training: Dissemination of manualsDissemination of manuals

Gender equality:Gender equality: Possibility of joint statement to be analysedPossibility of joint statement to be analysed


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Focusing on new priorities for the sectorFocusing on new priorities for the sector Flexicurity Flexicurity Conciliation of professional, private and family lifeConciliation of professional, private and family life

Implementation of the social dialogue resultsImplementation of the social dialogue results ConferenceConference Synergies: another sectors / European Working Synergies: another sectors / European Working

CouncilsCouncils

Activities at national level: enlargement issuesActivities at national level: enlargement issues TAIEX activities ?TAIEX activities ? Best Value conferencesBest Value conferences

Documents

29 May 20082nd Intal. Conference. Macedonia.1 The European Social Dialogue in private security Eduardo Cobas Urcelay Chairman Social Dialogue Committee