IP FLEXEM TER
OULU
FINLAND
2007
THIS HAPPENS WHEN THERE IS NO SOCIAL DIALOGUE !
Flexibility of the Social Dialogue
Elisabeth Büttner, GermanyGabriele Gamberini, Italy
Elvira Kasteel, The NetherlandsSandra Melús Cunquero, Spain
Dainius Navickas, LithuaniaAlessandro Nepi, Italy
Ernestas Rigertas, LithuaniaBianca Rotthier-Willems, Belgium
Table of contents
General Introduction Legal differences
European framework
Constitutions
Legislation
Sociological data and figures
Structure of trade unions Wage-setting Differences between men and women
Consequences of the actual situation
Recommondations
Introduction to the Social Dialogue:
A Definition “Negotiation, consultation or simply exchange of information
among representatives of governments, employers and workers”
• EU Level
• State Level
• Plant Level
Normative sources of the Social Dialogue
European framework (Art. 136, 137, 138, 139 of the Treaty; Art. 27, 28 of Nice Charter)
Constitutions
Legislation
European Framework
• Art. 136: Social Dialogue as an objective
• Art. 137: Implementation of directives to the social partners’
• Art. 138: Social partners’ role at the EU level
• Art. 139: Collective bargaining at the EU level
• Art. 27, 28 Charter of Nice : Fundamental Rights
Constitutions
• Principle of freedom of collective bargaining
• Trade union freedom
• No mention in the Netherlands’ system
LegislationSources of regulation of social dialogue:
• Laws and collective labour agreements (Belgium, Italy, Finland)
• Laws only (Germany, Spain, Lithuania and The Netherlands)
Bargaining hierarchy implemented;
• but in some countries (i.e. Germany) it may depend on practice of opening clauses
Different system of representation:
• Single channel (Germany, Italy, Lithuania, Finland)
• Dual channel (Belgium, Spain, The Netherlands)
General body of representation:
• Belgium: workers and management• Other countries: workers only
Conditions of establishing a trade union:
• No restrictions for small companies
• Avoiding inadequate representation (so called ”yellow trade unions”)
Criteria to decide which trade union should represent workers
Membership of trade unions
• Differences in representation
• Differences between age, gender, sector and occupation
• Loss of power for trade unions due to the shifting from sector level to company level
Industrial Relations in Europe 2006Net trade union membershiop density according to age
0
10
20
30
40
50
60
70
80
90
Belgium Finland Spain Italy Germany The Netherlands Lithuania
Countries
-30
30 - 49
50+
Industrial Relations in Europe 2006Net trade union membership density according to gender
0
10
20
30
40
50
60
70
80
90
Belgium Finland Spain Italy Germany The Netherlands Lithuania
Countries
Male
Female
Industrial Relations in Europe 2006Net trade union membership density according to sector
0
10
20
30
40
50
60
70
80
90
100
Belgium Finland Spain Italy Germany The Netherlands Lithuania
Countries
Industry
Services
AHS
PMS
Industrial Relations in Europe 2006Net trade union membership density according to occupation
0
10
20
30
40
50
60
70
80
90
Belgium Finland Spain Italy Germany The Netherlands Lithuania
Countries
White-collar
Skilled blue
Unskilled blue
Level of collective bargaining involved in wage-setting
0
1
2
3
Belgium Germany Spain Italy Lithuania The Netherlands Finland
Countries
Impo
rtanc
e
Inter-sectoral level
Sectoral level
Enterprise level
Industrial Relations in Europe 2006
Employees on low wages
0
10
20
30
40
50
60
Belgium The Netherlands Spain Italy Germany Lithuania Finland
Countries
Perc
enta
ge
Men
Woman
Total
Industrial Relations in Europe 2006
Structure of trade unions• are organised on:
- sector base
- occupational base
● countries are organized :
- a dominant trade union
- a few dominant trade unions
Consequences of the actual situation
• Close link between implementation and historical development
• Depending on strength of legal structures - low - high
• Power and influence of trade unions – sufficient impact?
• Loss of competitiveness?
• Increase of collective bargaining on plant level
- specifying on local needs
• Flexibility of the local level
- depends on different
backgrounds
- freedom to adapt
superordinated collective
agreements
Conclusions
Proposals
• Stop the trend of declining membership number of trade unions
• Improve the information flow between different levels
• Framework
ASSIMILIATED BUT NOT UNIFORM SYSTEM!!!
Generally binding agreements
German system of „opening-clauses“
Clear separation of competences between work council and trade unions
Assimiliated system of European Social Dialogue
Thank you for your support!!
• Ricardo Del Punta
• Guido Boni
• Rytis Krasauskas
Thank you for your attention!
Are there any questions?
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