European social partners
‘Social partners’ is a term generally used in Europe to refer to representatives of management and labour (employers’ organisations and trade unions). The term ‘European social partners’ specifically refers to those organisations at EU level which are engaged in the European social dialogue, as provided for under Article 154 and 155 of the Treaty on the functioning of the European Union (TFEU). Primary Union law for the first time refers to the notion of ‘social partners’ in Article152 TFEU:
‘The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.’
The identification of organisations to be included in the category of European social partner raises potential difficulties. Although the current TFEU Treaty never uses the word ‘representativeness’, the European Commission has clearly been drawn to this criterion for identifying the relevant organisations of management and labour. The question of the representativeness of the social partner organisations at European level is fundamental as it constitutes the basis of their right to be consulted by the Commission under the article 154 of the Treaty.
In its ‘Communication concerning the application of the Agreement on Social Policy’ (COM (93) 600 final, Brussels, 14 December 1993), the Commission set out criteria for the representativeness of organisations and these are still valid today. According to the Commission, organisations should:
- be cross-industry or relate to specific sectors or categories and be organised at European level;
- consist of organisations, which are themselves an integral and recognised part of Member State social partner structures and with the capacity to negotiate agreements, and which are representative of all Member states, as far as possible;
- have adequate structures to ensure their effective participation in the consultation process.
The Commission regularly publishes a ‘list of European social partner organisations’ which, in the Commission’s view, comply with these criteria and, therefore, are consulted by the Commission under Article 154 of the TFEU treaty. At present, according to the Commission’s 2010 report on the European sectoral social dialogue, the list includes 86 organisations (of which 79 are sectoral organisations) and is divided into five groups:
- general cross-industry organisations (CEEP, ETUC, BusinessEurope);
- cross-industry organisations representing certain categories of workers or undertakings (Eurocadres, UEAPME, CEC);
- specific organisations (Eurochambres);
- sectoral organisations representing employers (62 organisations); and
- sectoral European trade union organisations (17 organisations).
This official list of European social partner organisations is adapted whenever new social dialogue committees are set up and/or in the light of studies on representativeness which the European Foundation for the Improvement of Living and Working Conditions is carrying out at the request of the Commission (see the EIRO webpage – sectoral representativeness studies).
The European Social partners are either engaged in sectoral social dialogue or in cross-industry social dialogue. In these cases, representativeness is not based on the criteria mentioned, but in the “mutual recognition” between the social partners on their capacity to engage in collective bargaining.
Prerogatives of the European social partners
At present, the prerogatives of the European social partners within the policy processes at European level are defined by Article 154 and 155 TFEU. Basically, the competences of the social partners in the social policy field are defined quite extensively, as follows:
- social partners are procedurally involved in the genesis of any Commission initiative in the social policy field (Art. 154.2 and 154.3 TFEU), both in the direction and the content of a proposal;
- they may decide on how they wish to implement their agreements – ‘either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 153, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission’ (Art. 155.2 TFEU);
- they may decide on autonomous agreements in all social policy fields – even those not falling under the competences of EU institutions as defined in Art 154 EC (Art. 155.1 EC).
In practice, the European social partners have not used their rights very extensively. This is mainly due to the difficulties in reconciling different interests when it comes to formulating joint agreements. However, there are some cases of successful agreements (on parental leave, part-time work, fixed-term work, telework, stress at work, harassment and violence and inclusive labour markets (EU1005011I) but there are also examples where the social partners failed to reach agreements (as in the cases of the information and consultation of employees, temporary agency work, or the recasting of the Directive on European Works Councils).
European social partners’ work programme
As social dialogue is considered to be ‘a unique and indispensable component of the European social model’ it has been official EU policy to extend the role of the European social partners. Over the last few decades, there have been several Commission Communications and declarations at meetings of the Council of the European Union which have all pointed in this direction. This has been willingly picked up by the social partners themselves.
In its Communication of 26 June 2002, the Commission called on the European social partners to develop their autonomous dialogue further and to establish joint work programmes. In their second joint multi-annual work programme, the European social partners emphasised the contribution of the first joint work programme for 2003-2005 to implementing the Lisbon Strategy, sharpening the focus of European social dialogue and enhancing their autonomy. They highlighted the main achievements of the first programme: the framework agreements on telework and work-related stress, the framework of actions for the lifelong development of competencies and qualifications, and action on gender equality.
The second work programme (2006–2008) aimed to further develop the social partners’ autonomy. The European social partners intended to report on the implementation of the framework agreements and frameworks of actions and to ‘further develop their common understanding of these instruments and how they impact at the various levels of social dialogue’. They also negotiated a ‘Framework agreement on harassment and violence at work’. In 2007, the European cross-industry social partners published a joint analysis of the ‘Key challenges facing European labour markets’. In 2008, they reached a framework agreement on parental leave, revising their first agreement and the Directive which implemented it (Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC).
Under the current work programme (2009-2010), the European cross-industry social partners have negotiated an autonomous framework agreement on inclusive labour markets (EU1005011I) and have managed a project on national studies on economic and social change in the EU-27 in order to effectively manage change and restructuring. Their current programme also includes the negotiation of a framework of actions on employment.
See also: Charter of Fundamental Rights of the European Union; Directives; Employer organisations; European collective agreements; European sectoral social dialogue; EU system of industrial relations; European social dialogue and implementation of agreements; European social dialogue via Articles 138-139 of the EC Treaty; Harassment and violence at work; Open method of coordination; Opt-out; Right of collective bargaining; Sectoral employer federations; Social dialogue summits; Social policy agenda; Tripartite concertation; Tripartite Social Summit