Social dialogue
Social dialogue is the dominant feature of collective industrial relations in Europe, as the Communication ‘The European social dialogue, a force for innovation and change (129Kb PDF)’ (COM(2002)341) of 26 June 2002, acknowledges:
The social dialogue is rooted in the history of the European continent, and this distinguishes the Union from most other regions of the world. Accordingly, in its various forms in the different Member States, the social dialogue is a component of democratic government and also of economic and social modernisation....
The term ‘social dialogue’ is used in different ways. First of all, it is used in the term European social dialogue to describe the institutionalised consultation procedure involving the European social partners. The term is also used to describe the processes between social partners at various levels of industrial relations.
Numerous provisions in the Treaty on the Functioning of the European Union (TFEU) and European labour law aim to strengthen social dialogue and the role of the social partners at European, national, sectoral, local and company level. Whereas the Treaty establishes and institutionalises social dialogue at EU level (European social dialogue), several European directives, policy guidelines and recommendations also aim to enhance social dialogue between the social partners at national, local and company level.
A key distinction is made between cross-industry social dialogue and European sectoral social dialogue which takes place between sectoral employer federations and the European industry federations on the trade union side.
Depending on the actors involved, a further distinction is made between tripartite and bipartite social dialogue. Tripartite social dialogue takes place within Tripartite Social Summits and involves discussions between the European social partners and the European institutions in the areas of macroeconomics, employment, social protection and education and training. The European bipartite social dialogue takes place in the cross-industry social dialogue committee and 40 sectoral social dialogue committees. The topics of bipartite social dialogue derive from the work programmes adopted by the social partners.
A new development in social dialogue is the conclusion of an agreement by a coalition of social partners from across several sectors as an outcome of the European social dialogue via Articles 154–155 TFEU, as for example in the case of the crystalline silica agreement (111Kb PDF).
In the Communication ‘Partnership for change in an enlarged Europe – Enhancing the contribution of European social dialogue’ (COM(2004) 557) of 12 August 2004, the European Commission proposes a typology of social dialogue outcomes at European level. The Communication distinguishes between:
- agreements implemented in accordance with Article 139(2) (now Article 155(2) TFEU), either by Council decision or by the procedures and practices specific to management and labour in the Member States;
- process-oriented texts: frameworks of action, guidelines and codes of conduct, and policy orientations;
- joint opinions, declarations and tools;
- procedural texts laying down the rules for bipartite dialogue between the parties and the rules of procedures for the sectoral social dialogue committees;
- follow-up reports on the implementation and reporting of so-called ‘new generation’ texts.
A key characteristic of the ‘new generation’ texts is that the European social partners make recommendations to their affiliated member organisation and undertake to follow them up at national level. Strengthening of the interaction between the European and other levels of social dialogue, effective industrial relations systems and strong social partner capacities at national level are considered crucial for ensuring proper implementation of the so-called ‘new-generation’ texts, especially of autonomous agreements.
In quantitative terms, the work of the various social dialogue committees has resulted in the adoption of over 70 joint texts by the cross-industry social partners and approximately 500 by the sectoral social partners up to 2010.
The scope of subjects addressed have evolved considerably and cover topics such as economic growth, quality of work, new technology, education, and vocational training, flexicurity, anticipation of change and restructuring, demographic change, working conditions, health and safety, gender equality and corporate social responsibility.
The social partners also have developed a programme aimed at strengthening the capacity for social dialogue among social partners in the new Member States.
See also: BUSINESSEUROPE; CEEP; collective bargaining; collective industrial relations; employer organisations; ETUC; European collective agreements; European sectoral social dialogue; European social model; European social dialogue and implementation of agreements; European social dialogue via Articles 154-155 TFEU; EU system of industrial relations; framework agreements; representativeness; Social Policy Agenda; UEAPME; tripartite concertation.