The sectoral social dialogue in transport: Working time firmly on top of the agenda
Published: 27 August 1998
The European transport sector, which includes road transport, inland navigation, railways, maritime transport and civil aviation, accounts for approximately 3%-4% of EU employment. The European Commission estimates employment figures in the sector to be as follows:
The European sectoral social dialogue in transport has hitherto operated largely through joint committees in the areas of road transport, inland navigation, railways, maritime transport and civil aviation. In recent years, the dialogue has tended to be dominated by the issue of working time, following the passage of the 1993 working time Directive, the subsequent publication of a White Paper on the sectors excluded from the Directive, and 1998's launch of second-phase consultations with the social partners on regulating working time in these sectors.
Introduction
The European transport sector, which includes road transport, inland navigation, railways, maritime transport and civil aviation, accounts for approximately 3%-4% of EU employment. The European Commission estimates employment figures in the sector to be as follows:
road transport - 3,500,000;
rail transport - 965,000;
inland waterways - 45,000;
air transport - 375,000; and
maritime transport - 160,000.
These five parts of the transport sector were among those industries excluded from the 1993 Council Directive on certain aspects of the organisation of working time (93/104/EC). In July 1997, the Commission published a White Paper on the sectors and activities excluded from the Directive, examining the best ways of ensuring protection for the workers concerned (EU9707138N). Subsequently, in March 1998, the Commission launched the second phase of consultations with the EU-level social partners on the content of future legislation to amend the Directive, with the aim of including the excluded sectors and activities (EU9804102N).
Transport was one of the first sectors to be affected by moves towards greater European integration and as a result a formalised social dialogue process was established very early on in the history of the European Community. For the purposes of this dialogue, each transport industry has its own joint committee, while there is also an "intermodal" working group which has the aim of achieving a coherent social policy within the transport sector in Europe. The aim of the sector's social dialogue is to assist the Commission in devising and implementing Community social policy, with a view to improving and harmonising living and working conditions in transport. It also provides an opportunity for employers and employee representatives to be consulted on Community initiatives in the area of transport. Close links therefore exist between the committees and DGVII of the Commission (transport).
The transport joint committees, along with their counterparts in other sectors, are soon to be transformed into "sectoral dialogue committees", according to the Decision attached to the Commission's May 1998 Communication on Adapting and promoting the social dialogue at Community level (EU9806110F). The new committees, it is planned, will provide a single, streamlined model for dialogue in all sectors.
Below, we look at the development and current priorities of the sectoral social dialogue in each of the transport industries.
Road transport - history and framework of the dialogue
Road transport is by far the largest of the transport industries. It covers passenger transport as well as road haulage and own-account transport. The latter is the largest in terms of employment, with passenger transport being the smallest.
The Joint Committee on Road Transport was originally established in July 1965. Employee interests in the sector are represented by the Federation of Transport Workers' Unions in the European Union (generally know by its French abbreviation, FST) - previously the Committee of Transport Workers' Unions of the European Community. FST currently represents 86 transport trade union organisations from 19 member countries of the EU and EFTA.
European road transport employers are represented by the International Road Transport Union (IRU) for the purposes of the sectoral social dialogue. The member associations of the IRU represent the passenger transport sector, the professional goods transport sector and own-account transport. It is estimated that the organisation represents approximately 600,000 companies.
A significant part of the Joint Committee's activity lies in monitoring all Community-level policy affecting the transport sector. The impact of such measures on employment and working conditions in the sector are a particular concern. From the mid-1980s to the early 1990s, debates were significantly shaped by two basic documents: Council Regulation (EEC) No 3820/85 on the harmonisation of certain social provisions in the field of road transport; and Council Regulation (EEC) No 3821/85 concerning monitoring equipment in the area of road transport. On the basis of these Regulations, discussion mainly focused on the following issues:
vocational training;
heath and safety;
working time and working conditions; and
working time monitoring arrangements.
In 1995/96 a study was carried out on initial and continuing vocational training in the sector (run jointly with DGXXII). Similarly, a study was carried out which looked at the situation in the industry with regard to working time, driving time and rest time for drivers, as well as checks and penalties in the various Member States.
A further continuing concern has been with technological developments in relation to the monitoring of driving time and conditions.
Discussions between the social partners in the Joint Committee on Road Transport have led to the formulation of a number of joint texts - listed in Table 1 below.
| Joint text | Date |
|---|---|
| Joint opinion on dimensions of cabins | 20 February 1990 |
| Opinion on the proposal for a Council Regulation laying down the definitive system under which non-resident carriers many operate domestic road haulage services within a Member State | January 1992 |
| Joint opinion on working safety standards of commercial road transport vehicles | 28 February 1992 |
| Opinion on the Commission proposal for a Council Directive concerning the minimum health and safety requirements for transport activities and workplaces on means of transport | 24 February 1993 |
| Joint report on the organisation of working time in the Member States | 17 January 1996 |
Current priorities
Discussions on ending the exclusion of the sector from the working time Directive dominated the activities of the Joint Committee in 1997, as well as in the first half of 1998. Road transport is by far the largest sector not covered by the Directive, although own-account transport workers, who make up the largest proportion of workers the industry, are already covered by the Directive. In addition, there are already other regulations applicable to the sector. Regulation 3820/85, for example, specifies maximum daily driving periods of nine hours, which may be extended twice in any one week to 10 hours. Drivers are required to take breaks of at least 45 minutes every 4.5 hours' driving. Daily rest periods of 11 hours may be reduced to a minimum of nine consecutive hours not more than three times in any one week (compensatory rest must be given in the following week).
The Commission White Paper on the sectors excluded from the Directive argues that - in contrast to the working time Directive - the aims of Regulation 3820/85 are more wide-ranging than health and safety. The Regulation mainly aims to harmonise the conditions of competition across all types of road transport operators and to improve road safety and working conditions in general. The Regulation applies not only to employees, but also to self-employed drivers. However, Regulation 3820/85 does not specify maximum hours for activities other than driving, such as the loading and unloading of vehicles. This can lead to very long overall working hours. In addition, there are many exclusions and possibilities of further exceptions from the Regulation. The White Paper therefore argued that further regulation was necessary to harmonise rules on working time, as current divergences were seen to lead to distortions of competition. The Paper attributes the high incidence of industrial disputes in the sector partly to the existence of these distortions, which - it argues - therefore need to be remedied through Community action. The Commission argued that the provision for consecutive daily rest periods as specified in the working time Directive were the most appropriate way of dealing with this issue. It also saw no reason why the provisions on paid leave and health assessment for night workers, as well as guarantees of adequate rest and a maximum number of hours worked per year, as laid down in the Directive, should not apply to mobile workers.
The social partners in the road transport industry started to negotiate on working time in November 1997. In early July 1998, the partners reached a joint text in relation to working time in the industry. However, this text has so far failed to gain the approval of all national affiliates. More recent discussions indicate a willingness to proceed along the lines of the "German model" for the implementation of the working time Directive - German legislation to implement the Directive did not exclude road transport. Under these regulations, while non-driving time is taken into account for the purposes of pay, it is not counted for the purposes of calculating working time under the Directive. A further meeting between IRU, FST and the Commission was to be held before the 1998 summer recess to seek to resolve the issue.
Inland waterways - history and framework of the dialogue
As mentioned above, approximately 45,000 people work in the inland waterways transport sector. Of these, 35,000 are employees, with the rest being small operators owning between one and three vessels. Many of the small operators not only use their vessels for business purposes, but also see their boat as their permanent home.
Inland navigation accounts for approximately 10% of the total volume of goods transported in the European Union, and inland waterways are often used for transporting bulk products. However, this form of transport is clearly of much greater significance in some Member States than in others. In the early 1990s, the Commission estimated that there was an overcapacity of approximately 15% in the sector. Following proposals made by the Commission to the Council of Ministers in May 1995, measures were taken seeking to reduce this overcapacity by scrapping vessels. It was hoped that this would make the sector more competitive in the long term. However, it clearly also had an impact on employment in the sector.
A social dialogue has occurred in the industry since 1967 (between 1967 and 1980 in the form of a joint advisory committee and subsequently as a joint committee). Employees are again represented by FST while employers' views are represented by the International Union for Inland Navigation (IUIN) and the European Shippers' Organisation (ESO). IUIN represents member organisations in Austria, Belgium, Germany, France, Luxembourg, Italy, the Netherlands and Switzerland, mainly among the larger operators. ESO, on the other hand, represents 90% of self-employed shippers, particularly from Belgium, France, Germany and the Netherlands.
Priorities in the sectoral social dialogue have been initial and continuing training (an exchange programme for students in the Netherlands and Germany was organised in 1992 under the PETRA programme), health and safety and the impact of restructuring in the sector.
Between the late 1980s and the mid-1990s, the employer and trade union representatives reached a number of joint opinions, listed in Table 2.
| Joint text | Date |
|---|---|
| Conclusions of the working party on living and working conditions | 21 January 1988 |
| Opinion on a draft Directive on the reciprocal recognition of boatmasters' certificates | 21 January 1988 |
| Conclusions of the working party on vocational training | 21 January 1988 |
| Proposal to the Commission for a Regulation applicable to passenger and goods vessels plying the Community's inland waterways with the exception of the Rhine | February 1993 |
| Joint opinion concerning a European market organisation system of the inland waterways sector | 4 March 1993 |
| Resolution concerning the economic situation in the inland waterways sector in Germany, France and the Benelux countries, and measures to organise the transport market and to monitor the equality of social treatment | 2 December 1994 |
Current priorities
Employer and trade union representatives in the Joint Committee on Inland Navigation decided to enter into negotiations on working time in the industry as early as 1994. A draft agreement, submitted by the trade union side in late 1993, followed the provisions of the working time Directive closely (apart from providing for 10 hours consecutive rest instead of 11). Negotiations broke down in early 1995, when employers refused to accept that the principle of working time should also apply to small operators. In its White Paper, the Commission expressed its intention to submit a proposal to the Council in 1998 to regulate working time in the sector. This is to be inspired by the Rhine Convention, which already lays down rest time for crews operating on Europe's busiest inland waterway.
Other current priorities in the sectoral social dialogue process include the provision of a study on the social dimension behind the economic data available on the sector. As the system of guaranteed prices in the industry is to be abolished in 1999, this is likely to be an important subject of discussions.
Railways - history and framework of the dialogue
Figures from 1995 indicate that the rail industry employed approximately 1 million people across the European Union, ranging from train drivers to maintenance workers to station staff. The industry incorporates freight as well as passenger transport. Although railway companies remain state-controlled in a number of Member States, recent years have seen increasing moves towards privatisation. This has significantly affected employment and working conditions in the industry.
The Joint Committee on Railways was established in 1972, though its work was interrupted for six years between 1976 and 1982. Again, employee interests are represented by FST, while the Community of European Railways (CCFE) brings together railway operators.
The main focus of debates has always been on the social aspects of European transport policies, From the early 1990s, the social dialogue has concentrated on Directive 91/440/EEC on the development of the Community's railways and the impact of its implementing Directives. The Directive provided the initial impetus for restructuring in the sector and made possible the break-up of national networks and the division of management and operational functions.
Other priorities have included vocational training and working time. Training issues particularly revolve around the "interoperability" of different national rail systems (particularly in relation to high-speed trains).
The Joint Committee has reached a significant number of joint texts, listed in Table 3.
Current priorities
In its White Paper on the sectors excluded from the working time Directive, the Commission highlighted the particular problems facing the railway industry in the absence of a European regulatory framework on working time, in light of the increasing liberalisation of the market. In September 1996, the Joint Committee reached an agreement that the provisions of the Directive should apply to all workers in the industry, including mobile workers, with appropriate adjustments to the derogation set out in the Directive. In the White Paper, the Commission therefore argued that, because of the high level of commonality of opinion between employer and employee interests, there was no reason for the derogation to continue to apply to the sector.
There are also currently two working groups within the Joint Committee looking at the social consequences for the industry of Directive 91/440/EEC.
Maritime transport - history and framework of the dialogue
The Community maritime transport sector's share of the total world fleet has been declining steadily (EU9802182F). Together with increasing concentration and deregulation in the sector, this has led to a substantial decline in the number of employees. Since 1980, the number of EU nationals working in the sector has declined by nearly 130,000 and currently stands at around 153,730.
The Joint Committee on Maritime Transport was set up in July 1987 (following more than a decade of informal contacts). Employee interests are represented by FST, while employers are represented by the European Community Shipowners' Association (ECSA).
The social dialogue in the sector has largely focused on the issues of employment, health and safety and working time. The joint texts that have been agreed so far are set out in Table 4.
| Joint text | Date |
|---|---|
| Statement on the Commission proposal for a Council Directive on the minimum health and safety requirements for improved medical treatment on board vessels | 24 January 1991 |
| Statement on VAT and duty free | 10 December 1991 |
| Statement on the report of the group Transport 2000 Plus | 10 December 1991 |
| Statement on positive measures | 11 December 1992 |
| Joint statement on the consultation of the social partners in the context of the social protocol | 28 January 1994 |
| Statement on training | 14 June 1996 |
| Joint opinion on the organisation of working time | October 1996 |
| Joint statement on the follow-up to the Dublin conference: Is the EU seafarer an endangered species? | 29 January 1997 |
Current priorities
In December 1997, FST and ECSA reached an agreement on maximum working hours and minimum rest periods in the maritime transport sector (EU9802182F). This agreement was reached in response to the exclusion of the sector from the working time Directive. The agreement was put to the Commission with the request for it to be given legal effect through a Council Directive.
The Joint Committee is now to resume discussions on the follow-up to the Dublin conference on the "future of seafarer". Another priority is vocational training. A study carried out on vocational training in the sector will be followed up soon.
Civil aviation - history and framework of the dialogue
As stated above, there are approximately 375,000 people working in air transport, of whom 20% are flight crews. In recent years, there has been increasing competition between providers, mergers between existing airlines and the emergence of new providers, which have begun to change the face of the industry across Europe and worldwide.
The Joint Committee on Civil Aviation was the last of the transport committees to be established and dates back only to 1990. As in the other transport committees, employee interests are represented by FST. Company interests are represented by a number of employer organisations active at European level: the Association of European Airlines (AEA) could be seen to represent the (previously) state-owned airlines across Europe; the European Regional Airline Association (ERA), as the name suggests, represents the interests of regional airlines in the EU; the Independent Air Carriers in the EC (ACE) is the European branch of the International Air Carrier Association; the Air Charter Carriers of the EC (ACCA) represents charter companies; and the Airports Council International (ACI) Europe defends the interests of almost 300 airports in 43 countries.
The social dialogue in this industry is clearly the most complex, not only as a result of the variety of organisations representing employer interests. Much of the time allocated to meetings of the Joint Committee is taken up with discussion on DGVII policy in relation to civil aviation. However, as a result of the restructuring of the industry, employment and working conditions are increasingly becoming important subjects of discussion within this forum. The joint texts agreed so far are set out in Table 5.
Current priorities
In 1996 a study was carried out on the social effects of changes affecting the civil aviation sector.
Working time is a particularly important concern in an industry where long working hours are often aggravated by the need to cope with changes in time zones, high levels of responsibility and particularly stressful and hazardous working conditions. In relation to the sector's exclusion from the Directive, agreement has already been reached within the Joint Committee that the provisions of the Directive should apply to ground staff. According to the Commission White Paper, similar discussions in relation to flight crews were hampered by disagreements over the inter-relationship between these discussions and parallel discussions within the Joint Aviation Authorities on the limitation of flying duty periods for flight and cabin crew. Agreement has now been reached to start negotiations on this matter.
Another priority in the sectoral social dialogue is vocational training, particularly in relation to customer services. The social partners have expressed the desire to establish a working group on vocational training.
Commentary
The sectoral social dialogue in the transport sector differs significantly from the social dialogue processes in, for example, commerce (EU9807115F) and the cleaning industry (EU9710153F). Because of the impact of Community transport policies framed by DGVII of the Commission on employment and working conditions in the sector, much time is taken up by discussions on these policies, which means that less time has been devoted to employment and training issues. Because of the nature of employment in the sector, health and safety issues are also often at the forefront of debates. However, particularly in the last two years, discussions have been significantly dominated by the question of the regulation of working time in the sector, which was excluded from the working time Directive. The issue of exclusion is currently being revived, with the Commission launching second-stage consultations with the social partners. As shown above, in most of the transport industries, the sectoral social partners have already reached agreements aimed at ending this exclusion. (Tina Weber, ECOTEC Research & Consulting Ltd)
Eurofound recommends citing this publication in the following way.
Eurofound (1998), The sectoral social dialogue in transport: Working time firmly on top of the agenda, article.
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