EC: Sectoral social dialogue gaining momentum

The European-level sectoral social dialogue has now produced a considerable number of agreements and joint texts on a broad range of issues. These texts cover issues such as working time, the modernisation of work, labour standards, equal opportunities, health and safety and working conditions. In this feature, we look at recent developments.

The European-level sectoral social dialogue has been gaining considerable momentum over the past three years. The framework within which the sectoral dialogue operates was overhauled by the European Commission in 1998, based on many of the findings of a Commission review of the process, carried out in 1996. One of the key reforms, implemented by Council Decision, was to overhaul the former structure, comprising joint committees and informal working parties. The Commission stated that these had become over-institutionalised and had retained operational methods that had outlived their usefulness.

This system was therefore replaced by a system of sectoral dialogue committees, which now constitute the key forum for sectoral social dialogue. These committees may be set up in all sectors where sufficiently representative social partner organisations jointly submit such a request.

New sectoral dialogue structures

According to data from the European Commission, a total of 26 sectoral social dialogue committees are currently in place, with informal activities ongoing in a further nine sectors. This compares with a total of 11 joint committees, nine informal working groups and seven unstructured groups in existence under the pre-1998 framework. A number of sectors have simply re-established their former joint committees as sectoral dialogue committees. These are essentially agriculture, the rail sector, inland navigation, fisheries, postal services, telecommunications, air transport, maritime transport and road transport. For details, see table 1 below. The steel sector is currently preparing the transition from a "mixed committee", established under the Treaty establishing the European Coal and Steel Community, to a sectoral dialogue committee under the Treaty establishing the European Community.

Some sectors have established sectoral dialogue committees where previously there were either informal working groups or unstructured groups. Essentially, these are: insurance; banking; wood; footwear; commerce; construction; hotels, restaurants and catering (horeca); cleaning; private security; and textiles.

The sectors which have, under the post-1998 structures, established totally new sectoral dialogue committees where there were previously no formal or informal groups are furniture, culture, the temporary work sector, personal services and the leather industry. The newest of these committees was set up in the furniture sector. In the gas sector, where there were previously no structures in place, activity is now ongoing although a formal social dialogue committee has not been constituted.

In a number of sectors, such as steel, the car sector, chemicals, the graphic industry, media, mining, public administration and local public services, informal activities are ongoing and the Commission expects, at some point, to receive a request to set up a sectoral dialogue committee. A resolution aimed at institutionalising the social dialogue in the chemicals sector was recently passed at the European Mine, Chemical and Energy Workers' Federation (EMCEF) conference in December 2001. In this sector, although there is no whole-sector sectoral dialogue committee as yet, an agreement to set up a permanent social dialogue process in the PVC industry, a sub-sector of the chemicals industry, was concluded in October 2000.

Shipbuilding and the distribution and repair of cars are also discussing the launch of social dialogue in their sector.

The Commission recently received a request for a dialogue committee from the local public services sector but no formal decision has yet been taken. Preparatory talks have also been taking place in the football and sport sector, but no clear structural sectoral dialogue framework has as yet emerged in this sector.

Sectoral texts

The social dialogue process is very active in a number of sectors, with discussions and joint texts emerging on a range of issues. The main topics discussed within the framework of the sectoral social dialogue include employment, training, change management, labour rights, equal opportunities and health and safety. The most important joint texts have been documented in the news pages of EIRR over the past few years. A round-up of key texts concluded during 2000 and up to October 2001 is set out in table 2 below.

Enlargement

One theme which has been gaining importance in recent months is the implications of EU enlargement. Sectors that have recently held talks on this issue include insurance, footwear, telecommunications, banking, commerce and textiles. Talks in the cleaning sector resulted in a common declaration on enlargement in 3 April 2001. In the live performance branch of the media, entertainment and arts sector, a social dialogue meeting on 12 November 2001 launched a joint project aimed at integrating unions and employers from candidate countries into the sectoral dialogue committee. A conference on enlargement was held in the postal sector on 14 December 2001. Five round-table meetings have also been held in candidate countries in the banking sector.

One of the main general problems with social dialogue on this issue has been the fact that only 5% of the total social dialogue budget may be put towards enlargement. However, this is now likely to change as the European Parliament recently accepted a Commission proposal to increase this limit.

Corporate social responsibility and fundamental rights

Corporate social responsibility is another issue currently occupying the social partners in many sectors. There have already been a number of accords on this issue (see table 2 above) and negotiations are ongoing in a range of other sectors, such as textiles and personal services.

In fisheries, the social partners have recently adopted a joint opinion recommending to the European Commission that it include a social clause in agreements in the fishing industry between the EU and third countries.

Fundamental rights, an issue related to corporate social responsibility, is currently the subject of discussions in sectors such as hotels, restaurants and catering. In the footwear sector, a code of conduct on this issue was concluded on 17 November 2000.

Modernisation of work

Many sectors are discussing issues related to the modernisation of work. For example, the private security sector is preparing a joint analysis which is subsequently expected to lead to a joint recommendation. This sector produced a joint declaration on this issue on 11 July 2000.

Teleworking

This has been a major theme for discussions over the past few months, taking as its starting point the European Commission's first consultation of the social partners on the modernisation of work, in June 2000 and its second consultation, which focused specifically on telework, in March 2001 (EIRR 327). The intersectoral social partners are currently engaged in negotiations, which began in October 2001 (EIRR 334) for a European-level agreement on this issue. Voluntary guidelines on this issue were signed in the telecommunications sector on 7 February 2001. Furthermore, a voluntary agreement was signed in the commerce sector on 26 April 2001.

Training

The issue of continuing training has been occupying the social partners in many sectors. At intersectoral level too, the social partners are working towards a joint text, to be finalised by the spring of 2002 (The future of the European social dialogue). Sectors currently looking at this issue include banking, footwear, leather, textiles, cleaning and maritime transport.

In the fishing sector, the social partners concluded an accord on the mutual recognition of qualifications on 20 December 2000, while in the entertainment sector, a common declaration on continuing training was concluded on 27 May 2000. In the sugar sector, a joint declaration on apprenticeship was reached on 13 November 2000.

Health and safety

Numerous sectors have been discussing this issue in recent years, including fishing, gas, telecommunications and personal services. The agriculture sector produced two safety manuals for workers on 8 November 2000, while the construction sector has produced a common declaration on two EU Directives affecting health and safety in that sector. A multimedia training tool on health and safety exists in the sugar industry.

Equal opportunities

A number of texts in this area were drawn up during 2000 and 2001. These include a common declaration on the fight against racism and xenophobia, concluded on 15 May 2000 in the commerce sector and best practice anti-discrimination guidelines concluded in the postal services sector on 30 November 2000. Further, the textiles social partners are currently working on a set of best practice guidelines on the employment of women in the sector. A manual on equal opportunities was published in September 2001 in postal services.

On the issue of older workers, the commerce sector social partners - EuroCommerce for employers and Uni-Europa Commerce for trade unions - spent most of 2001 preparing an accord on the treatment of older workers. Signing of this text is scheduled for February or early March 2002.

Social accompanying measures relating to restructuring

A number of committees are focusing on specific social problems related to the structural changes taking place in their sectors. For example, the railways commit-tee is currently discussing ways in which to provide social legislation for people working in cross-border operations. The number of these workers will increase once the inter-national freight market is opened up from 15 March 2003.

Sector-specific themes

A number of sectors are using the social dialogue process to actively pursue a range of sector-specific themes. For example, the social partners in the civil aviation sector met on 3 December 2001 to discuss the social and employment impact of the events of 11 September 2001 on their sector. Further, the social partners in the electricity sector have been successful in devising a common declaration, on 7 November 2000, on the employment impact of the liberalisation of that sector.

Finally, on 13 December 2001, the social partners in the private security sector - CoESS and Uni-Europa - signed a joint declaration on the European harmonisation of legislation governing the private security sector. The main aim of the declaration is to improve the quality of services and of employment in the sector and to take full advantage of the internal market. The parties state that they believe that a European-level harmonised regulatory framework should be set up to cover a range of issues in the sector, including working conditions, health and safety, authorisation to work, professional training and the provision of cross-border services. The parties also agreed to begin negotiations on a code of conduct and ethics and to look at the possibility of concluding framework accords in the future.