EC: Social partners conclude EU-level agreement on stress at work

The EU-level cross-sector social partners have signed a new framework agreement on work-related stress. The accord aims to provide a framework within which employers and workers can prevent stress, identify stress when it is occurring and take steps to eliminate it. It contains suggestions for how to go about doing this. It will be implemented in accordance with the procedures and practices specific to individual countries, rather than by an EU Directive.

Background

A commitment was made to look at the issue of stress at work in the social partners' three-year work programme, covering 2003, 2004 and 2005 (see EC: Social Partners set out three-year work programme), in anticipation of the fact that the Commission was likely to issue a consultation on the issue of stress at work. In their three-year programme, the social partners stated that they would hold a seminar on this issue in 2003, with a view to concluding a voluntary agreement. The European Commission then officially consulted the social partners on the subject of stress at work, using the procedures provided for by Article 138 of the Treaty establishing the European Community (TEC). This Article stipulates that the Commission should consult the social partners on subjects in the social policy field before issuing a proposal. The executive bodies of ETUC, UNICE/UEAPME and CEEP authorised the opening of negotiations in the spring of 2003 and the talks began on 18 September 2003. An agreement was concluded eight months later (see EC: Social policy state of play) and formally signed on 8 October 2004.

The agreement in detail

The signatory parties state that stress can potentially affect any workplace and any worker, regardless of the size of the company, field of activity or form of employment contract or relationship. They maintain that if stress at work is tackled, this can lead to greater efficiency and improved occupational health and safety, resulting in "economic and social benefits for companies, workers and society as a whole".

They state that the aim of the accord is to increase awareness and understanding of work-related stress among employers, workers and their representatives, and draw their attention to signals that could indicate that workers are suffering from stress. They emphasise that they do not want to attach blame, but want to provide a framework to enable employers and workers to identify, prevent and manage stress at work. The accord does not deal with violence, harassment and post-traumatic stress as these issues will be dealt with in separate negotiations.

Definition of work-related stress

The agreement defines stress as "a state which is accompanied by physical, psychological or social complaints or dysfunctions and which results from individuals feeling unable to bridge a gap with the requirements or expectations placed on them." It defines work-related stress as something caused by factors such as work content, work organisation, work environment and poor communication.

It acknowledges that individuals have varying tolerance levels for stress and may react differently at different times of their lives, and that for some, short-term exposure to pressure can be a positive thing. They emphasise that stress is not a disease, but that prolonged exposure to it may reduce effectiveness and cause ill health.

Identifying work-related stress

The accord does not attempt to provide an exhaustive list of potential stress indicators. However, it does list some, including high absenteeism, high staff turnover, frequent interpersonal conflicts or complaints by workers.

When trying to identify whether stress is a problem, a number of factors should be analysed. These encompass:

• work organisation, including working time arrangements, degree of autonomy, the match between a worker's skills and the requirements of their job, and workload;
• working conditions and environment, including exposure to abusive behaviour, noise, heat and dangerous substances;
• communication issues, such as whether there is uncertainty about what is expected from someone at work, a worker's employment prospects, or details of forthcoming changes; and
• subjective factors, such as emotional and social pressures, feelings of being unable to cope and perceived lack of support.

The accord states that once work-related stress has been identified, action must be taken to prevent, eliminate or reduce it and that the responsibility for this rests with the employer. However, any measures should be carried out with the participation and collaboration of workers and/or their representatives.

Responsibilities of employers and workers

An employer has an obligation, under the 1989 framework health and safety Directive (89/391/EEC), to protect the occupational health and safety of its workers. The accord states that this extends to stress at work, if this entails a risk to health and safety. Workers have a general duty to comply with measures put in place by employers to protect their health and safety at work.

The accord suggests that stress at work may be combated by an overall process of risk assessment, a separate stress policy and/or specific measures aimed at tackling identified stress factors.

Preventing, eliminating or reducing work-related stress

The accord sets out measures that employers can use to tackle work-related stress, emphasising that they can be either individual, collective or both. Employers may want to use specific measures targeted at particular problems, or they may want to put in place an integrated stress policy containing both preventative and responsive measures. The accord suggests that, where necessary, external expertise should be called upon, in accordance with EU and national legislation, collective agreements and practices. It sets out examples of measures to combat stress, as follows:

• management and communication measures. These include clarification of company objectives and the role of individual workers, ensuring adequate management support for individuals and teams, matching responsibility and control over work, improving work organisation and processes and enhancing working conditions and the working environment;
• training managers and workers to raise awareness and understanding of stress, its possible causes and how to deal with it, or how to adapt to change; and
• the provision of information to and consultation with workers and their representatives, in accordance with the range of EU Directives, national legislation, collective agreements and practices on this issue.

Implementation and follow up

Article 139 of the TEC gives the signatory parties to an EU-level agreement two options regarding implementation. They can either implement it in accordance with the procedures and practices specific to management and labour in individual countries, or they can ask the European Council to implement it by Council Decision. The signatory parties to this agreement want it to be implemented in accordance with procedures and practices in individual countries rather than by Council decision and give a deadline of three years, ie by 8 October 2007.

Follow-up provisions will be put in place, and will consist of an obligation on the member organisations of the signatory parties to report to the Social Dialogue Committee on the implementation of the accord. The Social Dialogue Committee will, during the three years that follow the signature of the agreement, prepare an annual table summarising its implementation. A full report will be prepared by the Social Dialogue Committee during the fourth year following signature. Any questions on the content of the agreement can be referred jointly or separately by member organisations to the signatory parties, who will reply either jointly or separately. Unnecessary burdens on small and medium-sized enterprises should be avoided when implementing the agreement. The accord also states that its implementation does not constitute valid grounds to reduce the general level of protection afforded to workers in the areas covered by the agreement.

Any time after five years from signature, the signatory parties will, if one of them requests this, evaluate and review the agreement. The accord does not prejudice the right of the social partners to conclude, at the appropriate level, agreements adapting or complementing this agreement.

Reactions and comments

This is the fifth agreement to be concluded by the EU-level cross-sector social partners. The first three (on parental leave, part-time work and fixed-term work) were implemented by Council decision, in the form of a Directive. The fourth, on telework, was implemented in accordance with the procedures and practices specific to member states - this latest agreement will also be implemented in this manner. This could be seen as a shift in the nature of the cross-sector European social dialogue, moving towards implementation at national level, and away from implementation via the legislative route. However, given the general nature of the content of this agreement and its aim to provide a framework within which employers and workers can operate, rather than setting down minimum standards, implementation via the procedures and practices in member states would appear to be a more appropriate means. The accord is also being seen as a way of tackling an issue that needs careful handling and the treatment of which may vary from organisation to organisation.

The signatory parties issued a joint statement on the day the accord was formally signed, welcoming the agreement: "Stress is a concern for both employers and workers. Approximately 28% of European Union workers report work-related stress each year. The agreement we signed today aims at addressing these problems in order to improve the wellbeing of workers and increase companies' efficiency."