VOICE OF THE
WORKERS ISSUE 19 may 2014
Contents
Both sides of the Coin As the proverb goes, it takes two to tango. Trade Unions and employers’ organisations were traditionally warring factions, each trying to score over the other, with a win-lose situation being a very likely outcome. However, the social partners need to be seen as two sides of the same coin. Both sides of a coin are different. But for that coin to make sense and be of any use, the value has to be the same on both sides. And a coin with just one side to it is rendered practically useless. This is the value of bi-partite social dialogue. We need each other VOICE OF THE
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to achieve success. However, the effectiveness of this social dialogue is dependent on a number of prerequisites. One of these, for example, is the aspect of collaboration between organisations on the same side of the coin. In order to provide the best possible basis for dialogue, there has to be more collaboration amongst trade unions. We need to invest more in making a shift in how unions perceive each other, and how they can work more together for the increased welfare of their members. It is our responsibility to achieve this. Failing to do so
Can we build bridges?
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European Social Dialogue
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Bipartite Dialogue at EU level
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Bi-partite dialogue: A vital instrument
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Cross-industry Bipartite Social Dialogue
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Editor’s note josef Vella will work against the interests of the workers we represent, and weakens the social dialogue process in general. In the relationship between Unions and Employers’ organisations, UHM feels that there is the need for both sides to elevate the basis of our discussions by using facts rather than emotions. The cries of families going hungry on one side, and the tragic consequences of a company losing its profits, need to be put into perspective. They cannot keep being used as emotional trump cards, as over1
EDITORIAL
use of such perspectives often results in a cry-wolf syndrome; where these emotional arguments are over-sued, they lose their credibility; and when these situations can really develop, they are taken lightly. For effective bi-partite social dialogue, both sides need to be more aware of the other’s legitimate concerns. Experience
and research show that empathy is one of the major tools of effective negotiation. It is perhaps the most important aspect of negotiating towards a winwin situation. To sharpen our empathic skills, we need to make a conscious effort at developing our listening skills, not just our oratorical ones. Effective bi-partite social dialogue
can move up to another level through better awareness and training. We need to invest in ways to increase collaboration and trust. The basis of the success of bi-partite social dialogue is that there may be unity in diversity. If the coin of bi-partite social dialogue is to keep and increase its value over time, we need to make it happen together. That’s why it takes two to tango.
Can we build bridges? Rather than shouting at each other from opposite sides, can we try building bridges, move freely from one side to the other, and become empathic to each other’s needs? Bi-partite social dialogue is a vital contributor to progress, prosperity and an economy with a more human face. We need to invest more to make this social dialogue an effective one. Dialogue needs to be based on empathy, trust, and positive efforts at developing a win-win situation. This is achievable if we really become aware of its advantages. VOICE OF THE
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feature story
European
Social Dialogue Social dialogue refers to communication involving the social partners (trade unions and employers) intended to influence the arrangement and development of a variety of issues related to work. Social dialogue can involve direct relations between the social partners themselves (“bipartite”) or relations between governmental authorities and the social partners (“tripartite”). Social dialogue can involve the process of negotiation, consultation or simply an exchange of views and ideas between the social partners and government. This includes relations between trade unions and management, with or without direct government involvement. European Social Dialogue is the name given to the bipartite work of the social partners. This has brought many results, notably the adoption of some 60 joint texts by the interprofessional social partners: this process supplements the national social dialogues existing in the majority of the Member States.
At first, the bipartite activities resulted in the adoption of resolutions, declarations and joint opinions, but were not binding. After 1992, the agreement between the social partners was annexed to the Maastricht and the Amsterdam treaty. There were agreements on parental leave in 1996 revised in 2009, on parttime work in 1997, and on fixedterm contracts in 1999) via Council directives. There were other framework agreements whereby implementation at the national level was entrusted to the social partners themselves. This fresh approach allowed the conclusion of three important framework agreements on teleworking (2002), work-related stress (2004), harassment and violence at work (2007) “inclusive labour markets” (2010), a framework of actions for the development of lifelong skills and qualifications (2002) and a framework of action on equality between men and women (2005). In March 2006, the social partners committed themselves to action in various areas, including harassment
and violence at work, managing change and building social dialogue in the new EU member states. 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. With a background of the economic crisis throughout Europe, the European Social Dialogue has brought unions and employers together to discuss and find ways of not just mitigating the crisis, but emerging from it as a more efficient and equitable Europe.
Sources: ETUC/Eurofound VOICE OF THE
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MEUSAC
Bipartite dialogue
at EU level A healthy consultation process between representatives of employers and employees is highlighted in one of the fundamental treaties of the European Union. The Treaty on the Functioning of the EU (TFEU) also refers to the importance of social dialogue and gives the power to social partners to issue opinions or recommendations to the EU institutions. In reality, the EU probably adopts the most effective and powerful model of a bipartite dialogue. The European Commission is obliged to consult the representatives of management and labour whenever it presents policy in the field of social policy. The Commission is responsible to facilitate the discussions between the two sides and make them reach an agreement through negotiations.
Today’s model of the bipartite social dialogue was initially promoted in 1985, during the administration of Jacques Delors, the eighth President of the European Commission known as the Delors Commission. The European Trade Union Confederation (ETUC) remarks that Delors’ contribution helped the EU to recognise the valid contribution of social partners and organised the consultation process into an official and structured negotiating forum.
workers’ group, two belong to the employers’ group and one member belongs to the various interests group.
At present employers and employees are joined by members of the civil society in the European Economic and Social Committee (EESC). The Committee is made up of representatives from the Member States, elected for a term of five years by the national governments. Malta has five members in the EESC: two of which belong to the
The model of bipartite dialogue has certainly strengthened the voice of employers and employees at EU level. The EU is convinced that consultation with the two is the way forward. It plans to continue giving social partners the importance they deserve, therefore giving them all the relevant support without jeopardizing their autonomy.
Discussions take place either on general issues affecting the groups or specific issues affecting only a relatively small part of the industry. For this particular reason, in 1998, the Commission established the sectoral dialogue committees to address the challenges within the different sections of employment.
MEUSAC 280 Republic Street, Valletta VLT 1112 Tel: +356 2200 3315 • Fax: +356 2200 3329 • Email: info.meusac@gov.mt www.meusac.gov.mt VOICE OF THE
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MCESD
Bi-partite dialogue
A vital instrument
The development of Social Dialogue has proven to be a vital instrument in keeping industrial peace and strengthening economic growth both in Malta as well as in Europe The involvement of social partners, both nationally as well as at a European level is essential so as to help bring about necessary reforms and implementation of new policies which foster economic growth and social cohesion. Bi-partite dialogue is one involving the social partners only. Normally in this type of dialogue, stakeholders get together and discuss particular issues after which they put proposals to the Government or necessary authorities. The bi-partite dialogue structure is the one which is adopted by the European Economic and Social Committee wherein Employers, Unions and Civil Society make proposals to
the European Commission on various policy areas. In Malta one finds a system of tripartite dialogue wherein dialogue takes place between employers’ organisations, trade unions and Government. The agendas of the Council and its Committees are very much influenced by on-going national developments which the social partners feel require discussion. Since Government forms part of the Council, it also puts forward topics for discussion upon which national policy is often formulated. The Council, throughout the years, has helped in strengthening the relations between its members and this has contributed to industrial
peace and cohesion in Malta. The Council has been instrumental in the implementation of various initiatives in the country including the industrial relations act. One might say that the tripartite system is a more inclusive system since Government is involved; others say that the bi-partite system is a better system. In Malta, within MCESD we also have another two stakeholders involved namely Civil Society and Gozo Region. Social Dialogue is key in the improvement of policy formulation and implementation and it has role to play in the milieu of national socio-economic development.
MCESD 280/3, Republic Street, Valletta, VLT1112 Tel: (+356) 2200 3300 www.mcesd.org.mt VOICE OF THE
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Cross-industry Bipartite Social Dialogue EESC European Economic & Social Committee Informative newsletter April 2014 In this month’s issue : • Act 4Growth: not a gender issue, but an economic imperative; • Transatlantic Trade and Investment Partnership by Jacek Krawczyk, President of the Employers’ Group; • The time has come to put citizens at the centre of the European Union. Interview with Henri Malosse, EESC president; • The European elections, viewed from three perspectives; • Vote if you want something to change; More information available at: • The EESC and the European Parliament – two http://tinyurl.com/len3yfl institutions, one objective: a stronger Europe; • A global partnership: from a century of fragility to Civil Society Prize “The integration of Roma” one of sustainability; The 2014 prize will reward initiatives carried out by civil • No success in national politics without a European society organisations and/or individuals and aimed at perspective. Interview with Peter Clever. improving the economic and social inclusion of Roma. Cross-industry bipartite social dialogue established in 2013 Representatives of the most relevant social partners in industry and construction in Slovakia have signed a contract of cooperation which establishes the basis for cross-sector bipartite social dialogue. Its goal is to develop a mechanism for regular consultation between representative employers and their partner trade unions in the respective sectors. The Ministry of Labour, Social Affairs and Family has welcomed the establishment of cross-industry bipartite dialogue.
The aim of the Civil Society Prize, which is awarded annually, is to reward and encourage tangible initiatives and achievements by civil society organisations and/or individuals that have made a significant contribution to promoting European identity and integration. Its overall objective is to raise awareness of the contribution that civil society organisations and/or individuals can make to the creation of a European identity and citizenship in a way that underpins the common values that shore up European integration.
The newsletter is available here: http://preview.tinyurl.com/l9ma4hf
High-level conference on social policy innovation The European Commission is organising a high-level conference on social policy innovation in Brussels on 19-20 May 2014. The conference will focus on the role of social policy innovation and social investment in implementing structural reforms at country level and delivering on the Europe 2020 objectives. Commissioner László Andor will open the conference, The prize, which has a total value of 30.000 € and will which is structured around four thematic sessions: be awarded on 16 October 2014, is open to civil society • Social policy reforms: the role of social policy organisations officially registered within the European innovation, social investments and knowledge-sharing Union and acting at European, national, regional or • Social policy innovation: using the potential of ESI local level. It is furthermore open to individuals. Funds • Partnerships for innovation in social policies The deadline for submitting • Evidence-based research relevant for policy making applications is 15 June 2014 • Participants to the event include EU and national For more information check on: decision-makers, stakeholders from the public http://tinyurl.com/p2ggvbt and private sectors, civil society organisations, leading experts and researchers. Participation is by invitation. For more information, please contact EMPL-SPI-CONF-2014@ec.europa.eu. More information available here: http://tinyurl.com/p37vky5 VOICE OF THE
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Events
Civil Society Prize
Information and documents
Bipartite Social Dialogue is fundamental to the social and economic success of the European Union. The Brussels Office of the Confederazione Italiana Agricoltori has prepared information and events relevant to the subject, as well as an interesting prize linked to social integration.
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Operational Programme II - Cohesion Policy 2007-2013 Empowering People for More Jobs and a Better Quality of Life Project part-financed by the European Union European Social Fund (ESF) Co-financing rate: 72.25% EU, 12.75 MT, 15% Private Funds Investing in your future VOICE OF THE
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