Social dialogue in EU enlargement: acquis and responsibilities

2000 ◽  
Vol 6 (3) ◽  
pp. 387-398 ◽  
Author(s):  
Daniel Vaughan-Whitehead

The article presents the different reasons why social dialogue is important in the current EU enlargement process. First because of developments of social dialogue at the Community level, described in the first section, from its establishment in the Treaty of Rome, to Delors' Val Duchesse initiative in the mid-1980s to the new rights for the social partners under the Amsterdam treaty and the new 'macroeconomic dialogue'initiated at the Cologne Economic Summit in 1999. Second, because social dialogue is clearly part of the current legal and institutional acquis, implying important responsibilities for the social partners. The third section discusses the implications for the social partners in the candidate countries. In particular they are called upon to play a more active role in their respective country's accession negotiations, to support implementation of the acquis 'on the ground', and to prepare themselves for participation in European social dialogue. Currently, collective bargaining institutions at both enterprise and supra-enterprise level remain underdeveloped in the CEECs, placing a question mark over implementation of some aspects of the acquis. Social dialogue is an important part of the acquis communautaire, and substantial efforts on the part of governments and the social partners in the candidate countries will be required prior to accession.

2017 ◽  
Vol 10 (2) ◽  
pp. 26-33
Author(s):  
Ada Hurbean

The concept of social dialogue is approached differently at international level. According to the definition proposed by the International Labour Organisation, the social dialogue represents the voluntary information, consultation and negotiation act issued in order to negotiate agreements between the social partners or to negotiate collective agreements. As a concept adopted at EU level, the social dialogue, established by the Treaty of Rome in 1957, is a process of continuous information and consultation between unions and employers, so as to reach understandings regarding the control of certain economic and social variables, both in macroeconomic and microeconomic level. No matter how this concept is understanding, the social dialogue is associated with the transition from a culture of conflict to a culture of partnership with consideration of the common interests of the social partners involved in a broader process of “social cooperation”.


1999 ◽  
Vol 5 (4) ◽  
pp. 522-541 ◽  
Author(s):  
David Foden

This article considers the part played by the social partners in the development of the European employment strategy over recent months, and in particular their role with reference to the European employment policy guidelines for 1999. The guidelines and national implementation reports are central to the "Luxembourg process" defined in the Employment Title of the Amsterdam Treaty (which has been in force since May 1999, though the Employment Title was largely implemented by political agreement from 1997 onwards). Much of the European-level debate on employment during 1999 has concerned the "European pact for employment", which was heralded by the Vienna European Council of December 1998, and which all the relevant actors were urged to support. Agreement on the pact was reached at the June 1999 European Council in Cologne. This article begins, therefore, by describing the different elements which constitute the pact. The role of the social partners in relation to these components, including the Luxembourg process where it is most developed, is set out in the core of the article, with greater emphasis on trade union than employer involvement. The concluding section provides an overview.


2017 ◽  
Vol 5 (1) ◽  
pp. 137
Author(s):  
Ljupcho Petkukjeski ◽  
Marjan Bojadziev ◽  
Marko Andonov ◽  
Zoran Mihajloski

Social dialogue is one of the forms of participation of employees in matters referring to the field of labor or on matters of mutual interest for economic and social policy. Employees in the process of the social dialogue are represented through their union. Social dialogue is a form of communication involving social partners (unions and employers/ employer bodies) intended to affect the contracts and the development of labor issues. This context includes issues relating to participation in various types of negotiations, consultations, exchange of information between representatives of governments, employers and employees on issues of common interest and related to the economic and social policy. Social dialogue is also one of the forms through which employees can participate in decision-making, information and operations of the companies. The main aim of this paper is to clarify the social dialogue as one of the forms of participation of employees in decision making and managing with the companies, and to provide the legal basis for the practical realization.


2003 ◽  
Vol 9 (1) ◽  
pp. 64-87 ◽  
Author(s):  
Maria Lado ◽  
Daniel Vaughan-Whitehead

In their negotiations for accession to the EU, candidate countries have made important social policy commitments. These include the promotion of social dialogue up to EU standards and the application of the principles and values that prevail in this area. Accordingly, governments of candidate countries are trying to promote appropriate conditions for such social dialogue to take place, while social partners are reinforcing their structures to play their full role in the social dialogue process. Nevertheless, there has been little debate about the real objectives of social dialogue in the candidate countries. What is social dialogue for, what has it achieved so far, and why is it so important to develop it further? Who are expected to be the ultimate beneficiaries of social dialogue mechanisms and practices? What implications might current features of social dialogue in candidate countries have in the enlarged European Union? This article provides a first tentative assessment of the coverage of social dialogue - and thus of the effectiveness of social dialogue mechanisms - in the candidate countries.


2020 ◽  
Vol 11 (3) ◽  
pp. 306-313
Author(s):  
Marco Biasi*

This article provides an account of the Italian response to the Covid-19 pandemic in the labour law field. The author focuses on the policy measures in the matters of income support, parental leave, rest and holiday leave, agile working (i.e. teleworking), dismissal, as well as on the special provisions arranged by the social partners and later adopted by the legislator to preserve the health and safety of the employees and also to prevent the spread of coronavirus in the workplace. Ultimately, the author hints at the potential development of employee participation in Italy in the wake of the upsurge of social dialogue during the coronavirus emergency.


2003 ◽  
Vol 9 (2) ◽  
pp. 247-264 ◽  
Author(s):  
Judith Kirton-Darling ◽  
Stefan Clauwaert

This article offers a historical and analytical overview of the development of the European social dialogue at the cross-sectoral and sectoral levels, and examines the potential of European social dialogue. In spite of the substantial institutional and cultural differences between the national industrial relations systems, the national social partners are increasingly facing the common challenges of globalisation and European integration. The European social dialogue has emerged as one of the potential instruments at the disposal of the social partners and European institutions for facing these common challenges. This article presents an evaluation of the development of European social dialogue to date and raises questions about future developments.


2021 ◽  
Vol 3 (4) ◽  
pp. 217-227
Author(s):  
Magdolna Vallasek

"Following the coming into force of the new Social Dialogue Act in 2011, the Romanian collective bargaining system has fundamentally changed due to the restructuring of the levels of collective bargaining and the definition of the representativeness criteria. The collective agreement is the central institution of the collective labour law, the existence or non-existence of it, the content of the agreement being of a real interest for the enforcement of employees’ interest. The new regulation significantly weakened the bargaining power of the social partners, which very soon led to a drastic reduction in the number of the concluded collective agreements. In our study, we try to point out the problematic issues of the Romanian regulation related to the collective agreement, anticipating at the same time the possible new perspectives opened up by the attempt to amend the law."


Author(s):  
Aukje A.H. van Hoek

EU law recognizes the regulatory role of social partners—the bodies representing management and labour—but provides neither a legal nor a fully developed conceptual framework. An output analysis of the texts produced by the social partners demonstrates that they fulfil a variety of functions, both as stakeholders and co-regulators. However, only a small percentage of the documents produced in the European social dialogue have the status of EU collective agreements. It is the latter group which is most interesting from the point of view of regulation. A further analysis tracks the different interactions between EU law and EU collective agreements and highlights the tension between horizontal and vertical subsidiarity created by the REFIT agenda.


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