scholarly journals SOME ASPECTS REGARDING THE EUROPEAN SOCIAL DIALOGUE

2017 ◽  
Vol 10 (2) ◽  
pp. 26-33
Author(s):  
Ada Hurbean
Keyword(s):  
Social Cooperation ◽  
Social Variables ◽  
International Labour Organisation ◽  
Social Dialogue ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners ◽  
Common Interests ◽  
Treaty Of Rome ◽  
The Common

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”.

European social dialogue: an instrument in the Europeanisation of industrial relations

2003 ◽  
Vol 9 (2) ◽  
pp. 247-264 ◽  
Author(s):  
Judith Kirton-Darling ◽  
Stefan Clauwaert
Keyword(s):  
European Integration ◽  
Cultural Differences ◽  
Industrial Relations ◽  
Social Dialogue ◽  
Future Developments ◽  
European Institutions ◽  
The Social ◽  
Social Partners ◽  
The Common ◽  
The Cross

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.

scholarly journals A kollektív munkaszerződés szabályozásának problémái Romániában

2021 ◽  
Vol 3 (4) ◽  
pp. 217-227
Author(s):  
Magdolna Vallasek
Keyword(s):  
Collective Bargaining ◽  
Bargaining Power ◽  
Collective Agreement ◽  
Labour Law ◽  
Drastic Reduction ◽  
Social Dialogue ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners ◽  
Definition Of

"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."

scholarly journals The Social Dialogue as a Source of EU Legal Acts—Past Performance and Future Perspectives

2018 ◽  
Author(s):  
Aukje A.H. van Hoek
Keyword(s):  
Point Of View ◽  
Eu Law ◽  
Past Performance ◽  
Output Analysis ◽  
Social Dialogue ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners ◽  
The Status

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.

Social dialogue in EU enlargement: acquis and responsibilities

2000 ◽  
Vol 6 (3) ◽  
pp. 387-398 ◽  
Author(s):  
Daniel Vaughan-Whitehead
Keyword(s):  
Active Role ◽  
Eu Enlargement ◽  
Acquis Communautaire ◽  
Question Mark ◽  
Social Dialogue ◽  
Amsterdam Treaty ◽  
The Social ◽  
Social Partners ◽  
Enterprise Level ◽  
Treaty Of Rome

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.

Social Dialogue Under Globalization in Nigeria: Does Democracy Add Value?

2007 ◽  
Vol 5 (1) ◽  
Author(s):  
Ifeanyi P. Onyeonoru ◽  
Kehinde Kester
Keyword(s):  
Industrial Relations ◽  
Work Place ◽  
Consensus Building ◽  
International Labour Organisation ◽  
Labour Relations ◽  
Social Dialogue ◽  
Modest Contribution ◽  
Social Partners ◽  
Oil Sector ◽  
The Government

Social dialogue as an aspect of the International Labour Organisation (ILO) is aimed at promoting industrial democracy by encouraging consensus building among social partners in the work place. The significance lies, among others, in minimising conflicts to enable harmonious industrial relations. This study utilized specific case illustrations to examine the inclination of the Nigerian government towards social dialogue in government-labour relations, with particular reference to the Obasanjo era 1999-2007— a period associated with the globalization of democracy. The cases included the minimum wage award 2000, University Autonomy Bill, the price deregulation of the downstream oil sector and the Trade Union Amendment Bill 2004. It was found that the government exhibited a penchant for authoritarianism in spite of the globalization of democracy. This was evident in the incapacity of the Obasanjo government to engage the social partners in social dialogue as indicated by the cases reviewed. The study, however, highlighted the modest contribution to social dialogue made by the wider democratic structure. It was concluded that the government had limited capacity for consensus building, accommodation of opposition and negotiated outcomes in government-labour relations

Schwäche der Tarifautonomie und Legitimitätsfragen im Arbeitsrecht und im Sozialrecht

2016 ◽  
Vol 62 (2) ◽  
pp. 209-236
Author(s):  
Stephan Seiwerth
Keyword(s):  
Social Security ◽  
Minimum Wage ◽  
Trade Unions ◽  
System Change ◽  
State Regulation ◽  
The State ◽  
Social Security Administration ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners

AbstractSocial partners have played a privileged role in German social security administration since Bismarckian times. In 2014, a new legislation empowered the social partners to set the level of the statutory minimum wage and to demand the extension of collective agreements. This article examines the interdependence of the trade unions’ and employer organisations’ membership numbers and their involvement in state regulation of labour and social security law. In case the interest in autonomous regulations is not going to increase, the state will have to step in with more heteronomous regulation. This would incrementally lead to a system change.

scholarly journals RIGHT TO DISCONNECT: french and italian proposals for a global issue

2019 ◽  
Vol 4 (3) ◽  
pp. 110-129
Author(s):  
Matteo Avogaro
Keyword(s):  
Work Life ◽  
Private Life ◽  
Life Balance ◽  
Collective Agreements ◽  
Global Issue ◽  
The Social ◽  
Social Partners ◽  
Increasing Process ◽  
Social Debate ◽  
The Impact

In recent years, the increasing process of digitization has gradually blurred the boundaries between work and private life. Therefore, new issues concerning workers’ protection arose. One of the main topics on this matter is related to employees’ tendency to utilize technological devices, as smartphones and tablets, to remain “connected” to their job outside ordinary business hours. In relation to this aspect, the paper addresses the debate and juridical solutions proposed and developed in France, through the Loi El Khomri, and in Italy, with the law No. 81/2017 recently approved by Parliament, to introduce a right (and/or an obligation) to disconnect in favour of digitized employees, and in order to protect workers’ private life, preventing diseases related to risk of burnout and the augmentation of stress. Furthermore, the analysis will be focused on the social debate related to the abovementioned topic. In particular, it will concern the positions assumed on this matter by main workers’ and employers’ organizations of the said countries, and their reactions to the initiatives undertaken by legislators, in order to realize a first evaluation concerning the impact of the solutions proposed. Afterwards, the attention will be cantered on praxis and tools introduced by collective agreements, in order to verify whether social partners have been able to find more efficient methods to balance work and private life, than the ones suggested by legislators. The outcome of the paper is referred to the actions that ILO could assume, on the base of the experience developed in France and in Italy, to address the future global issue of protecting employees’ work-life balance.

Collective working conditions for everyone?! – Collective provisions with erga omnes effect and statutory extension of collective agreements from a German law perspective

2019 ◽  
Vol 11 (2) ◽  
pp. 154-174
Author(s):  
Claudia Schubert ◽  
Laura Schmitt
Keyword(s):  
Collective Bargaining ◽  
Minimum Wage ◽  
Working Conditions ◽  
Legal Protection ◽  
Legal Systems ◽  
Social Partnership ◽  
Collective Agreements ◽  
Legal Provisions ◽  
The Social ◽  
Social Partners

Not only in Germany but in many European states the level of coverage by collective agreements is declining. Since collective bargaining autonomy is based on the principle of voluntary membership, one of its weaknesses lies in the declining degree of organisation on both the employers’ and the employees’ side. In the long term, weak unions cannot ensure fair working conditions. As a result, collective bargaining agreements lose their inherent warranty of correctness. In the legal policy discussion, this has led to calls for the legislator. In response, in 2014 the German legislature passed the ‘Act to Strengthen the Autonomy of Collective Bargaining’ ( Tarifautonomiestärkungsgesetz) to lower the requirements for the extension of collective agreements and to introduce a national minimum wage. As this has not led to significant improvements, there are further-reaching proposals for the statutory extension of collective agreements. The extension of collective bargaining agreements to non-members does not strengthen the social partnership on the employee side. However, it is a legitimate means to avoid a race to the bottom in competing for the lowest social standard; extensions help in creating common labour standards as long as a sufficient margin is maintained for the social partners to negotiate sector-specific regulations and to shape working conditions. A legal system, which is based on rights of freedom and does not consider the freedom of association to be a solely goal-orientated right, offers limited options to strengthen the social partners through legislation. Extensions become increasingly difficult to justify, the higher the existing level of legal protection. Especially in countries with minimum wage legislation and a large amount of employee protection legislation the justification requirements increase. However, at least in Germany, to date the judiciary has not sufficiently considered these aspects. Even though international laws leave substantial freedoms to the states, all legal systems that are based on a strong and vital social partnership should be interested in obtaining and protecting the plurality of collective bargaining agreements. They should only lay down limits, where there are tendencies of eroding solidarity among workforces due to the parallel existence of several collective bargaining agreements. The associations themselves possess limited resources for extending their member base. Still, the more the individual can gain from association membership, the more likely employees and employers are to join their respective associations. Therefore, the state should demonstrate restraint regarding the regulation of labour conditions. However, such restraint will prove difficult for welfare states. Their governments will most likely opt to eliminate deficiencies through legislation, even at the price of further weakening collective bargaining autonomy. Compared to extensions, legal provisions have the disadvantage of being too general and less flexible because of the much slower adaptation process. Therefore, the main argument in favour of extensions is that they facilitate the differentiation of mandatory working conditions. To ensure their legitimation, a number of design options can be considered. Regarding this, neither European nor international law impose high requirements but existing differences between national legal systems demand custom-fit solutions.

Social Dialogue as a Form of Participation of Employees in Decision-Making and Management of the Companies with Emphasis on Social Dialogue in the Republic of Macedonia

2017 ◽  
Vol 5 (1) ◽  
pp. 137
Author(s):  
Ljupcho Petkukjeski ◽  
Marjan Bojadziev ◽  
Marko Andonov ◽  
Zoran Mihajloski
Keyword(s):  
Decision Making ◽  
Social Policy ◽  
Common Interest ◽  
Practical Realization ◽  
Legal Basis ◽  
Social Dialogue ◽  
Republic Of Macedonia ◽  
The Social ◽  
Social Partners ◽  
The Republic

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.

Digital collaborative platforms: A challenge for both the legislator and the social partners in the Nordic model

2020 ◽  
Vol 11 (2) ◽  
pp. 142-153 ◽  
Author(s):  
Annamaria Westregård
Keyword(s):  
Social Security ◽  
Labour Market ◽  
Working Conditions ◽  
New Economy ◽  
Labour Law ◽  
Collective Agreements ◽  
Employment Conditions ◽  
The Social ◽  
Social Partners ◽  
Security Regulations

This paper focuses on the specific problems in the labour and social security legislation as it relates to crowdworkers in the digitalised new economy, analysing their place in labour market, and especially in the collective agreements which are the standard means of regulating working conditions in the Nordic model. Sweden has a binary system where a performing party is as either an employee or self-employed. The law on working and employment conditions offers only limited protection to those on short, fixed-term contracts; instead, it is social partners that have improved crowdworkers’ conditions in some industries by using collective bargaining. However, there are no collective agreements in the digital economy, or indeed for platform entrepreneurs. The complications of the parties’ positions will be analysed, especially as platforms do not consider themselves to be employers, but rather coordinators of the self-employed. It is not only labour law regulations that are important to prevent precariat among crowdworkers. It is also very important that the social security regulations adapt to the new labour market as the social security legislation is an important part of the Nordic model.

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