EU-level developments in 2003
Published: 4 August 2004
Rooted in the history of Europe, the social dialogue between trade union and employers' organisations and the 'quality' of industrial relations are widely acknowledged to be an essential component of the European model of society and development. Moreover, social dialogue is seen as the driving force for the achievement of successful economic and social reforms. This is why it has a key role within the 'Lisbon strategy' for economic and social reform (adopted by the European Council in 2000 - EU0004241F [1]) in addressing the main challenges facing Europe, such as enhancing skills and qualifications, modernising work organisation, promoting equal opportunities and diversity, and developing 'active ageing' policies.[1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined-social-policies/lisbon-council-agrees-employment-targets
This article reviews 2003's main developments in the European-level social dialogue, and outlines the year's most significant EU legislative and other activity of relevance to industrial relations.
Social dialogue
Rooted in the history of Europe, the social dialogue between trade union and employers' organisations and the 'quality' of industrial relations are widely acknowledged to be an essential component of the European model of society and development. Moreover, social dialogue is seen as the driving force for the achievement of successful economic and social reforms. This is why it has a key role within the 'Lisbon strategy' for economic and social reform (adopted by the European Council in 2000 - EU0004241F) in addressing the main challenges facing Europe, such as enhancing skills and qualifications, modernising work organisation, promoting equal opportunities and diversity, and developing 'active ageing' policies.
Social dialogue is also regarded as a key to better governance, owing to the unique position and influence which the social partners have, as the representatives of the whole range of interests and problems involved in the world of work - from working conditions to the development of continuing training, and including the definition of wage standards. The European-level social dialogue acts as a complement to national industrial relations systems and has developed with European integration and the efforts to build the European internal market, in order to ensure that it develops in a consensual manner.
The particular importance of the social partners also arises from the specific role which they are assigned in the Treaty establishing the European Community. Articles 138 and 139 lay down procedures for the consultation of the social partners. These procedures have been followed 19 times from 1993 to 2003, and have led to the successful negotiation of four European intersectoral agreements, on: parental leave (TN9801201S); part-time work (EU9706131F); fixed-term work (EU9901147F); and telework (EU0207204F).
In their joint contribution to the working group on 'social Europe' of the European Convention (the body charged with reviewing the Treaties and proposing changes, which completed its work in July 2003), the social partners made a positive assessment of their special role in economic and social governance, 'based on the nature of their responsibilities, legitimacy, representativeness and capacity to negotiate agreements', and requested that explicit references be made to this in both part 1 and part 2 of the draft Treaty establishing a Constitution for Europe for policy areas falling within their competence (EU0308204F). Negotiations and jointly-agreed initiatives are seen as the most suitable way forward on questions related to modernisation and the effective and positive management of change.
The European social dialogue is becoming more diversified and broader in scope, particularly as a result of the implementation of the Lisbon strategy. Forthcoming EU enlargement (with 10 new Member States joining in May 2004) will further increase the number of different social partnership systems and practices. On 26 June 2002, the European Commission published a Communication (COM(2002) 341 final) on the European social dialogue (EU0208203F), which sought to take stock of these developments, and to outline the steps needed to assist the continued strengthening of the social dialogue as a force for innovation and change both at European level, and within the Member States.
Below, we review the main developments in 2003 in dialogue between trade union and employers’ organisations at sectoral and cross-industry (or intersectoral) level, and outline the development of the tripartite dimension of the social dialogue.
Sectoral social dialogue
Since the Commission’s 1998 Communication (COM (1998) 322 final) which defined the way in which sectoral social dialogue committees are set up and operate (EU9806110F), some 30 such committees have been established. A total of 52% of the EU economy and 88 million employees are now covered by these committees.
In 2003, three new committees were created, in
the shipbuilding industry (EU0311203N);
local public services; and
the audiovisual sectors.
Their experience of the practical realities of their sectors enables the social partners to make a constructive contribution to improving European governance through these committees. In the light of the constant reaffirmation of the importance of social cohesion within the EU, the Commission has developed its support for and involvement in the operation of these key social dialogue tools.
Developments in 2003 in individual sectors
Some of the year's most important developments in the sectoral social dialogue are outlined below.
Railway sector
The social partners in the railway sector - the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) - began negotiations in February 2003 on social framework conditions for the European common market for rail transport. These negotiations were concluded in October 2003 (EU0311202N). On 27 January 2004, CER and ETF officially signed two agreements: one on a European licence for train drivers; and one on the working conditions for mobile rail workers in cross-border railway services.
In the first agreement, the social partners agreed on the use of common documents for train drivers in cross-border services. This driving licence is based on common health and safety conditions and common competence standards. The signatory parties want the European Commission to take their agreement into account in respect of its legislative proposal on the certification of train drivers.
The second agreement, on certain aspects of the working conditions of mobile workers assigned to 'interoperable' cross-border services, sets minimum requirements for daily rest, breaks, weekly rest periods and driving time. These minimum social standards have been negotiated in order to prevent competition from taking place mainly on the basis of working conditions. The signatory parties have jointly requested the Commission to implement this agreement by a Council decision in accordance with Article 139(2) of the Treaty establishing the European Community.
Construction sector
Since the early 1990s, the European social partners in the construction sector - the European Construction Industry Federation (FIEC) and the European Federation of Building and Wood Workers (EFBWW) - have been developing common projects to improve health and safety at the workplace and to reduce the economic cost of work-related accidents. In 2003, they decided to produce a guide to best practice to help the various actors in the construction process to implement the June 1992 EU Directive on mobile construction sites (92/57/EEC) more effectively and thereby reduce the number of occupational accidents - see the box below. This was funded by the European Agency for Safety and Health at Work, based in Bilbao, Spain, within a Community-funded accident prevention scheme aimed at helping small and medium-sized enterprises (SMEs) to reduce accidents at work.
| Guide to best practice on mobile construction sites The objective of the guide to best practice on mobile construction sites produced in 2003 by FIEC and EFBWW, with the help of the European Agency for Safety and Health at Work, is to raise awareness of accident risks as well as to alleviate the considerable economic consequences of accidents at work for SMEs in the construction sector. Due to the structure laid down for the organisation of occupational health and safety in the construction sector by the construction sites Directive, the target group for this guide is a broad church: all the actors of the construction process, ranging from the architect and the contractor to the health and safety coordinator and the workers. The guide is composed of three parts. Part 1 gives a short description of European and international laws and regulations as well as a summary of the activities undertaken by the European social partners with regard to this Directive. Part 2 constitutes the main part of the document, setting out a collection of strategies for the successful coordination of safety on construction sites as well as practical prevention measures for specific work situations. It also includes basic information on the incidence of accidents and sickness in the sector. Part 3 is composed of a series of photographs illustrating the good practices outlined in part 2 and taking into account the specificities of the diverse construction methods and techniques across Europe. The guide contains many drawings, pictures and technical diagrams, in order to ensure that it is as clear and user-friendly as possible and serves as a practical daily tool on construction sites. The guide has been printed on high-quality grade paper which is suitable for intensive use. Constructors interested in this tool will be able to use it in its existing form or modify it in order to adapt it to the needs and specificities of their companies. |
On 2 March 2003, EFBWW and FIEC adopted a joint recommendation aimed at facilitating the implementation of the June 2001 Directive on working at heights (2001/45/EC), due to be transposed into national law in the various EU countries by 19 July 2004 at the latest.
With a view to ensuring the uniform implementation of the Directive, the social partners have concentrated on the problem relating to the interpretation of the term 'competent person' and have drawn up some recommendations in this respect. Three checklists have consequently been produced relating to the minimum skills which should be possessed by the persons referred to in the Directive, namely the person responsible for supervising the assembly of a scaffold, the scaffold fitters themselves, as well as the users. They must all possess the competence safely to manipulate and use a scaffold. Each of these three actors must have at least a minimum knowledge of safety instructions, and be able properly to assess risks and take safety measures - for instance relating to safe passage on the scaffolding - in order to be able to comply with load limits and take account of related or consecutive activities on the construction site.
These recommendations seek to facilitate the transposition and implementation of the Directive in the Member States. They can therefore be used from now on by FIEC and EFBWW's member federations for the purpose of assisting their respective governments in transposing and implementing the Directive on a uniform basis.
In 2003, the European social partners in the construction sector took the decision to encourage the development of 'tutorship' in building and public works companies. A brochure has been produced in order to provide the sector's social partners and businesses with information and tools to help them develop and promote tutorship
The context is that a high number of young people leave the sector either during training or after just a few years of work. representing a serious waste of the resources of the various vocational training systems and resulting in a correspondingly lower return on businesses’ investments in human resources. The high number of experienced workers aged over 50 who are leaving the industry implies that businesses are losing a considerable number of qualified and skilled people. Furthermore, the sector has serious image problems and, as a result, young people and qualified employees are not encouraged to apply for jobs.
The construction sector’s European social partners believe that setting up tutorship systems within businesses might offer a response to some of these concerns. Companies that are already involved in tutorship are aware of the benefits to both employees and companies. Tutorship helps to improve all of the following:
inducting new recruits;
adapting to a new work situation;
promoting/developing workers’ skills;
raising workers' productivity, because people who are satisfied with their work tend to stay with the company and be more productive;
communication within the company; and
behaviour and commitment to the company culture.
The first part of the brochure describes the essential points which need to be dealt with in order to set up tutorship effectively within a company. It provides details about what makes a 'good' tutor, the skills they need to have and how to manage a tutorship relationship. The second part contains five examples of national tutorship systems from five Member States: Germany; France; Italy; Belgium; and the UK. Each national case study shows the reasons why the tutorship system was set up and how it functions in practice:
Agriculture sector
The social partners in the agriculture sector - the Employers’ Group of the Committee of Agricultural Organisations in the European Union (GEOPA-COPA) and the European Federation of Trade Unions in Food, Agriculture, Tourism and Allied Branches (EFFAT) - signed a European agreement on training for the sector in December 2002 (EU0301203N). This agreement was negotiated and adopted within the European sectoral social dialogue committee for agriculture.
Accepting the challenge of improving employment and raising the level of vocational qualifications for agricultural workers, the signatory parties advocate a joint approach to validation and recognition of formal and non-formal education throughout the EU. This agreement aims at raising the level of qualifications for agricultural workers and facilitating mobility and free movement of workers within the Union. It proposes a number of initiatives relating to the vocational training of agricultural workers and seeks to promote the recognition of qualifications.
The agreement recommends a set of measures to national organisations representing agricultural employers and employees, to the relevant authorities in the Member States and the Commission, for the benefit of both agricultural holdings and workers, such as:
the involvement of social partners in the organisation of vocational training;
the establishment of skills assessment;
the recognition of non-formal training and qualifications;
transparency of diploma and certificates;
the establishment of an 'occupational reference'; and
the development of an agricultural worker's booklet of vocational qualifications and skills
In this agreement, the social partners tackle subjects such as mobility and the validation and recognition of non-formal learning. Mobility is not only essential for adapting to structural changes - and the challenges are presently considerable - but it could also present a solution to the persistent lack of skilled work force in the agriculture sector.
Sugar sector
On 7 February 2003, the social partners in the European sugar industry, EFFAT for trade unions and the European Committee of the Sugar Manufacturers (Comité Européen des Fabricants de Sucre, CEFS) signed a joint [code of conduct](http://www.effat.org/5/5_1/5_1_4/Files EN/Sugar/nr 10 Corporate social responsibility code of conduct EN.pdf) establishing minimum standards on corporate social responsibility (CSR) in eight areas (EU0302204F). The European sugar industry is the first sector voluntarily to agree on minimum CSR standards on a broad scale.
Recognising that CSR is becoming increasingly important, the code of conduct was developed in the sectoral social dialogue committee for the sugar industry. It reflects the commitment of the social partners to develop progressively and demonstrate the overall sustainability of the industry: 'Our vision is to create added human and social value by incorporating corporate social responsibility into all our activities.' The code of conduct came into effect on 1 January 2004. The period between the signature and the coming into effect of the agreement was devoted to preparing for its implementation by providing adequate national and local structures. Regular follow-up of the code of conduct will be ensured through joint monitoring and reporting on an annual basis within the framework of the sectoral social dialogue committee.
Underlining the necessity to ensure that their sector remains sufficiently competitive to enable it fully to assume its responsibilities to the different 'stakeholders', the social partners commit themselves in the code of conduct to comply with eight minimum standards and to promote them beyond the area of activities for which CEFS has a mandate. The code of conduct is a first step in an ongoing process, and the eight areas mainly cover social aspects: human rights; education and training; health and safety; the relationship between the social partners; fair pay; working conditions; restructuring and business relations; and choice of suppliers.
An annexed set of examples of good practices in the eight areas will be regularly updated, with the aim of serving as a source of inspiration for improvement in companies in the sector.
Private security sector
The social partners in the private security sector - the Confederation of European Security Services (CoESS), representing employers, and UNI-Europa, the European regional organisation of Union Network International (UNI), representing trade unions - signed a ground-breaking code of conduct at the European Commission on 18 July 2003 (EU0308203F). The code is the result of negotiations between the social partners. It aims to raise standards and guarantee a high level of professional ethics in private security firms throughout the EU, including the new Member States.
The code contains a set of basic standards of professionalism and quality which must be applied by all employers and employees in the sector. All firms must meet the basic conditions imposed by national legislation, complying strictly with both the spirit and the letter. Under the code, where there are gaps in national rules, employers and employees must work to improve them. The code covers a wide range of areas, ranging from the selection and recruitment of workers and vocational training to health and safety at work and it includes non-discrimination and relations with clients, the police and other security firms.
The signatory parties believe that the rules governing their sector need to be harmonised across the EU. At the moment, national regulations and practices vary widely between Member States and are sometimes inadequate or even non-existent. This means that there are huge variations in the quality of service provided and the sector is prevented from taking full advantage of European integration.
CoESS and UNI-Europa also agreed to ensure the regular follow-up of the code, including monitoring and evaluation at company, national and EU level. They stressed that national employers' and trade union organisations must promote the code and its application as widely and as fully as possible.
Electricity sector
The social partners in the electricity industry - the European Federation of Public Service Unions (EPSU) and the European Mine, Chemical and Energy Workers’ Federation (EMCEF) for unions, and EURELECTRIC for employers - adopted a joint declaration on equal opportunities and diversity in the sector on 5 June 2003 - see the box below.
| Joint declaration on equal opportunities and diversity in the electricity sector The June 2003 EPSU/EMCEF and EURELECTRIC joint declaration on equal opportunities and diversity announces the social partners’ commitment to upholding the principle of non-discrimination in the recruitment process and in working conditions and opportunities. It recognises the value of diversity in the workforce, welcomes the inclusion of equality issues in the EU's European employment guidelines, and lists intended action both to promote equality between women and men and to encourage diversity at work within the electricity industry. The declaration, which follows on from earlier studies and positions issued by EURELECTRIC and EPSU/EMCEF, recognises that equal opportunities between women and men at work are a fundamental principle of the EU enshrined in the Treaties and several Directives. It underlines the fact that achieving equal opportunities and diversity in working life is one of the main goals in the work of the electricity industry’s sectoral social dialogue committee. The declaration states that the industry 'shall not practice discrimination against employees on the basis of age, health, national or ethnic origin, sex or any other comparable circumstances' and that diversity in the workforce should be considered an asset which brings in new ideas and perspectives. The notion of equality includes the principle of equal pay for work of equal value and equal treatment in terms of working conditions in employment, career prospects, education, access, and rights at dismissal or conclusion of employment. Recognising that 'the equality agenda continues to change', the declaration mentions among its basic principles that the implications of equality of opportunity between women and men in working life include that: women and men be found in approximately the same proportions in different occupations and levels of hierarchy; and workplaces, organisational methods and work conditions be adapted to both women and men. Various sections of the declaration refer to: the acute problem of an ageing workforce and a potential skills gap in the electricity industry; the need for training and development; the implications for work organisation; creating a suitable work-life balance; and combating sexual harassment. The social partners 'are committed to a cooperative approach, recognising the complex nature of questions and issues that arise' and recognise that the equality and diversity principle is a long-term goal to be addressed at national, regional, sector and company level. |
Postal sector
Within the framework of its 2003 work programme, the European social dialogue committee in the postal sector - involving UNI-Europa and the Association of European Public Postal Operators (Posteurop) - with the support of the European Commission, decided to develop a website. It aims to present the results of the committee's work on training and identify the best practices collected over the past three years in the field of lifelong training and skills development. Favouring exchanges and information sharing, the site should facilitate the integration of new members during 2004.
This website, PostSocialDialog.org, was developed in order to build on and highlight the work of the social dialogue committee. It presents the good practices and ideas collected within post offices and trade unions on training and skills development, equal opportunities, enlargement and corporate social responsibility. It also aims to encourage and facilitate continuous exchanges between the social partners at European level. It should therefore serve as a genuine working tool for the future programmes of the European social dialogue committee. An online questionnaire allows a direct gathering of experience concerning training on the topics selected for 2004. In addition to a presentation by the social dialogue committee and its workgroups, the website also contains a schedule of the main meetings with their agendas and reports. It also includes a database with more than 50 contacts in European post offices and trade unions, as well as their contact details.
Mining sector
The social partners in the mining sector - EMCEF for unions and the European Solid Fuels Association (CECSO) and European Potash Producers Association (APEP) for employers - adopted a joint position in April 2003 stressing: the importance of training for economic and social development; the need for new social skills in addition to the more traditional technical occupational skills; and the need for training content to adapt to the needs of the information society.
Local public services
At their first meeting, in January 2004, the European social partner organisations in the local and regional government sector, - EPSU and the Council of European Municipalities and Regions’ Employers’ Platform (CEMR-EP) - signed a joint statement on telework. EPSU and CEMR-EP will encourage their members to use the European agreement signed by the central social partners at cross-industry level (see below) in July 2002 (EU0207204F) when discussing the introduction or management of telework, devising policies or concluding agreements on telework in the local and regional government sector, in accordance with the national procedures and practices specific to management and labour. CEMR-EP and EPSU will monitor developments and undertake a first assessment in 2005.
Diversity of agreements
The diversity of sectoral social dialogue agreements reflects the variety of situations. They arise sometimes at the initiative of the social partners and sometimes from a consultation process launched by the Commission, or from the application of Community decisions or Directives. The Treaty establishing the European Community provided a sufficiently flexible framework for implementing these agreements, in order to accommodate the practices and procedures specific to the social partners and Member States. The social partners, at cross-industry and sectoral levels, have, for example, used this method for their agreements on teleworking. The signatory organisations are free to define the nature and degree of their commitments. Some agreements are limited to laying down general recommendations, while others stipulate precise obligations or actions, accompanied by monitoring mechanisms, at national and European levels.
Table 1 below lists the main joint texts - which may take the form of agreements, codes of conduct, or joint statements, declarations, positions, recommendations etc - agreed in the context of the sectoral social dialogue in 2003.
| Sector | Title of agreement |
| Civil aviation | Joint letter to Commissioner de Palacio 'supporting the bottom-up approach for functional blocks of airspace' in the Single European Sky policy (May) |
| Commerce | Joint statement on corporate social responsibility (November) |
| Construction | Recommendations to national federations regarding implementation of Directive 2001/45/EC on working at heights (March) |
| Electricity | Joint statement and final report on the study on lifelong learning in the electricity sector (July) Joint declaration on equal opportunities and diversity in the electricity sector (June) |
| Mines | Joint position on training and continuing training (April) |
| Private security | Code of conduct and ethics for the private security sector (July) |
| Public services | Joint statement on telework (January 2004) |
| Railways | Agreement on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services (January 2004) Agreement on the European licence for drivers carrying out a cross-border interoperability service (January 2004) |
| Road transport | Joint declaration on the Road Safety Action Programme (September) Joint declaration on post-enlargement in the road transport sector (September) Joint recommendations of the European social partners to the representatives of management and trade unions in local public transport companies in the EU on insecurity in local public transport (November) |
| Sugar | Code of conduct on corporate social responsibility in the European sugar industry (February) Joint position paper on the Commission Communication relating to reform of the COM in sugar (December) |
Other activities
The activities of the social partners are not confined to the adoption of joint texts. The partners undertake many transnational joint projects, often with financial assistance from the Commission under its social dialogue and education and training budget headings. These projects consist of a large variety of activities, including the organisation of conferences, roundtables, studies and publications, and the production of practical tools, such as vocational training and health and safety manuals, or guidance on procurement practices.
Study on representativeness
Representativeness is essential for the legitimacy of the social dialogue. For that reason, whenever an application to set up a sectoral social dialogue committee is made, the Commission sends the social partner organisations concerned a questionnaire to evaluate the extent to which they meet the criteria for establishment, particularly their capacity to negotiate agreements or the representativeness which determines the relevance of the social dialogue. The requirement for representativeness will vary depending on the nature of the measures. For example, it will be stricter in the case of a negotiated agreement than for a simple consultation.
In December 2002, the Commission launched a new study on the representativeness of the social partners, to examine those sectors not analysed during the first study carried out in 1998 by the Institute of Labour Sciences at the Université Catholique in Louvain. The Commission has produced monographs on the situation of the social partners in the candidate countries at cross-industry and sectoral level. The central public services and private security sectors have been surveyed in the current 15 EU Member States. Two monographs on the situation of the social partners in the textile and commerce sectors in the acceding and candidate countries have also been drawn up. In 2004, it is planned to conduct representativeness studies in the EU 15 in the sectors of industrial cleaning, temporary agency work and culture/media. Sectoral monographs for the candidate countries will cover road transport, construction and electricity.
Study on results of sectoral social dialogue
The European social partners have adopted numerous joint opinions, statements and declarations and recommendations. In total, more than 230 such joint sectoral texts and some 40 cross-industry texts have been issued. However, in most cases, these texts did not include any provision for implementation and monitoring. They are often not well known and their dissemination at national level has been limited. There is therefore considerable scope for improving their effectiveness. Thus, on 10 July 2003, a call for tenders was launched for a study to research, report and classify all the outcomes (agreements, guidelines, recommendations etc) of the sectoral social dialogue committees. The final study is due to be completed in mid-2004.
Cross-sector social dialogue
The European social partners at cross-sector level are:
for the employers, the Union of Industrial and Employers' Confederations of Europe (UNICE), the European Association of Craft, Small and Medium-Sized Enterprises (UEAPME); and the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP); and
for the trade unions, the European Trade Union Confederation (ETUC), the Council of European Professional and Managerial Staff (EUROCADRES) and the European Confederation of Executives and Managerial Staff (CEC).
Social partners’ 2003-5 work programme
In line with their desire to develop a more independent dialogue, expressed in their joint contribution to the Laeken European Council in December 2001 (EU0112262F), the European cross-sector social partners adopted a joint multiannual work programme for the period 2003-5 at the social dialogue summit held in Genval on 28 November 2002 (EU0212206F) - see table 2 below. Rather than only taking their lead from the consultations of the Commission, in the framework of the Commission's own Social Policy Agenda 2000-5, issued in June 2000 (EU0007266F), and other programmes of work such as the Community Strategy on Health and Safety 2002-6, adopted in March 2002 (EU0204203N), the social partners will also pursue their own bipartite initiatives established in their programme. The Commission aims to encourage and support the implementation of this work programme, whilst continuing to pursue its own priorities in the social affairs field.
This work programme represents a relaunch of the autonomous bipartite social dialogue, and a move away from an agenda dictated solely in response to Commission consultations (EU0303101F). It also constitutes a vital step towards enhancing the contribution of the social partners towards the achievement of the Lisbon strategy and is centred around three themes - employment, mobility and enlargement.
| Chapters | Themes | Actions | Timetable |
| Employment | Employment guidelines | Reports on social partners' actions in Member States to implement employment guidelines (taking into account the cycle of three years). | 2003-5 |
| Lifelong learning | Follow-up of 'framework of actions'. | 2003, 2004 and 2005 | |
| Stress at work | Seminar with a view to negotiating a voluntary agreement. | 2003 | |
| Gender equality | Seminar on equal opportunities and gender discrimination aiming at a framework of actions. | 2003 | |
| Restructuring | Identify orientations that could serve as a reference to assist in managing change and its social consequences on the basis of concrete cases. | 2003 | |
| Disability | Update of joint declaration of 1999 as a contribution to the European year on disability. | 2003 | |
| Young people | Promoting young people's interest in science and technology to help address the skills gap through joint declaration and/or awareness-raising campaign. | 2003-5 | |
| Racism | Updating joint declarations of 1995 (with participation of candidate countries). | 2004 | |
| Ageing workforce | Seminar to discuss case studies and explore possible joint actions. | 2004 | |
| Harassment | Seminar to explore possibility of negotiating a voluntary agreement. | 2004-5 | |
| Telework | Monitoring of follow-up to framework agreement. | 2003-5 | |
| Undeclared work | Seminar aiming at a joint opinion. | 2005 | |
| Enlargement | Industrial relations | Joint seminars on industrial relations (case studies on different ways of linking different levels of negotiations). | 2003-5 |
| Social dialogue | Two enlarged social dialogue committee meetings per year. | 2003-5 | |
| Restructuring | Study on restructuring in candidate countries. | 2003-4 | |
| Lifelong learning | Include candidate countries in follow-up to framework of actions. | Seminar in 2004, inclusion in reporting 2005 | |
| Implementation of legal acquis | Joint seminar on European Works Councils. | 2004 | |
| EU social and employment policies after enlargement | Prospective reflection to identify issues that will arise in the EU after enlargement such as increase in diversity, migrations, transborder work etc. | Starting in 2004 | |
| Mobility | Action plan on skills and mobility | Seminar to identify areas where joint actions by the social partners at EU level could help address obstacles to mobility (notably for managerial staff), including supplementary pensions. | 2003-5 |
The social partners have made an encouraging start to implementing the initiatives foreseen in the work programme for 2003, as follows:
Disability. In January 2003, the social partners presented an updated version of their 1999 joint declaration on the employment of disabled workers, as a contribution to the European Year of People with Disabilities in 2003 (EU0209201N). Its aim is to promote equal opportunities and access to employment for disabled people and it identifies some key factors for success.
Stress. Following a seminar held on 25 February 2003, the social partners called on their member organisations to grant them a mandate with which to begin negotiations, with a view to concluding a voluntary agreement on stress at work. Negotiations began on 18 September 2003.
Gender equality. Following a seminar on equal opportunities and gender discrimination which took place on 13/14 March 2003, the social partners have asked their member organisations to provide concrete examples and case studies as a basis on which to begin working towards agreement on a framework of actions. The first meeting to begin work on the framework of actions took place on 1 December 2003.
Restructuring. In the conclusions to the European Council summit at Barcelona in March 2002 (EU0203205F), following the launch of the first stage of consultation of the social partners in January 2002 on the anticipation and management of change (EU0201235F), the Council called upon the social partners to undertake their own initiative on restructuring. These discussions among the European social partners on restructuring ended on 12 June 2003 with a text, entitled '[Orientations for reference in managing change and its social consequences](http://www.ueapme.com/docs/joint_position/Final Orientations restructuring EN.pdf) ' (EU0307203F). This text, together with an annex containing the 10 case studies upon which the orientations were based, was sent to the Commission with a joint letter on 29 October 2003.
Enlargement. Enlarged social dialogue committee meetings, including representatives of the social partners from the 10 acceding countries took place on 30 January and on 1 October 2003. The social partners have embarked on the organisation of a series of five national seminars (a 'tour des capitals') in the acceding countries, which will take place between January and May 2004, with Commission support from budget line B3-4000. Since 1 May 2003, representatives of the social partners from the 10 acceding countries have been invited to take part in all the plenary cross-industry and sectoral social dialogue committees. In addition, a large conference on the social dialogue in an enlarged Europe took place in Ljubljana, Slovenia, on 9/10 January 2004, involving 250 participants including 180 social partner representatives from the EU and the acceding countries. The aims of the conference were to:
demonstrate that social dialogue is a key dimension of EU governance and a valuable mechanism for developing social policy and achieving the Lisbon objectives;
foster a better balance between tripartite and bipartite social dialogue, particularly with regard to the European employment strategy; and
reinforce the representativeness and the capacity for negotiation of the social partners in the acceding countries by identifying good practices and underlining the importance of social partner autonomy as a crucial element of a well-functioning social dialogue.
Mobility. A joint seminar on mobility was held on 13 February 2003, and the social partners are currently reflecting on what measures they could usefully take at Community cross-sectoral level, particularly with regard to the issue of the transferability of supplementary pensions (see next point).
Supplementary pensions. A second consultation of the social partners by the Commission, according to the provisions of Article 138 of the TEC, on the desirability and the possible content of Community-level action in the field of transferability of occupational pensions, was launched on 12 September 2003 (EU0310205F).
Telework. The implementation of the framework agreement of the social partners on telework, signed on 16 July 2002 (EU0207204F), is progressing. The social partners have three years in which to implement the agreement - until July 2005 - and they then have a further year - until July 2006 - to produce a follow-up report.
Lifelong learning. In March 2002, ETUC, UNICE and CEEP adopted a joint framework of actions for the lifelong development of competencies and qualifications (EU0204210F). The text stresses the importance of the principle of the shared responsibility of all players for lifelong learning (eg the social partners at national, sectoral and company level, public authorities, employers and individual employees) and emphasises the implementation of the following four priorities: identification and anticipation of competencies and qualifications needs; recognition and validation of competencies and qualifications; and information, support and guidance; and resources. This framework of actions is also significant as it is the first time that the cross-industry social partners have decided to implement one of their texts via the 'open method of coordination': the text will be implemented by the national members of the signatory parties. The social partners have agreed to monitor progress towards achieving the four priorities on an annual basis (reporting in February-March each year) and will, after three annual reports, evaluate the impact on both companies and workers. This evaluation can if necessary lead to an update of the priorities identified, which will be presented in March 2006. The first annual evaluation was undertaken in March 2003 (EU0306205F).
The tripartite dimension
The Commission Communication on the European social dialogue of 26 June 2002 (EU0208203F) stressed the importance of rationalising and improving tripartite concertation between the social partners and the public authorities. As a result, some important changes have taken place in the organisation of such concertation during the course of 2002/3, in particular the decision to set up a 'tripartite social summit for growth and employment' which meets on the eve of the spring European Council summit on economic and social issues.
The European Council Presidencies have been inviting the social partners to meet with the 'troika' of Presidencies (the current Presidency and its immediate successor and predecessor) on the eve of European Council meetings since 1997. The conclusions of the Nice European Council in December 2000 (EU0012288F) provided for an annual meeting with the social partners before spring European Councils. Such meetings were organised in March 2001 in Stockholm (EU0104208F), in December 2001 in Laeken (EU0201231N) and in March 2002 in Barcelona (EU0203205F).
The Council's decision to formalise this arrangement with the establishment of a tripartite social summit for growth and employment, followed from the social partners' joint contribution to the Laeken summit in December 2001 (EU0112262F), in which they proposed that a 'concertation committee on growth and employment' be set up, which would serve as the forum for consultation between the social partners and the public authorities in the framework of the Lisbon strategy. The aim of the decision was to send a strong political signal to the social partners that the Council recognises the importance of their involvement in the process of economic and social modernisation of Europe.
The decision to formalise the tripartite social summit was adopted at the Employment and Social Affairs Council on 6 March 2003 (EU0303203F), and the first formal tripartite social summit took place on 20 March 2003 (EU0304201N), on the eve of the spring European Council held in Brussels on 21 March. The discussions at the social summit centred on the social partners' contributions towards the implementation of economic and social reform, and their achievements since the Barcelona Council in 2002, including the initiatives upon which they had made a start within the framework of their first joint multiannual work programme 2003-5 (see above). The social partners also presented the first annual report (EU0306205F) on the implementation of their framework of actions for the lifelong development of competencies and qualifications which was presented to the Barcelona Council in 2002.
A decision to hold an extraordinary tripartite summit on 11 December 2003 was taken at the European Council meeting in October. Concern was expressed by some Member States about the current economic and employment situation in Europe, and it was agreed that the views of the social partners would play a vital role in restoring the potential for economic and employment growth, looking towards the 2010 targets on employment. There had been two major initiatives of direct relevance: the Commission’s proposal for a European Initiative on Growth, designed to stimulate economic recovery within Europe; and the presentation by the Employment Task Force, set up in March 2003 (EU0304205F), of its final report. The Kok report, as it is known, takes stock of the present situation of the EU labour market, analyses the main reasons why the EU risks not meeting all of its employment targets and identifies concrete reforms.
The December 2003 extraordinary social summit (EU0312207F) reflected the partnership approach, regarded as crucial in order to achieve the fulfilment of the Lisbon agenda, which requires joint initiatives by public authorities, business and the social partners at all levels. The summit brought the key actors together in order to discuss the main challenges, and confirm their respective responsibilities in addressing them. The EU-level cross-industry social partners issued a joint statement to the meeting, expressing their concerns regarding the performance of the EU’s economy and labour markets, welcoming recent initiatives in the areas of growth and employment and setting out their future actions.
Anna Diamantopoulou, the Commissioner for Employment and Social Affairs, declared: 'These tripartite summits confirm the importance of the social dialogue at European level. Social partners now need to ensure that they play their part in tackling the challenges posed by the current economic situation, and the forthcoming enlargement of the European Union.'
The Council Presidency and the Commission, with the involvement of the social partners, have been preparing the spring 2004 social summit, which will be held on the eve of the spring European Council. Likely principal themes are 'active ageing' and 'sustainable growth', and a variety of subthemes are being looked at, including competitiveness and productivity, social protection and mobility.
Legislative developments
2003 saw legislative activity in two main areas of labour law: the involvement of employees in transnational companies (relating to the European Cooperative Society, cross-border mergers and discussions on the possible revision of the European Works Councils Directive); and provisions for the individual protection of workers (debates on working time, temporary agency work and data protection). During the year, the EU has had the additional task of helping the new Member States in developing legislation which is in line with the Community 'acquis communautaire' (the body of EU law which all new Member States must adopt and implement), including all Directives in the employment and social field.
European Cooperative Society
After 10 years of negotiations, the Council of Ministers adopted on 22 July 2003 both: Council Regulation (EC) No. 1435/2003 on the Statute for a European Cooperative Society (SCE); and Directive 2003/72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees. Adoption followed political agreement in the Council in June 2003 (EU0306201N). The Regulation lays down rules on the establishment and operation of SCEs, while the Directive provides rules on employee involvement in this new (optional) form of European-scale cooperative business. Both texts closely follow the lines of the model laid down for the European Company (SE) Statute by Regulation (EC) No. 2157/2001 and Directive 2001/86/EC (EU0206202F).
The arrangement for involving employees in the SCE must be negotiated, in conjunction with the process of establishing the SCE, between the managements of the participating entities and representatives of their employees in the different Member States. If the parties fail to reach an agreement before the SCE is registered, it will be governed (in terms of employee information and consultation and, when appropriate, board-level participation) by a set of subsidiary rules based on those of the SE worker involvement Directive. However, provision has been made for a few adjustments to take account of certain ways of setting up an SCE which have no parallel in the European Company Statute, notably where an SCE is set up from scratch without the involvement of 'physical persons'.
The European Parliament opposed the Council's decision to adopt the Directive using as the legal basis Article 308 of the Treaty establishing the European Community, rather than Article 95, thus limiting the Parliament's power to simple consultation rather than co-decision. The Parliament referred this matter to the European Court of Justice.
Cross-border mergers - employee participation
The European Company (SE) Statute allows the merger of companies from October 2004 onwards, if they are public limited companies and only if they merge to a SE. A different proposal, for a 10th company law Directive, aims at facilitating such transnational mergers between all companies with share capital. An original proposal by the European Commission, which dates from 1984, was almost immediately blocked in the European Parliament, because there was no proposal addressing the issue of worker participation in the boards of the companies concerned. As there were similar discussions when adopting the European Company Statute, the solution reached on this issue for the SE has paved the way to unblocking the 10th company law Directive. The Commission therefore decided to withdraw its 1984 proposal and presented in November 2003 a new proposal, for a Directive on cross border mergers of companies with share capital (COM (2003) 703). This is currently being reviewed by the Parliament.
When companies from different Member States merge, some of those involved may disappear and the new, merged company may freely decide where to locate its registered office. These facts can constitute a threat to existing systems of worker participation on the boards of companies. Such systems exist in most of the existing 15 Member States either in both public and private sector companies or in state-owned companies only, although the UK, Italy, Belgium, Spain and Portugal have no such board-level participation rules. Therefore, a cross-border merger poses a threat to the existing board-level participation system if the company that results from a transnational merger or its registered office is transferred to a 'non-participation' Member State. Both operations are allowed by the SE Directive and the proposed 10th company law Directive.
The solution found in the SE employee involvement Directive concerning board-level participation ( see above under 'European Cooperative Society') includes a system of such participation on the basis of European law. The problem facing the 10th company law Directive is different, as companies falling under its scope are governed by existing national regimes concerning employee involvement.
It may well be that, following a cross-border merger, the registered office of the company created by the merger is situated in a Member State which does not have a board-level participation system, whereas one or more of the companies taking part in the merger were subject to rules of this type before the merger. To deal with this eventuality, provision is made in the draft Directive for extending to employees of companies finding themselves in this situation the same protection of rights acquired with respect to participation as is granted under the system set up by the SE Regulation and Directive. The Commission’s view is that the protection of acquired rights of participation is entirely justified in this case. Where the national law of the Member State under whose law the company created by the merger is governed has rules on employee participation, such specific protection is unnecessary as the company in question will be subject to those rules. Therefore, the application of the 'SE solution' to companies merging under the 10th company law Directive is strictly limited to rare situations where participation could be jeopardised as a result of a merger.
Another fundamental difference between the two texts consists in not creating in the 10th company law Directive a specific system of transnational information and consultation, in contrast to what is the case for all SEs. As the company resulting from the cross-border merger is a national company, it will be treated in this respect exactly as any other multinational company: it will be governed by such a system only if the requirements provided for in the European Works Councils Directive are met, notably the requirements related to employee thresholds.
European Works Councils
A possible revision of the European Works Councils (EWCs) Directive (94/45/EC) remains on the Commission's agenda and a first-stage consultation of the social partners is envisaged for early 2004, with a follow-up consultation later in the year. On 24 September 2003, the European Economic and Social Committee adopted an Opinion on the practical application of the EWCs Directive and on any aspects of the Directive that might need to be revised (EU0310204F). The Opinion draws on a wide range of research and experience with EWCs, reflecting both employer and employee perspectives on the application of the Directive, and presents a comprehensive and balanced view of progress to date. The Opinion provides useful insight on issues such as:
progress to date in creating EWCs;
the negotiation of EWC agreements;
the mode of operation of EWCs;
their evolving and dynamic nature;
their contribution to social dialogue; and
the implications of EU enlargement.
Working time
On 4 November 2003, a consolidated version of the Directives on certain aspects of the organisation of working time was adopted by the European Parliament and the Council (Directive 2003/88/EC), combining Directives 93/104/EC and 2000/34/EC. It enters into force on 2 August 2004 and makes no substantive amendments to existing law.
The Directive includes provisions which will be subject to re-examination in 2004. Following this mandate and taking into account recent judgments of the ECJ regarding working time, the Commission adopted on 30 December 2004 a Communication on the re-examination of the working time Directive (COM(2003) 843 final) (EU0402203F). The Communication seeks to launch a wide-ranging consultation process capable of resulting in a possible amendment of the Directive - see the box below. It is therefore aimed at the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the social partners at Community level. As regards the European social partners, this Communication also constitutes the consultation provided for in Article 138(2) of the Treaty establishing the European Community (TEC), as the first phase of the consultation process.
| Working time consultation In its Communication adopted in December 2003, the European Commission is calling for all interested parties to contribute to a consultation on working time, following a report on the workings of current EU legislation in this area. The report focuses on the issue of the so-called 'opt-out', which allows individuals to waive their rights under the working time Directive’s provisions on the maximum 48-hour week, and the definition and calculation of working time. As a result of recent ECJ rulings, more Member States are turning to use of the opt-out. The Commission is consulting on how the Directive could be revised in the future The Commission document has three aims:
The working time Directive plays a vital role in protecting the health and safety of workers from the effects of working excessively long hours, having inadequate rest and disruptive work patterns. It can also contribute to improved productivity and a better reconciliation of work and family life. In 1993, the UK negotiated an opt-out, which allows Member States not to apply the 48-hour weekly limit on working hours under certain conditions: prior agreement of the individual; no negative fall-out from refusing to opt out; and records kept of working hours of those that have opted out. France, Germany, the Netherlands, Spain and Luxembourg are preparing or have passed legislation to make restricted use of the opt-out, in certain sectors. The Commission’s report finds that not all the guarantees laid down within the Directive are being provided. It is concerned, for example, that workers are frequently asked to sign the opt-out agreement at the same time as signing their employment contract, which acts a constraint to freedom of choice. The consultation asks for responses on five main issues, with a view to a future revision of the Directive:
|
Temporary agency work
An amended Commission proposal for a Directive to ensure the principle of non-discrimination for temporary (agency) workers (COM (2002) 701 final) was the subject of continuing debate during the year (EU0303203F and EU0204205F). On 2/3 June 2003, the Greek Presidency presented a compromise solution on the text to the Council (EU0306206F), including a transitional implementation period to address the concerns of many Member States. However, due to continuing divergences of views among national delegations, no consensus was reached and the proposal remained blocked at the end of the year.
Data protection
In accordance with its social policy agenda, the Commission has undertaken a consultation of the European social partners on the subject of data protection. A Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data (95/46/EC) already exists, but it was felt that the position of employees needs to be looked at more closely.
The first stage of consultation of the social partners on the protection of workers' personal data was launched in August 2001, and the second stage of this consultation was launched in October 2002 (EU0211206F), concluding in January 2003. In the latter exercise, the social partners maintained in general the positions which they presented in the course of the first-stage consultation (TN0307101S). They did not begin negotiations aiming to reach a European agreement in this area, given that most of the employers’ associations did not wish to engage in such talks.
However, the Commission has pursued this issue further and has consulted, in this context, a wide range of stakeholders, in particular government and independent experts, the EU's advisory Article 29 Data Protection Working Party and the European Group on Ethics in Science and New Technologies. The Article 29 Data Protection Working Party delivered an opinion on envisaged EU action on 24 September 2003. It concluded that the issue of workers’ data protection could be addressed by a new Community legal framework, which might provide an opportunity for the development of the general principles laid down in Directive 95/46/EC. The European Group on Ethics issued an opinion on the ethical aspects of genetic testing in the workplace on 28 July 2003.
In this context, the Commission is expected to decide on the follow-up to its consultation of the social partners, during the first half of 2004.
Health and safety
On 6 February 2003, the European Parliament and the Council adopted Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) . The adoption of this 17th individual Directive within the meaning of Article 16(1) of the 1989 'framework' health and safety Directive (89/391/EEC) followed a European Parliament/Council conciliation agreement in late 2002 (EU0212202N).
Directive 2003/18/EC of the European Parliament and of the Council, amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work, was adopted on 27 March 2003.
In October, the Council reached political agreement on a common position on a proposal for a Directive establishing minimum health and safety requirements regarding the exposure of workers to the risks arising from electromagnetic fields (EU0311206F).
'Parasubordination'
Recent years have seen the emergence of a group of workers that falls into a 'grey area' between the traditional notions of 'employees' on the one hand and 'self-employed workers' on the other (TN0205101S). These 'para-subordinate workers' may be economically dependent on a single client, but at the same time lack any labour law protection. Following a request from the European Parliament, the Commission launched a study on 'Economically dependent work/Parasubordination: legal, social and economic aspects'. Its results and this question in general were debated at a public hearing of the Parliament and the Commission on 19 June 2003.
Equal treatment
The European Commission issued a proposal on 5 November for a Directive on equal treatment between men and women in access to and supply of goods and services (EU0312201N). Although this proposal does not apply directly to the workplace, it has implications in areas such as pensions.
The proposal is based on Article 13 of the Treaty establishing the European Community (which enables appropriate action to combat discrimination based on grounds including sex), and seeks to prohibit discrimination in access to and the supply of all available goods and services. It allows for justified exceptions, such as where a good or service is intended exclusively or primarily for members of one sex or where the skills required for its delivery are different for each sex.
The proposal explicitly sets out to tackle the issues of premiums and benefits in the insurance sector. For example, in a majority of cases, women pay higher premiums for pensions and annuities, or their plans pay out less per year, whereas men pay high premiums for life insurance. These differences are justified by the insurance industry by citing the fact that women live longer on average than men. However, the Commission states that this justification is not necessarily valid as there are a number of factors that are not linked to sex that are equally important in establishing life expectancy, such as socio-economic or marital status, the region in which a person lives and levels of smoking. When these factors are removed from the equation, the difference in life expectancy between men and women may be between zero and two years.
The Commission acknowledges that the requirements of its proposed Directive would have a major impact on the working methods of the insurance industry, as it would have to introduce changes in order to take the principle of equal treatment into account. It is therefore proposing a six-year transitional period, in order to allow the insurance industry to adapt.
Implementation of Community labour law
In 2003, Commission services prepared reports on the implementation of the part-time work Directive (97/81/EC) and the [posted workers Directive](/search/node/eiro OR thematicfeature2?oldIndex) (96/71/EC) Communication COM (2003) 458 final) in the 15 current EU Member States. Another important aspect of the procedure of implementing Directives in 2003 was monitoring of the acceding EU Member States. These countries have had to change or redraft their labour laws in order to transpose correctly the acquis communautaire in this area. The 10 new Member States must comply with EU law by their date of accession, which is 1 May 2004.
Other developments
2003 witnessed a number of other EU-level developments outside the strict social dialogue and labour law areas.
Notably, in July 2003, the European Convention presented a draft Treaty establishing a Constitution for Europe (EU0308204F). The proposed new Treaty has a number of implications for the future social and employment policy of the EU. For example, specific reference is made to the role of the social partners in the EU, with Article I-47 stating that: 'The European Union recognises and promotes the role of the social partners at Union level, taking into account the diversity of national systems; it shall facilitate dialogue between the social partners, respecting their autonomy.' The Charter of Fundamental Rights of the European Union (which deals, among other issues, with employment and industrial relations rights) is incorporated into the draft Treaty, which would give it legal status. In concrete policy terms, the main innovation is arguably the extension of qualified majority Council voting to the area of social security for migrant workers and the possibility of extending it, by unanimous Council decision, to: the protection of workers where their employment contract is terminated; the representation and collective defence of the interests of workers and employers, including co-determination; and conditions of employment for third-country nationals legally residing in Union territory. Qualified majority voting could also be extended to a range of social policy areas in future if a group of Member States decided to use the Treaty's new 'enhanced cooperation' provisions. The European Council had not agreed on the draft EU Constitutional Treaty by the end of the year (EU0312209F).
The year saw numerous European Commission initiatives and studies on equality and diversity issues, including the following.
The Commission issued its seventh annual equal opportunities report in March (EU0303204F). It outlined the main progress towards gender equality made in the EU in 2002 and looked at the gender equality state of play in the acceding candidate countries. While significant steps have been taken in the area of gender-related legislation, the Commission highlighted improved women’s participation in decision-making as the priority theme for 2003.
In June, the Commission launched a campaign to increase awareness of discrimination (EU0307202N). It believed that there was a need for such awareness-raising, given that two new anti-discrimination Directives came into force during 2003 - the Directive implementing the principle of equal treatment between persons, irrespective of their racial or ethnic origin (2000/43/EC) (EU0006256F) and the framework Directive for equal treatment in employment and occupation (2000/78/EC) (EU0102295F) - and that a recent survey had found that the majority of EU citizens are not aware of their rights in this area.
A report - entitled The costs and benefits of diversity- published by the Commission in November 2003 looked at the issue of workforce diversity policies, assessing their costs, their benefits and the obstacles to the establishment of such policies (EU0311208F). It made a variety of recommendations aimed at encouraging the promotion of workforce diversity. The report was drawn up in the context of the implementation of the two new EU anti-discrimination Directives (see previous point).
In October, the Commission published an independent report - entitled Equality, diversity and enlargement- on the progress made in putting into place anti-discrimination legislation in the countries due to join the Union in the coming years, in response to the EU Directives on the issue (EU0310207F). The study finds signs of progress with regard to the drafting and adoption of anti-discrimination legislation in many countries, but notes that all of the countries must do more before accession.
In March, the Commission announced the 100 best workplaces in the EU and the winners of three special awards for excellence in the fields of diversity, gender equality and lifelong learning (EU0305202N).
In January, the Commission issued a Communication (COM(2003)16 final) setting out its support for the development of a legally binding United Nations instrument to promote and protect the rights and dignity of people with disabilities (EU0302203F). The Commission wants to contribute actively to the development of such an instrument.
An action plan (COM(2003) 650 final) aimed at promoting equal opportunities and social and labour market integration for people with disabilities was issued by the Commission in October. The plan, which will run from 2004 to 2010, hopes to build on the progress made by the 2003 European Year of People with Disabilities.
Finally, other important social and employment policy developments during 2003 included the following.
Representatives of the Member States and candidate countries met in Brussels in March 2003 for a large-scale conference to review the progress of the EU five-year social policy agenda since its launch in 2000 (EU0303205F). Wide-ranging debates were held on the themes of employment, social protection, industrial relations and equal opportunities. As a contribution to discussions, the Commission published a memorandum entitled Costs of non-social policy: Towards an economic framework of quality social policies - and the cost of not having them (EU0304203N). The document concluded that 'most critics of the EU model fail to take account of the counter-factual alternative - what would happen without social policies. And here the evidence shows that the absence of adequate social policies can bring significant economic costs - hence the cost of non-social policies.'
The 2003 EU employment guidelines and employment policy recommendations to the Member States were adopted by the Council in July (EU0308205F). Following changes to the European employment strategy, the timing of the process and the contents of the guidelines and recommendations were modified in 2003. Notably, the employment guidelines have been revised so as to: ensure a stronger link with EU economic policy coordination (through streamlined timetables); lay down fewer guidelines with a broader perspective; provide a medium-term time horizon in order to achieve an increased emphasis on results and outcomes; and strengthen the involvement of the social partners, local authorities and other stakeholders. The employment guidelines now focus on 10 policy priorities, rather than grouping a larger number of guidelines under four pillars as was previously the case, and set concrete targets for most of them.
In June, the Commission presented a Communication (COM (2203) 336 final) on immigration, integration and employment. The Communication reviews integration policies, at both national and EU level, and then goes on to suggest ways in which integration of immigrants could be promoted. It also looks at the potential impact which immigrants are likely to have on employment and economic growth, in the context of the ageing European workforce
In May, the European Parliament adopted a resolution on corporate social responsibility (EU0306203N), in response to the Commission’s 2002 Communication on this issue (EU0207205F). Parliament calls on the Commission, the Council of Ministers, Member States, companies and other involved parties to work to promote corporate social responsibility.
The European Agency for Safety and Health at Work launched the 'first pan-European campaign to reduce the risks of chemicals, biological agents and other dangerous substances at work' in May (EU0306202N). The campaign formed the heart of the Agency's annual European Week on Safety and Health at Work in October 2003 (EU0311204F).
The Commission issued a Communication, entitled Strengthening the social dimension of the Lisbon strategy: streamlining open coordination in the field of social protection, in May (EU0306204N). The proposal aims to improve, simplify and make more visible the work of the EU in coordinating Member States’ social protection policies in the areas of: pensions; social inclusion and combating poverty; healthcare and care for the elderly; and social security systems, with particular emphasis on how these encourage people to seek work rather than remain on social benefits. The aim is to integrate, by 2006, coordination of policies in these areas into one single framework, using the 'open method of coordination'. In September 2003, the EU-level cross-industry social partners issued a joint statement in response to the Commission’s proposal (EU0310203N). The social partners welcomed the moves to rationalise the reporting system on social protection and to synchronise the timetables for employment, social protection and economic policy coordination, which they feel will contribute to better articulated and mutually supportive policies. The social partners, however, also expressed a number of concerns.
On 9 September 2003, the European Court of Justice (ECJ) issued an important ruling on on-call working in (case C-151/02, Landeshauptstadt Kiel v Norbert Jaeger) (EU0310202N). It ruled that time spent by a doctor working in a hospital on an on-call basis constitutes working time in its entirety, even if the employer provides a place of rest for the employee to use when not actively engaged in their duties.
In October, the Council adopted a Resolution on undeclared work (EU0311206F). It is estimated that between 7% and 16% of the EU's GDP is accounted for by the informal economy. The Resolution calls on Member States to address this issue, using this Resolution as a reference framework, and to work together to improve the situation. Suggested actions include preventative measures and sanctions aimed at eliminating undeclared work. The Resolution also invites the social partners at European level to address this issue within the context of their current multiannual work programme (see above) and to deal with it in the context of the sectoral social dialogue committees. It calls on the social partners at national level to promote the declaration of economic activity, to engage in awareness-raising and to promote the simplification of the business environment, particularly in relation to small and medium-sized enterprises. Finally, the Resolution calls on the European Commission to highlight developments on the basis of the experience of Member States, in the context of the European employment strategy, and to assess methodological improvements in the description of the problem of undeclared work and monitor progress in this area
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