The European Social Dialogue and the Social Dialogue in the Railway Sector in Western Balkan Countries

With financial support from the European Union Europäische Akademie für umweltorientierten Verkehr EVA Bildung & Beratung

The European Social Dialogue and the Social Dialogue in the Railway Sector in Western Balkan Countries

A publication of the European social partners Community of European Railway and Infrastructure Companies (CER) and European Transport Workers’ Federation (ETF). Published by EVA European Academy for Environmentally Friendly Transport in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

This publication was developed during the project “Social Dialogue in the Railway Sector in Western Balkan Countries”. The project was initiated by the European social partners of the railway sector ETF and CER and organised by EVA Academy.

With financial support from the European Commission. The publication reflects the author‘s view and the Commission is not responsible for any use that may be made of the information it contains.

The European social partners: Community of European Railway and Infrastructure Companies (CER) Avenue des Arts, 53 // 1000 Bruxelles // Belgium Tel.: +32 2 2130870 // [email protected] // www.cer.be

European Transport Workers’ Federation (ETF) Galerie Agora // Rue du Marché aux Herbes 105, Boîte 11 // 1000 Bruxelles // Belgium Tel.: +32 2 2854660 // [email protected] // www.etf-europe.org

Editor and project organisation: EVA – European Academy for Environmentally Friendly Transport 4 Chausseestr. 84 // 10115 Berlin // Germany Tel: +49 30 3087526 // [email protected] // www.eva-akademie.de Contents

Foreword European Commission 06

Foreword ETF and CER 07

Introduction 08

1. Social dialogue – understanding how it works 10

1.1. Background 10 1.2. Objectives and benefits of social dialogue 12 1.3. The European social dialogue – history and development 12 1.4. The European social dialogue – forms and processes 14

2. The European social dialogue in the railway sector 16

2.1. The history of the European social dialogue in the rail sector 16 2.2. The structure of the European social dialogue in the railway sector 16 2.3. The social partners 17 2.4. Work programme and outcome 20 Balkan Countries Western Sectorin the Railway in 2.4.1 The social dialogue work programme at European level 20 Social Dialogue European and the Social DialogueThe 2.4.2 Social partner agreements 21 2.4.3 Joint Recommendations 22 2.4.4 Joint Opinion 23

3. the railway sector and Social dialogue in the Western Balkan countries 24

Introduction 24 3.1. Republic of Croatia 26 3.2. F.Y.R. of Macedonia 34 3.3. Montenegro 40 3.4. Republic of Serbia 48

Appendices: joint recommendations, joint opinion 56

Appendix Contacts Steering Committee 79

Bibliography 81

5 Foreword European Commission

Social dialogue at European Union le- The activities of the project ‚Social Dia- vel plays an essential role in advancing logue in the Railway Sector in Western in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in the European social model, delivering Balkan Countries‘ is a good example of The European Social Dialogue European and the Social DialogueThe benefits for employers, workers and for strengthening social partner capacity the economy and society as a whole. and social dialogue structures in can- European Social dialogue was estab- didate countries and member states lished as one of the tools to promote that recently joined the EU. The project the social dimension of the Single also seeked to reinforce the impact Market. Today it has an indispensable and visibility of European social dia- role in strengthening economic go- logue outcomes in Croatia, the former This brochure provides comprehensive vernance and building an economic Yugoslav Republic of Macedonia, Mon- information on both European social union. For the European Commission, tenegro and Serbia. dialogue and the national railway the involvement of social partners is social dialogue in Croatia, the former vital for the success of the Europe 2020 Bipartite social dialogue between wor- Yugoslav Republic of Macedonia, Mon- strategy, the EU‘s strategy to achie- kers and employers‘ representatives in tenegro and Serbia. It will serve as re- ve a smart, sustainable and inclusive the Western Balkan region is not very ference book for the social partners at growth. These three mutually reinfor- common. A fundamental precondition all levels and shall motivate them to cing priorities should help the EU and for such dialogue is the mutual under- make their social dialogue more effec- the Member States deliver high levels standing and trust of the social partners tive. We strongly encourage the pro- of employment, productivity and soci- in this process. This can only be achieved ject partners to broadly disseminate al cohesion. by joint meetings and better knowledge this brochure amongst their respective of the situation. That is why the European affiliates and to remain in close contact As outlined in the Flagship Initiative ‚An social partners CER and ETF carried out with each other to further strengthen Agenda for new skills and jobs‘, the Euro- on-site visits and a joint seminar to in- social dialogue in the Western Balkans. pean Commission seeks to strengthen form the railway social partners in these the capacity of social partners and countries about the achievements of make full use of the problem-solving their social dialogue at EU level. The potential of social dialogue at all le- exchange of information with regard to vels (EU, national/regional, sectoral, demands and perspectives of EU acces- company). This is why the European sion and the future of social dialogue Jean-Paul Tricart Commission provides support for so- between representatives of the Europe- Head of Unit Social Dialogue and cial partner capacity-building through an sectoral social dialogue committee Industrial Relations; DG Employ- the European Social Fund and through and the candidate countries helped to ment, Social Affairs and Inclusion; various transnational projects. enhance mutual understanding. European Commission 6 Foreword ETf and CER

A meaningful European social dialogue the European Union and in the Western is the social partners’ instrument to con- Balkan countries. The rail social partners tribute to European integration and to are particularly proud of having been Balkan Countries Western Sectorin the Railway in build Social Europe. The rail sectoral di- able to bring together rail social partner Social Dialogue European and the Social DialogueThe alogue has been since it has been set up representatives from Croatia, Monte- active and productive. From the agree- negro, F.Y.R. of Macedonia, Serbia but ments on working conditions to joint re- also from Bosnia and Herzegovina and commendations and projects, European active members of the European social rail social partners have constantly been dialogue from the companies’ and trade assessing the needs of the sector and unions’ side. This is a first step. Other in- have tried to bring the best possible so- itiatives will be needed in the future to lutions and means to improve both the pursue the dialogue. staff working environment and the effi- ciency of the rail system. Our last words are for EVA Academy and in particular for Ms Almut Spittel. The joint CER-ETF project “Social dialogue We would like to thank them and to in the railway sector in Western Balkan congratulate them for the work done. countries” allowed the European social The success of this project is largely partners to jointly meet their members due to their high dedication and their and to gain knowledge about the situation hard work. For all and on behalf of all of the railway sector and the functioning those who have attended, thank you. of the social dialogue in the Western Balkan region. It also aimed at creating awareness about the functioning and the activities of the European rail social dia- logue in the new Member State Croatia and in the candidate countries of the Xavier Martin Western Balkan region. It is also an invita- Senior Policy Adviser CER tion to actively participate and make use of the instruments already produced by the European social partners.

The purpose of this publication is to Sabine Trier take stock of the situation both within Deputy General Secretary ETF 7 Belgrade, Serbia Skopje, Macedonia

Introduction

The European social partners of the lem-solving potential of social dialogue The countries involved in this project railway sector, the Community of Eu- at all levels” to reach “a high-employ- were the new member state Croatia and ropean Railway and Infrastructure ment economy delivering economic, the candidate countries Serbia, Monte- Companies (CER) and the European social and territorial cohesion” . This pro- negro and F.Y.R. of Macedonia. Country Transport Workers’ Federation (ETF), ject reinforced the impact and visibility visits and a seminar on experience and share the opinion that social dialogue of European social dialogue outcomes in information exchange on national and is necessary to develop the rail sector the railway sector in the Western Balkan European social dialogue in the railway and improve working conditions for countries. The measures strengthened sector formed the main features of this company employees. They are en- the capacity of social partners of the project. The idea was to introduce so- deavouring to conduct an intensive candidate countries to develop the na- cial dialogue as an instrument to solve dialogue at European level, because tional social dialogue and to be infor- problems jointly on a bipartite basis. a joint statement of both parties has med about the structure and outcome At the same time the initiators wanted great relevance for the sector. Results of the European social dialogue. to highlight that it is necessary to be of their joint work influence legislation educated and trained in using the tool and politics. Examples are the agree- European institutions emphasize, that of social dialogue and to be informed ment on a “European licence for drivers a functioning social dialogue is import- about the dialogue process and the po- carrying out a cross-border interoper- ant for growth and employment in the tential benefits. Another leading aspect ability service” and the agreement on countries. “Beyond all the diversity of was to show that there are a lot of pos- “Working conditions of mobile staff national industrial relations systems, so- sibilities for conducting social dialogue in cross-border services”, which beca- cial dialogue is a key component of the at a company, regional or national level. me via different legislative procedures European social model and its vital role The experts explained the different sys- binding directives. The joint opinion is recognised by the European Treaties, tems in Europe and gave an overview on „Social aspects and the protection including the Charter of Fundamen- of the diversity of dialogue forms and of staff in competitive tendering of rail tal Rights.” The Communication of the the possibilities offered. The project public transport services and in the European Commission even states that also wanted to raise the social partners’ case of change of railway operator“ “strong social dialogue is a common ability to fulfil their role in the dialogue contains demands affecting social as- feature in those countries where labour process. The discussion should reveal pects, which were included in the Eu- markets have proved to be more resili- which circumstances influence the de- ropean Parliament’s position for amen- ent to the crisis.” velopment of social dialogue – both ding regulation 1370/2007. Important positively and negatively. is the participation and involvement CER and ETF wish to introduce the so- of the affiliates and member organisa- cial partners of the rail sector in the A fundamental precondition is a mutu- tions in the countries. candidate countries to the work being al understanding and trust between the done at European level. They also pro- social partners in this process. The basic At the European level social dialogue is mote social dialogue in the member rules of dialogue must be adhered to. In- seen as an effective means to develop states and candidate countries in the dividual partners must not just proclaim the industry and to meet current chal- Western Balkan region. They initiated their own viewpoint but also listen to lenges. It is the aim of the European this project to start and intensify the the other partners take them serious- Union and the European social partners communication process with social ly and consider their arguments. This 8 “to strengthen the capacity of social partners in the Western Balkans and at climate can be achieved with well-pre- partners and make full use of the prob- the European level. pared meetings and information Podgorica, Montenegro Zagreb, Croatia

exchange. To this end the project orga- of Macedonia and Serbia took place in • the priming of the social partners nised a seminar for the exchange of ex- Split, Croatia. It contributed to a bet- from the candidate countries for the perience and information between the ter mutual knowledge of the various European social dialogue social partners in the Western Balkan sectoral social partners from the new countries and experts from the mem- and old member states, a better un- • the identification of the prospects of ber states and European institutions. derstanding of the national systems the railway sector and the social part- and the European social dialogue and ners regarding EU membership. The European social partners CER, in a smoothing of the integration of the person of Jean-Paul Preumont, and ETF, new partners into the European Social This brochure on “European Social Di- in person of Sabine Trier, have been sup- Dialogue. Specifically, this resulted in: alogue and Social Dialogue in the Rail- porting the social dialogue in candidate way Sector in Western Balkan Countries” countries for several years. They have • a strengthening of the capacity of presents the European social dialogue experience in the promotion of the situ- the social partners of Croatia and the in the railway sector and the situation ation in former candidate countries. candidate countries to contribute to of the social dialogue in Western Balkan In 2004 CER and ETF carried out a first the national - and in future the Euro- countries. The publication describes in round of information seminars on the pean - social dialogue, the following two sections social dia- European social dialogue in the new logue at the European level, especially member states. The seminars took place • a reinforcement of the impact and relating to the rail sector. The social in 2004, the first one in Budapest with visibility of European social dialogue partners in this sector are constantly the participation of the social partners outcomes in the railway sector in the interacting to reach agreements and re- from Hungary and Slovenia and the candidate countries, commendations on relevant social and second one in Bratislava involving the labour-related issues for the rail sector. social partners from Slovak Republic, • better mutual understanding bet- The structure, process and outcome of Czech Republic and Poland. The second ween the partners of the sectoral so- the social dialogue will be presented in round of information seminars took place cial dialogue in the candidate coun- this brochure. Achievements so far will in 2006 in Tallinn and Bucharest. The par- tries, motivate the partners to continue and ticipating countries were Estonia, Latvia, intensify dialogue and to develop joint Lithuania, Bulgaria and Romania. • information for the social partners activities. In the third section the spe- in the candidate countries regarding cific situations in Croatia, Montenegro. With this positive experience the joint the objectives and activities of the F.Y.R. of Macedonia and Serbia will be seminar with social partner represen- European social dialogue in the rail- described by representatives of the rail tatives from Croatia, Montenegro, F.Y.R. way sector companies and trade unions.

1 European Commission (2010): Europe 2020 - A European strategy for smart, sustainable and inclusive growth. Communication from the Commission. P. 22, p.5. 2 European Commission (2012): Industrial Relations in Europe 2012. Commission Staff Working Document. P. 8. 3 European Commission (2012): Towards a job-rich recovery. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee of the Regions. European Commission. Strasbourg. P. 12. 9 1 Social dialogue – understanding how it works

1.1 Background and political situations. des that workers shall enjoy adequate protection against acts of anti-union Actors in industrial relations are familiar The development of social dialogue is discrimination, including requirements with the term ‘social dialogue’. When it based on a number of regulations and that a worker shall not join a union or comes to influencing the arrangement joint agreements arrived at in Europe. relinquish trade union membership for and development of work related issues, These are fundamental texts which re- employment, or dismissal of a worker social dialogue is an effective instrument gulate workers’ participation and pro- because of union membership or par- for the actors, the social partners. What mote social dialogue: ticipation in union activities. Workers‘ do we understand by the term ‘social di- and employers‘ organisations shall enjoy alogue’? The definition of the Internatio- • ILO conventions “Freedom of Associ- adequate protection from any acts of nal Labour Organisation (ILO) says ation and Protection of the Right to interference by each other, in particular Organise Convention, 1948 (No. 87)” the establishment of workers‘ organisa- “Social dialogue includes all types of and “Right to Organise and Collective tions under the domination of emplo- negotiation, consultation and exchange Bargaining Convention, 1949 (No. 98)”. yers or employers‘ organisations, or the of information between, or among, repre- support of workers‘ organisations by fi- sentatives of governments, employers • European Social Charter (1961). Col- nancial or other means, with the object and workers on issues of common in- lected texts, 6th edition, updated to of placing such organisations under the terest. How social dialogue actually 30 June 2008. control of employers or employers‘ orga- works varies from country to country nisations. The convention also enshrines and from region to region. It can exist • The Community Charter of the Fun- the right to collective bargaining. as a tripartite process, with the govern- damental Social Rights of Workers in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in ment as an official party to the dialogue (1989). The European Social Charter is a Council The European Social Dialogue European and the Social DialogueThe or it may consist of bipartite relations of Europe treaty which guarantees social between labour and management, • Charter of fundamental rights of the and economic human rights. It was ad- with or without indirect government European Union. 2000. opted in 1961 and revised in 1996. Artic- involvement. It can be informal or ins- le 21 of the revised version determines titutionalised, and often is a combina- The principle of freedom of associati- the right of workers to be informed and tion of the two. It can take place at the on is at the core of the ILO‘s values. The consulted on the economic and financial national, regional or at enterprise level. right to organise and form employers‘ situation of the company and proposed It can be inter-professional, sectoral or and workers‘ organisations is the prere- decisions, which could substantially af- a combination of these.” quisite for sound collective bargaining fect the interests of workers. Article 22 and social dialogue. The relevant ILO extends the right of participation: The principle of informing and consul- instruments are set out in two main ting workers’ representatives is at the conventions: Article 22 – The right to take part in the core of the European social model and determination and improvement of especially of social dialogue. Directive Freedom of Association and the working conditions and working 2002/14/EC establishing a general Protection of the Right to Organise environment framework for informing and consul- Convention, 1948 (No. 87) ting employees in the European Com- This fundamental convention sets forth munity, sets out “minimum require- the right of workers and employers ments for the right to information and to establish and join organisations of consultation of employees in under- their own choosing without previous takings or establishments within the authorisation. Workers‘ and employers‘ Community”. This directive anchors the organisations shall organise freely and information and consultation rights as not be liable to be dissolved or suspen- part of social dialogue in EU legislation ded by administrative authority, and (acquis communautaire). New member they shall have the right to establish states must implement social dialogue and join federations and confedera- structures and activities and integrate tions, which may in turn affiliate with it into their national provisions. It can international organisations of workers take different forms and have different and employers. levels of relevance across the 28 EU member states. The varying national Right to Organise and Collective 10 patterns of dialogue reflect the coun- Bargaining Convention, 1949 (No. 98) tries’ different histories and economic This fundamental convention provi- With a view to ensuring the effective the right to negotiate and conclude col- laid down in the Charter. However, exercise of the right of workers to take part lective agreements under the conditions the Charter has legal application only in the determination and improvement laid down by national legislation and when the institutions and member sta- of the working conditions and working practice. tes are implementing EU law. It does environment in the undertaking, the Parties not extend the competences of the undertake to adopt or encourage measures The dialogue between the two sides of Union beyond those already granted enabling workers or their representatives, in industry at European level, which must in the Treaties. The United Kingdom, accordance with national legislation and be developed, may, if the parties deem it Poland and the Czech Republic have practice, to contribute: desirable, result in contractual relations secured an opt-out from the applica- in particular at inter-occupational and tion of the Charter. a. to the determination and the improve- sectoral level. ment of the working conditions, work With the entry into force of the Lisbon organisation and working environ- The Charter of Fundamental Rights Treaty on 1 December 2009, the Charter ment; consolidates in a single document the (as amended in December 2007) recei- b. to the protection of health and safety fundamental rights applicable at the ved the same legal value as the Treaties within the undertaking; European Union (EU) level. It was proc- and became equally binding. c. to the organisation of social and so- laimed in Nice on 7 December 2000. It cio-cultural services and facilities wit- establishes ethical principles and rights Articles 27 and 28 refer to “Workers’ hin the undertaking; for EU citizens and residents that relate right to information and consultation d. to the supervision of the observance of to dignity, liberty, equality, solidarity, ci- within the undertaking” and to “Right of regulations on these matters. tizenship and justice. collective bargaining and action”. It also contains an explicit request to the Com- The Community Charter of the Funda- The provisions of the Charter are ad- mission to put forward proposals for mental Social Rights of Workers was dressed to the institutions and bo- translating the content of the Charter adopted in 1989 by all member states dies of the EU, as well as to its mem- into legislation. The Charter has been Balkan Countries Western Sectorin the Railway in except the United Kingdom. The Char- ber states. EU and national legislation followed up by action programmes and Social Dialogue European and the Social DialogueThe ter is seen as a political instrument must be consistent with the principles specific legislative proposals. containing „moral obligations“, whose object is to guarantee that certain soci- al rights are respected in the countries Val Duchesse Castle, Brussels: concerned. These relate primarily to the In January 1985 Jacques Delors, president of the European Commission, labour market, vocational training, soci- invited the European social partners to meet for the first time al protection, equal opportunities and to initiate European social dialogue. health and safety at work. The relevan- ce of the results of social dialogue are mentioned under point 12:

12. Employers or employers‘ organisa- tions, on the one hand, and workers‘ organisations, on the other, shall have

4 http://www.ilo.org/global/about-the-ilo/decent-work-agenda/social-dialogue/lang--en/index.htm 5 http://eur-lex.europa.eu/resource.html?uri=cellar:f2bc5eea-9cc4-4f56-889d-3cc4c5ee5927.0004.02/DOC_1&format=PDF. Article 1. 11 6 http://www.ilo.org/global/about-the-ilo/decent-work-agenda/social-dialogue/lang--en/index.htm 7 http://www.coe.int/t/dghl/monitoring/socialcharter/presentation/ESCCollectedTexts_en.pdf 8 http://europa.eu/legislation_summaries/glossary/social_charter_en.htm 9 http://www.europarl.europa.eu/charter/pdf/text_en.pdf 1.2 Objectives and benefits the European social model. Because able to negotiate binding agreements of social dialogue social dialogue plays a relevant role in and non-binding recommendations the member states, especially in the on relevant social and employment Organisations representing employers founding member states and those that topics on an ongoing basis. With their and workers play an important role in joined up until the end of the 20th cen- joint opinions and declarations they in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in the member states of the EU. They are tury, it was included in the institutional can make their concerns known to the The European Social Dialogue European and the Social DialogueThe the actors influencing developments and policy-making texts and processes European Commission, the European at the workplace and in the wider that these countries constructed at Parliament and the Council of Ministers. economy and society. The nature and European level. The European social partners in the rail extent of this role varies considerably sector have already conducted a wide from country to country. On national The social partners have the best variety of initiatives and they have ge- level it includes setting pay and employ- knowledge and experience of the re- nerated a large number of joint texts, to ment conditions through collective alities of the employment and social promote their policies. The outcome of bargaining in different forms and on situation in the respective sector and the social dialogue in the rail sector is different levels. They can jointly draft companies. Their consultation by poli- described in a separate chapter. agreements on areas such as social se- ticians and authorities can improve go- curity, training or health and safety, or vernance in the area of work-related is- 1.3 The European social discuss issues of mutual interest. The sues. By reaching agreements, they can dialogue – history and social partners also express opinions to achieve compromises and balance their development governments and other public authori- interests in a way that sometimes is not ties through consultations. In best-case possible for legislation. The benefits of Social dialogue exists at different levels scenarios they can influence the sha- social dialogue have long been widely within the respective countries but also ping of employment law and policy. recognized in the member states. at the level of the European Union. To- gether with European social legislation, The European social model is a common As the European economy and labour European social dialogue is a major ins- vision nurtured by many European states market have become more integrated, trument for improving labour standards for their societies. There is broad accep- it became necessary to develop the em- in the European Union and for contribu- tance that this model at least includes ployment and social-policy role of the ting to the modernisation of labour mar- sustained economic growth, a high and EU. The EU institutions and member sta- kets. The European social dialogue has rising standard of living, high levels of tes have decided, that similar benefits different tasks and takes different forms employment, high-quality education, can be achieved through social dialo- to the ones at national level. At Europe- comprehensive welfare and social pro- gue at European level. But social dialo- an level European organisations, which tection, low levels of inequality and gue at European level - due to its trans- represent employers and workers at high levels of solidarity, and an im- national character - takes a different national level, conduct discussions and portant role for representatives of wor- form to the ones at national, regional negotiations to reach joint agreements kers and employers and the dialogue or company level. The European social or recommendations and to influence between them. The social dialogue partners provide a forum to exchange EU policy-making. It is enshrined in the 12 and the quality of industrial relations ideas and opinions and to promote di- Treaty on the Functioning of the Europe- are regarded as being at the centre of alogue between the partners. They are an Union (Articles 151-155). sals in the social policy field, the Com- mission shall consult management and labour on the possible direction of Union action. 3. If, after such consultation, the Com- mission considers Union action ad- visable, it shall consult management and labour on the content of the en- visaged proposal. Management and labour shall forward to the Commis- sion an opinion or, where appropriate, a recommendation. 4. On the occasion of the consultation referred to in paragraphs 2 and 3, man- We will not write the complete history agreements, on parental leave (1995), agement and labour may inform the of European social dialogue, but a brief part-time work (1997) and fix-term work Commission of their wish to initiate the overview is useful to understand forms (1999), resulting in binding directives in process provided for in Article 155. The and processes. The roots of social dia- the member states. Articles 138 and 139 duration of this process shall not exceed logue at European level can be traced in the Treaty of Amsterdam (1997) insti- nine months, unless the management back to the European Coal and Steel tutionalised European social dialogue and labour concerned and the Commis- Community (ECSC) established in 1952 as a means of consulting the social part- sion decide jointly to extend it”. by six countries. A Consultative Commit- ners on social initiatives and legislation Article 154 TFEU tee was in charge, gathering representa- at European level and as an instrument tives of coal and steel producers, work- with which to negotiate agreements. 1. Should management and labour so ers, consumers and dealers. In later years New types of texts in the autonomous desire, the dialogue between them at Balkan Countries Western Sectorin the Railway in this principle was extended to the over- dialogue between cross-sectoral social Union level may lead to contractual Social Dialogue European and the Social DialogueThe all economy within the European Eco- partners led to framework agreements, relations, including agreements. nomic and Social Committee. Forms of e.g. on work-related stress (2004), gen- 2. Agreements concluded at Union le- EU-level cross-industry dialogue started der equality (2005), harassment and vio- vel shall be implemented either in to emerge in 1970 and were essentially of lence at work (2007) and inclusive labour accordance with the procedures and a tripartite nature. In the 1980s bipartite markets (2010). practices specific to management and dialogue between employer and work- labour and the Member States or, in er representatives started to gain rele- The Treaty of Lisbon (2009) amends the matters covered by Article 153, at the vance due to new social and economic EU‘s two core treaties, the Treaty on Eu- joint request of the signatory parties, issues arising from the European inter- ropean Union and the Treaty establishing by a Council decision on a proposal nal market. The so-called Val Duchesse the European Community. The latter has from the Commission. The European dialogue achieved the first Treaty rec- been renamed the Treaty on the Functio- Parliament shall be informed. The ognition for EU-level social dialogue be- ning of the European Union (TFEU). It in- Council shall act unanimously where tween management and labour. tends to provide the Union with the legal the agreement in question contains framework and tools necessary to meet one or more provisions relating to one With the Maastricht Treaty (1992), the future challenges and to respond to citi- of the areas for which unanimity is re- European-level social partners were ac- zens‘ demands. The provisions on social quired pursuant to Article 153(2). corded a stronger role in framing and dialogue, on social partner consultations Article 155 TFEU applying Community social policy and and negotiations (formerly Articles 138 greater legitimacy through their new and 139 of the Treaty of Amsterdam) have The main change is that the TFEU cont- right to be consulted on proposed Com- been retained virtually unchanged in the ains a new Article 152: munity action. Cross-industry dialogue TFEU (Articles 154 and 155). “The Union recognises and promotes was conducted either by the social part- the role of the social partners at its level, ners, following their own autonomous 1. The Commission shall have the task taking into account the diversity of nati- agenda, or through consultations based of promoting the consultation of ma- onal systems. It shall facilitate dialogue on the Commission’s legislative agen- nagement and labour at Union level between the social partners, respecting da. The autonomous dialogue resulted and shall take any relevant measure their autonomy. The Tripartite Social in joint opinions and declarations on to facilitate their dialogue by ensuring Summit for Growth and Employment aspects of employment and economic balanced support for the parties. shall contribute to social dialogue.” policy. Consultations led to framework 2. To this end, before submitting propo- Article 152 TFEU

10 For more information see: European Commission, Directorate-General for Employment, Social Affairs and Inclusion: Social Europe guide. Volume 2: Social Dialogue. January 2012. 11 Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Treaty of Lisbon (2007). 2008. Article 152. 13 1.3 The European Social ners can, on their own initiative, discuss Social partners may decide to open ne- Dialogue – forms and matters of mutual concern, carry out gotiations and to deal with a specific is- processes joint work and negotiate agreements sue through bipartite social dialogue at and other joint texts. any stage during the two consultation EU-level social dialogue, at both cross-in- phases. In this case the Commission in- dustry and sector levels, takes two main The Commission consults the cross-in- itiative is suspended. However, if the Eu- forms. One is the action in response to dustry and sectoral social partners on ropean social partners do not wish to do consultations by the European Commis- different issues and the partners can so and the Commission considers that sion, the other is the independent work develop joint responses through the Union action is desirable, it will continue on issues identified by the social part- social dialogue committees. In Euro- to prepare its legislative proposal. ners themselves. These processes can pean legislation processes pertaining be formal or informal, can be limited to to employment and social policy the 2) The European social partners are workers’ and employers’ organisations Commission has to consult the social consulted by Commission services on and can also include the government partners. They can negotiate agree- developments at Union level in all areas and other public authorities. ments which may be given legal force (such as trade, internal market, educati- by an EU directive, as indirectly in the on, industrial or transport policies) ha- Dialogue takes two basic forms and occurs case of the agreement on a “Europe- ving social implications. at two main levels. Its form can be either: an Licence for drivers carrying out a • bipartite, involving only the social cross-border interoperability service” Article 2 of the Commission Decision partners (organisations representing (Directive 2007/59/EC) and directly in 98/500/EC of 20 May 1998: Each Com- employers and workers) or the case of the agreement on “Working mittee shall, for the sector of activity for • tripartite, involving both the soci- conditions of mobile staff in cross-bor- which it is established, al partners and the EU institutions der services” (Directive 2005/47/EC). In (a) be consulted on developments at in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in (mainly at cross-industry level) the transport sector a number of legis- Community level having social impli- The European Social Dialogue European and the Social DialogueThe The main levels of dialogue are: lative measures have a direct social im- cations, and • cross-industry, which means a dia- pact, which means that they should be (b) develop and promote the social dia- logue whose scope covers the whole deemed social legislation in the view logue at sectoral level. EU economy and labour market and of the social partners. all sectors; 3) In addition, social partners can take • sectoral, covering one specific indus- Process of Consultation 12 part in all public consultations on non-le- try across the EU; and gislative initiatives (e.g. Green papers, • company, where the main forums Before submitting a proposal in the White papers, Communications) laun- are the European Works Councils, social policy field and prior to legisla- ched by the Commission often prior to tive proposals on social matters, the the preparation of an impact assessment depending on the level at which dif- Commission has a duty to consult the for new or modified EU legislation. As this ferent organisations participate in the social partners on their views of a pos- initiative is part of a more general frame- dialogue. At cross-industry level trade sible new EU-wide initiative or legis- work, social partners will be consulted unions are represented by the Europe- lation. The consultation includes dif- on the same basis as other stakeholders. an Trade Union Confederation (ETUC) ferent steps and stages. Under Article However, if the European social partners and employers by BusinessEurope 154 TFEU, European social partners (broadly private-sector employers), are consulted by the Commission on the European Centre of Employers and the principle and content of any Euro- Enterprises Providing Public Services pean social policy initiative in a formal (CEEP) and the European Association of two-stage consultation procedure. Craft, Small and Medium Sized Enterpri- ses (UEAPME). At sector level the social In the first phase the Commission partners are associations bringing to- consults the EU social partners on the gether national unions and employers’ possible direction of a new legislative associations operating in a particular proposal in the field of social policy. The industry across Europe. social partners reply within a period of six weeks. After analysing the replies, 43 sectors of industry, services and the Commission decides whether to commerce have set up social dialogue hold a second round of consultation. If committees; one of them is the railway so, it consults the European social part- sector. The work of the committees is ners on the content of the proposal. The 14 supported by the European Commissi- social partners must again reply to the on. In these committees the social part- Commission within six weeks. The social partners present their joint opinion on “The protection of staff in competitive tendering” to MEPs in September 2013 LTR: Matthias Rohrmann (CER), Dr. Libor Lochman (CER), Karim Zéribi (MEP), Bogusław Liberadzki (MEP), Guy Greivelding (ETF), Karl-Heinz Zimmermann (EVG), François Nogué (CER) adopt a joint position it can provide a and expertise for their sector, including ber states. The initiative provides for in- strong and representative indication of data and other technical input, thereby terpretation into 6 languages. realistic policies and their impacts, which contributing to the quality of both the should be taken into account in any sub- impact assessment and decision-making. 15 participants per side using 3 working sequent impact assessment. languages are reimbursed for working Sectoral Social group meetings. The rail sector has in- Impact Assessment 13 Dialogue Committees stalled two working parties:

The Commission is committed to consult The sectoral social dialogue committees Working party I: social partners in relation to impact as- are the main bodies for the development Adaptability – Interoperability sessments, which are compulsory for the of joint actions by the social partners at Working party II: European Commission when preparing European level. The rail sector has instal- Employability and Equal Opportunities new or modifying existing legislation led its sectoral social dialogue commit- Balkan Countries Western Sectorin the Railway in as mentioned in its Impact Assessment tee. The social partners are autonomous 5 participants are reimbursed per side Social Dialogue European and the Social DialogueThe Guidelines. These guidelines indicate in their work. They decide on the wor- for steering group meetings. that consultation must comply with the king programme, the number and dates Commission’s general principles and mi- of meetings and the planned outcome. In addition, ad-hoc project working nimum standards for consultation (e.g. The European Commission supports the groups will convene, depending on the regarding minimum response times, work financially and organisationally. working programme. One plenary mee- sufficient publicity and outreach to all ting takes place per year. This sets out relevant target groups, or the need to Meetings are divided into plenary mee- the annual work programme and elects provide feedback on the outcomes). tings, working group meetings and the president and vice president of the steering group meetings. In plenary European social dialogue committee The views and input of European social meetings 28 representatives for the for the rail sector. partners can be a key element in the Com- employers and the workers respectively mission’s impact assessment process. can be reimbursed by the European The following chapter describes the ac- European social partners are particularly Commission. Reimbursement of costs tivities and outcome of the European well placed to provide detailed evidence is limited to representatives of EU mem- social dialogue (rail).

12 From: European Commission (2014): Vademecum – A Practical guide for EU Social Partner Organisations and their National Affiliates. 13 From: Vademecum – A Practical guide for EU Social Partner Organisations and their National Affiliates. March 2014. 15 2 The European social dialogue in the railway sector

2.1 The history of the catalyst. European social partners have and there has to be mutual recognition European Social Dialogue the right to decide to carry out autono- of each other as a partner. in the rail sector mous negotiations (Art. 155). The recognised social partners in the rail European social dialogue in the rail Negotiations according to Article 155 of sector are on the employers’ side: transport sector has a long history. In the Treaty: an important experience. • Community of European railways and 1972 a joint committee for the rail sec- The European railway social partners infrastructure companies (CER) tor was founded on the initiative of the negotiated for the first time in 1996, • European Infrastructure Managers European Commission. Its members and signed in 1998, an agreement re- (EIM) since 2005, were nominated by the Commission, garding the integration of railway wor- based on proposals made by the rele- kers in the EU‘s working time directive and on the trade union side: vant social partners. The joint commit- (93/104/EEC, now 2003/88/EC). In this • European Transport Workers’ Federa- tee was initially more of a consultative agreement, the social partners jointly tion (ETF). body than a forum for real social dia- declared that railway workers shall be logue. But the social partners involved fully included in the scope of the wor- The tasks of the social partners in the for- used it to develop an active dialogue king time directive and identified three mal social dialogue are: and, moreover, since 1992 they have areas of activity where the derogation • Consultation on legislative proposals taken advantage of the possibilities possibilities of Article 17 of the directive (Article 154) provided by the Treaty of Maastricht may apply. • Establishment of a social dialogue pertaining to sectoral social dialogue. committee and active participation When the working time directive was • Negotiation of agreements for ex- in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The sectoral social dialogue committee amended and the excluded sectors ample on working conditions for the The European Social Dialogue European and the Social DialogueThe for the rail sector was founded in 1999, (transport workers, fishermen, doctors whole sector [Article 155(2) TFEU] at the joint request of the social part- in training) were included, the Com- ners, the CER and the ETF and replaced mission, European Parliament and the The bodies of the European social dialo- the Joint Committee. Its creation beca- Council of Ministers fully respected the gue are the Social Dialogue Committee, me necessary due to a requirement sti- agreement and definitions of the social the steering committee and working pulated in the Commission‘s Decision partners. However, in this agreement groups. 98/599, which extended the possibility the social partners agreed on principles for European social dialogue to all sec- and did not negotiate the terms and The social dialogue committee for the tors and did not foresee it only for a li- conditions for working time. railway sector has 28 members from mited number of joint committees. One each side - employers‘ associations of the main differences compared to 2.2 The structure of the (nominated by CER and EIM) and tra- the former joint committees is that the European Social Dialogue de unions (nominated by ETF). The social partners are no longer individuals in the railway sector reimbursement of participation by the nominated by the Commission, rather European Commission is limited to re- they are the representative and recog- The general procedure of formal soci- presentatives of EU member states. The nised European social partner organisa- al dialogue on EU level is described in Committee meets once a year in a plen- tions, which themselves nominate the chapter 1.3. This procedure also applies ary meeting. Current chairman is Guy participants. in the rail sector. Greivelding (ETF), current vice-chair- man is Matthias Rohrmann (CER). The The European social dialogue is en- Bipartite social dialogue is the most im- chairman and the vice-chairman are shrined in the EU Treaty (Article 152 portant form of dialogue for the rail sec- elected every two years. TFEU). The European Commission has tor. The European social partners parti- to support and facilitate the dialogue cipating in the formal social dialogue The Steering Committee is composed between social partners while respect- have to be recognised by the European of five representatives from each side ing their autonomy (Articles 152, 154). Commission as representative social and the secretariats of the CER, EIM and The Commission also has to consult partner organisations for the railway ETF. It prepares the agenda for the plen- social partners in the social policy field sector. Criteria are that they have to be ary meeting. The social dialogue com- (Art. 154) and in accordance with the European organisations, their affiliates mittee for the railway sector has two impact assessment procedure for new have to be recognised social partners at permanent working groups. Working sector legislation, for example regard- national level, they have to have a man- group I focuses on adaptability and in- ing the 4th Railway Package (internal date and the capacity to act as a social teroperability (chairman: Anders Olofs- 16 procedure). It functions as a kind of partner organisation at European level son (CER), rapporteurs are Serge Pitel- jon (ETF), Barbara Grau (CER)). Working Group II focuses on employability and equal opportunities (chairwoman: Ma- ria-Cristina Marzola (ETF), rapporteurs: Viktoria Kalass (CER), Daniela Zlatkova (ETF)).

The social dialogue committee is orga- nised according to internal rules. Howe- ver, in its daily work it follows a flexible approach and utilises its structures ac- cording to different needs as they ari- se. In addition to the formalised social dialogue the European social partners Signing of the joint recommendations on Security: install ad-hoc project groups, which On 5th December 2012 by Libor Lochman, Dr. Rudolf Müller, depend on the yearly work programme. Sabine Trier and Guy Greivelding (LTR)

2.3 The Social Partners to a regulatory environment enhancing between the sector and the European business opportunities for European institutions. To achieve this, we are fos- 2.3.1 The Community of Euro- railway and railway infrastructure com- tering a common and united European pean Railway and Infrastruc- panies. railway community. ture Companies (CER) Balkan Countries Western Sectorin the Railway in Communicating the railways Other rail organisations are regularly Social Dialogue European and the Social DialogueThe The Community of European Railway invited to participate in CER working and Infrastructure Companies (CER) is The main challenges for communica- groups. Discussions on infrastructure, the leading European railway associa- tions are building CER’s reputation as freight, and passenger issues are fre- tion. It was founded in 1988 with twel- a competent and reliable partner and quently held between CER experts from ve members and now brings together bringing the railway messages to the the Brussels office and CER members more than 70 members - European rail- fore in a differentiated environment. and representatives from the European way undertakings, their national asso- Using a wide range of internal and ex- Rail Infrastructure Managers (EIM), the ciations and infrastructure companies. ternal communication tools, CER aims International Union of Railways (UIC), The membership is made up of long-es- to present the sector’s positions to Eu- the European Rail Industry (UNIFE), and tablished bodies, new entrants and ropean institutions, the public and CER the International Union of Public Trans- both public and private enterprises. members. Events and media relations port (UITP). Recent activities have also are used to raise awareness of CER posi- led to close co-operation between rail CER members represent about 61% of tions, while publications provide essen- associations on technical issues. Since the rail network length, more than 84% tial information on many issues. Internal its establishment by the EU in 2004, of the rail freight business and about communications tools, like the wee- the European Railway Agency (ERA) has 99% of rail passenger operations in EU, kly newsletter, CER Monitor, keep CER become another key partner in most EFTA and EU accession countries. members up to date on recent trans- technical harmonisation issues. port developments in the EU. Over the Geographically, CER members come past year, two new information tools CER also maintains close relationships from the European Union, Norway, have been launched on a monthly ba- with the European Federation of Railway Switzerland, Moldova, the candidate sis. The CER Technical Monitor informs Trackworks Contractors (EFRTC), the Eu- countries (Macedonia, Montenegro, members about ERA-related activities, ropean Transport Workers’ Federation Serbia and Turkey) and the Western Bal- and the CER Environment Monitor focu- (ETF), the International Union of com- kan countries. ses on rail-related environment issues. bined Road-Rail transport companies (UIRR), RailNetEurope (RNE) and the CER is based in Brussels and represents Dialogue with partners International Rail Transport Committee the interests of its members to the Eu- (CIT), among others. On specific issues, ropean Parliament, European Commis- CER constantly strives to be a reliable, CER liaises with non-rail organisations sion, Council of Ministers and other competent and committed partner, too, including NGOs such as Transport policy-makers and transport stakehol- building stable relationships based and Environment (T&E), road lobby or- ders. CER’s objectives are to contribute on active and transparent dialogue ganisations like the International Road 17 Transport Union (IRU) and the Federati- term, to reducing costs. CER supports ac- ly, promoting the development of rail on Internationale de l’Automobile (FIA) tively the work of the European Railway traffic by providing an efficient cost-ef- and financial bodies, such as the Euro- Agency set up in 2005. fective and open rail network, in which pean Investment Bank (EIB). CER is also infrastructure managers operate in a a member of the Centre of European Po- Structure and Organisation non-discriminatory manner to facilitate licy Studies (CEPS) and Friends of Euro- optimisation of overall system cost and pe, two Brussels-based think-tanks, and CER is run by a multinational team led performance whilst taking the lead in Rail Forum Europe, an MEPs’ platform by the Executive Director. The team co- developing the network. dedicated to rail transport. vers all policy issues affecting rail: infra- structure, passenger and freight trans- Membership CER and the social dialogue port. It provides special support for its Central and Eastern European members The current members are the rail in- CER is a non-profit organisation, rec- and has a special focus on social affairs. frastructure managers from 11 EU ognised by the European Commission CER offers expertise and advice to po- countries (Belgium, Denmark, Finland, as a representative social partner or- licymakers in Brussels. The members France, Italy, Portugal, Spain, Slovenia, ganisation for the railway sector on the meet regularly at working group level Sweden, the Netherlands, the UK) and employer‘s side. It has been granted full on specific issues, and twice a year at one European Free Trade Association powers to comply with the role given senior level, in order to decide on the country (Norway). EIM members provi- to social partners by the EC treaty that policy guidelines for the CER work. de direct employment to over 200,000 is, consultation on legislative proposals people and their networks cover according to Art. 154 and negotiation 2.3.2 The European Rail Infra- 93,000 km of lines, i.e. 50% of the EU of agreements on, for instance, working structure Managers (EIM) 25. In 2004, they transported 3.15 billi- conditions for the whole sector accord- on passengers (50% of the EU 25) and in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in ing to Art. 155. CER is committed to the EIM is a Brussels-based, international, 350 million freight tonnes (30% of the The European Social Dialogue European and the Social DialogueThe European social dialogue. non-profit association which represents EU 25). Regarding independence in a the common interests of independ- liberalised market, the infrastructure Other key policy issues ent European Rail Infrastructure Man- manager, who is at the heart of the agers. EIM currently has 11 full and 2 railway network, must be neutral and CER‘s main focus is the promotion of rail associate members accounting for 11 independent and provide a level play- transport development: this is essential European countries. The members of ing field for all customers and potenti- to the creation of a sustainable transport EIM are dedicated to improving railway al customers. Separation of infrastruc- system that is efficient and environmen- infrastructure management and the ture from operation clarifies the roles tally sound. A key priority in this respect service they provide to their custom- of all players concerned, i.e. the infra- is the achievement of a more balanced ers. They achieve this by promoting structure manager on the one hand modal split in the transport system, self-improvement through benchmark- and operators on the other, and as minimising external costs to society and ing and the exchange of best practice. such is conducive to a transparent pro- improving economic efficiency. In paral- The organisational structure of EIM is cess. This neutrality and transparency lel with the railways‘ own initiatives for designed to provide the best platform. enable the infrastructure manager to improving the quality of rail services, offer a safe and efficiently managed CER sees ensuring proper funding for rail EIM mission network, which in turn attracts custo- infrastructure modernisation (both at mers and encourages competition. the national level and through EU TEN-T Since its creation in 2002, EIM has been and Cohesion funds) as a prerequisite the main lobbying organisation for the Those customers compete and/or for achieving the desired modal split. independent Infrastructure Managers. co-operate with each other for the fol- Creating fair framework conditions for EIM‘s mission is to improve the develop- lowing reasons: transport economics, in particular a lev- ment of the rail transport mode by ac- el playing field for infrastructure access ting as a lobby organisation towards • Non-discriminatory allocation of charging in all transport modes, is anoth- and together with the industry, and track capacity in line with market de- er condition for achieving a modal shift. also to provide expertise to the approp- mands CER therefore believes that the internal- riate bodies including the European Rail • Access for all licensed railway under- isation of external costs in infrastructure Agency (ERA). takings access charges must be achieved in fu- • Compulsory procurement for public ture EU legislation. Achieving European Vision passenger services rail system interoperability is vital to im- proving rail‘s competitiveness for inter- The EIM vision is to create level playing Ultimately, all of this will result in 18 national freight business and, in the long field both intramodally and intermodal- growth of rail traffic and job security. Activities unions, which organise workers in the ETF has also established three per- railways, road transport and logistics, manent committees: The Urban Public EIM recognises that the industrial, po- maritime transport, ports and docks, Transport Committee, the Women’s litical and international context has inland waterways, civil aviation, fishe- Committee and the Youth Committee. indeed evolved and therefore the ries and tourism services. The various sections act autonomous- transport policy needs to be adapted ly within the ETF, in accordance with in order to ensure sustainable mobility. The ETF represents more than 3 milli- general ETF policy. They decide their EIM believes there are various ways to on transport workers from 243 trade own work programme, elect their own develop these issues whilst taking into unions and 41 European countries. European leadership and are responsi- account the level playing field between ble for political decisions and positions all transport modes: Working within an overall framework of relating to the respective transport sec- global solidarity, the ETF operates both tor. The ETF employs a small team com- • Working together with the other as the European region of the Internati- prised of 16 staff members. Political and stakeholders to encourage a freight onal Transport Workers’ Federation (ITF) day-to-day work is managed jointly by oriented network and as the transport federation of the General Secretary Eduardo Chagas, the European Trade Union Confederation Deputy General Secretary Sabine Trier, • Contribute to appropriate develop- (ETUC). Its principal activity is to repre- five political secretaries, four assistants ment and implementation of EU sent and defend the interests of trans- and five staff members in administra- legislation such as the EC Railway port workers throughout Europe. It tion and accounting. Packages formulates and coordinates trade union positions on transport and social policy, The ETF Railway Section • Contribute to the ongoing debate to organises concerted industrial actions, find an efficient way to finance trans- engages in education and training and The ETF Railway Section represents 72 port infrastructure conducts innovative research on a vari- trade unions from 33 European coun- Balkan Countries Western Sectorin the Railway in ety of subjects from workers’ health and tries that organise about 900,000 rail- Social Dialogue European and the Social DialogueThe • Monitor, identify and influence the safety to employment impact studies. way workers. It elects its president, two work of the European Railway Agency vice-presidents, a representative of The ETF is the recognised social part- young railway workers, a representative • Monitor, identify and influence the ner in seven European Social Dialogue of women railway workers and three standard-setting bodies, e.g. CEN, Committees and represents the inter- ordinary members every four years and CENELEC. ests of transport workers across Europe together they form the Steering Com- vis-à-vis the European institutions, the mittee of the ETF Railway Section. The • Influence any other representative European Commission, the European Railway Section meets twice a year in a bodies Parliament and the Council of Ministers. plenary meeting of all railway trade un- ions. Between these two plenary meet- EIM became a European social partner The ETF established good links bet- ings, the Steering Committee acts as in 2005 upon request, after having been ween trade unions and the European the main management body. The ETF recognised by the existing social part- Parliament, the Economic and Social Railway Section established two Advi- ners CER and ETF. Committee and the Committee of the sory Groups, one for locomotive drivers Regions. and one for on-board personnel, which 2.3.3 The European Transport support the ETF work for these specific Workers’ Federation (ETF) ETF Structure and professions. Ad-hoc working groups are organisation also formed as needed. The European Transport Workers’ Federation (ETF) is a pan-European The ETF governing bodies at horizon- The ETF is as well represented in the Eu- trade union organisation which em- tal level are the Congress, which meets ropean Railway Agency. The ETF is mem- braces transport trade unions and every 4 years and elects the ETF Presi- ber without voting rights in the Adminis- fisheries’ trade unions from the Euro- dent and General Secretary and the Ex- trative Board of the Railway Agency and pean Union, the European Economic ecutive Committee, which elects a Man- it nominates trade union experts to the Area and Central and Eastern Europe- agement Committee. The Federation’s relevant working groups of the agency. an countries. The European Transport sector-related practical work is organ- Workers’ Federation was created at a ised in what are known as the sections. Activities founding congress in Brussels on 14- The ETF has seven separate sections: 15 June 1999, replacing former Euro- road transport, railway, maritime, in- The activities of the Railway Section, pean transport trade union structures. land waterways, civil aviation, dockers’ which are similar in all ETF Sections, The ETF members are workers trade and fisheries. In addition to the sections cover four general areas: 19 • Lobbying the European institutions on sector-related legislation. In gen- dations regarding the social dimension on sector-related EU legislation eral the work programme covers the is ensured by EU legislation. The imple- • European social dialogue following areas: mentation of the Directive on the certi- • Organising European industrial ac- fication of locomotive drivers, the tasks tions and solidarity actions Information and consultation on EU of on-board personnel and health and • Serving its members railway legislation (tripartite part of the safety at work within the Technical Spe- dialogue). This is the formal European cifications Interoperability for example As the transport sector is one of the social dialogue, where the European are part of the Agency‘s tasks. most regulated sectors at European Commission is included. level, influencing EU legislation is an Joint projects on social topics: CER and important part of ETF activities. About Negotiation, implementation and fol- ETF organise joint projects and studies, 10% of all EU legislation, known as the low-up of agreements. The social part- to achieve results according to the objec- aquis communautaire, concerns the ners negotiated two already described tives of the annual working programmes. transport sector. As an integral part of autonomous agreements, which were These projects develop different tools or the wider European social model, the implemented in EU legislation in the expertise, e.g. training modules, scientific European Social Dialogue is of great form of Council Directives. The imple- analyses, good practice examples, joint political importance to ETF and the ETF mentation and respect at national level recommendations or opinions etc. Railway Section. as well as a possible review are regular topics in the work program of the Euro- The work programme shows that the pean social partners. social partners take full advantage of 2.4 Work programme all instruments that are available via and outcome Joint recommendations is the second the European social dialogue, including most important instrument of the Eu- information and consultation, joint po- in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in 2.4.1 The social dialogue work ropean Social partners. They are legally sitions, negotiations resulting in agree- The European Social Dialogue European and the Social DialogueThe programme at European level not binding but morally binding for the ments and joint projects. signatory parties. Joint recommenda- The European social partners discuss so- tions usually address the CER and ETF Overview of the outcome cial and personnel related issues in their member organisations and are inten- of the past 10 years joint work, which are relevant for railway ded to be implemented at company companies, infrastructure managers and level. The European social partners in Agreements their personnel in all or many EU mem- the rail sector signed several Joint Re- • Agreement on a “European licence ber states. According to Article 153 (3) commendations (see below) and pre- for drivers carrying out a cross-border on EU social policy, initiatives affecting pare within their current work program interoperability service” (2004) wages are excluded from the scope of EU for new recommendations on the issue • Agreement “on certain aspects of competences. There are also no effective of the attractiveness of the rail sector as the working conditions of mobile instruments for industrial actions at Euro- employer. Monitoring the implemen- workers engaged in interoperable pean level available for the trade unions tation of the joint recommendations is cross-border services” (2004) to support their position. Therefore the again part of the work program (e.g. on European social partners are forced to the mid-term review of the White Pa- Joint recommendations identify topics of joint interests and the per on European Transport Policy until • “Better Representation and Integrati- success of the European social dialogue 2010). To date, this has resulted in joint on of Women in the Railway Sector” highly depends on the capacity to iden- recommendations and joint opinions. (2007) tify the European dimension of problems • “The Concept of Employability in the and the willingness to tackle them at Joint positions on EU railway legislation Railway Sector” (2007) European level. But the European social and social politics, if common points are • “Promoting Security and the Feeling partners develop different kinds of texts identified. Joint opinions, like the one on of Security vis-à-vis third-party Vio- for the benefit of the European rail com- „Social aspects and the protection of staff lence” (2012) panies and railway workers. in competitive tendering of rail public • “Identify and prevent Psychosoci- transport services and in the case of chan- al Risks within the Railway Sector” Every year, the social dialogue com- ge of railway operator“, address third par- (2014) mittee adopts a work programme that ties and set out political positions. These follows current developments in the texts are necessary for lobbying work. Joint opinions sector. It is expanding because of the • „Social aspects and the protection of relatively recent recognition of the role Regular contact and formal consultation staff in competitive tendering of rail pu- of the social dialogue within the for- by the European Railway Agency on its blic transport services and in the case of 20 mal consultation by the Commission work programme and draft recommen- change of railway operator“ (2013) Panel discussion of the social partners from Croatia, F.Y.R. of Macedonia, Montenegro, Serbia and Bosnia & Herzegovina led by Sabine Trier and Jean-Paul Preumont in Split 2014

Joint reports aspects of the working conditions of to ensure qualification standards and • Annual report 2013 on women em- mobile workers engaged in interope- thus ensures safety and improve the ployment in the rail sector (annual rable cross-border services” directly mobility of drivers. They receive a report 2014 in preparation) became European legislation (Direc- European operation licence card and tive 2005/47/EC) in July 2005. The a complementary certificate, indi- Joint projects content of the “European license for cating the infrastructure and rolling • Employability and demographic ch- locomotive drivers” agreement was in- stock which the train driver is au- ange (3 studies from 2004 to 2010) tegrated in the Commission‘s draft di- thorised to operate. • Rail freight business restructuring rective “on the certification of train dri- and its impact on employment vers operating locomotives and trains Agreement “on certain aspects of (2008-2009) on the railway system in the Communi- the working conditions of mobile • Social dialogue in new member sta- ty“ within the 3rd Railway Package and workers engaged in interoperable tes and candidate countries (3 pro- became Directive 2007/59/EC. cross-border services” jects in 2004, 2006, 2014) • Equal opportunities (3 projects: The two agreements define common This agreement was transformed into 2004/2005, 2007 and 2012) qualification standards, safeguard the Directive 2005/47/EC (application of Balkan Countries Western Sectorin the Railway in • Insecurity and third-party violence health and safety of mobile railway wor- Art. 155(2) of the TFEU) and adopted by Social Dialogue European and the Social DialogueThe (2012) kers and attempt to avoid social dum- national legislatures. It contains a limi- • Identify and prevent psychosocial ris- ping. They are an important contributi- tation on driving hours and stipulations ks (2013) on made by the railway sectors‘ social regarding breaks, minimum daily and • Social aspects and the protection of partners to the creation of a common weekly rest periods and the maximum staff in case of change of rail operator European railway market. number of rests away from home. The (2013) agreement aims to improve safety and The negotiations were tough and all the avoid social dumping. 2.4.2 Social partner social partners went through a neces- agreements sary learning process in order to succeed Candidate countries are not yet affect- by reaching agreement. Negotiations ed by this agreement, which applies The two agreements that were nego- at European level, in a multi-national only to cross-border services, but it will tiated in 2003 and signed on 27 Janu- delegation with partners from differ- provide protection in the face of the ary 2004 were groundbreaking for the ent systems and negotiation cultures, coming competition. There is a non-re- European railway social dialogue, sin- require a high capacity and willingness gression clause: the agreement cannot ce they anticipated the possible con- to move away from one’s own national be used to lower standards already en- sequences of the EU policy on market background and to search for common shrined in national laws or agreements. opening of the railway sector and the European views. The European social need for European social rules. partners in the railway sector gained Excerpt of the agreement’s provisions (for a wealth of experience and capacity cross-border services): • Agreement on a “European licence through these successful negotiations. for drivers carrying out a cross-border Minimum breaks: Regulation for drivers: interoperability service” Agreement on a “European licence if working 6 - 8 hours at a stretch: 30 mi- • Agreement “on certain aspects of for drivers carrying out a cross-bor- nutes; if more than 8 hours: 45 minutes. the working conditions of mobile der interoperability service” Regulation for other on-board staff: if workers engaged in interoperable working more than 6 hours: 30 minutes. cross-border services” The CER-ETF agreement largely inspi- red the proposal for the certification Daily rest at home: Minimum 12 hours; In these agreements, the social part- of train drivers (Directive 2007/59/ once a week: 9 hours (compensated by ners were able to define their own EC). The operating license stems di- the following rest at home). A reduced terms and conditions for the workers rectly from this initiative of European rest cannot be placed between 2 rests concerned. The agreement “on certain social partners. The agreement aims away from home. 21 Rest away from home: Minimum 8 nated one. They therefore made recom- the basis of social dialogue between the hours. A daily rest at home will follow mendations addressed to their affiliated social partners with a view to obtaining a daily rest away from home (excep- members and intended for implementa- maximum benefit for all partners. The tions for a second rest away from home tion at national, regional and corporate recommendations are attached in the possible at company and national level level. The complete text of the recommen- annex. The European social dialogue to be negotiated between social part- dations can be found in the annex. has been monitoring and facilitating ners). Compensation have to be discus- the process and organised a conference sed at national or company level. According to the joint recommendations in 2008 to assess the results of the joint from 2007, a follow-up project was con- recommendations thus far. In 2010 a fol- Weekly rest: Minimum 24 hours + daily ducted in 2012: “Follow-up of the CER / low-up project on “Employability in the rest (12 hours), guarantee of 104 rest ETF Joint Recommendations ‘Better Re- face of demographic change” was set periods of 24 hours / year, guarantee of presentation and Integration of Women up, where best-practice examples were 12 double rests (48 h + 12 h) including in the Railway Sector’: Implementation collected and the situation in the com- Saturday and Sunday and guarantee of – Evaluation – Review”. The aims of the panies was presented in a survey. 12 double rests (48 h + 12 h) without study were to compare developments to guarantee of weekend. the situation in 2003, to update statistical “Promoting Security and data with a view to improving representa- the Feeling of Security vis- 2.4.3 Joint Recommendations tion of women in the railway enterprises à-vis third-party Violence” and the respective trade unions, and to Joint recommendations are process-ori- monitor and evaluate implementation of The security of railway employees and ented texts, which, albeit not legally bin- the joint recommendations. This includes passengers is of essential importance for ding, must be followed up, and progress an assessment of the extent to which the the European social partners and their in implementing them must be regularly objectives of the charter for equal oppor- affiliated companies and trade unions. assessed. Therefore these agreements tunities are being reached, identifying Although rail passenger transport is ba- in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in have a great relevance for the companies what kind of positive actions have been sically safe, the social partners are very The European Social Dialogue European and the Social DialogueThe and trade unions in the railway sector in initiated and studying whether evalua- concerned in particular about third-party Europe. The recommendations so far are: tion processes have been implemented violence against employees in rail pas- • “Better Representation and Integrati- and (quantifiable) targets have been set. senger transport. In issuing these joint Project Working group on of Women in the Railway Sector” The report presents the main findings of recommendations, the European railway PSR-RAIL Berlin 2013 (Rome, 12th June 2007) the comparative analysis and the evalua- sector social partners intended to sup- • “The Concept of Employability in the tion. It is based on a quantitative survey port their members - affiliated unions Railway Sector” (Belgrade, 4th Octo- of 25 companies in 17 countries and 16 and companies – in taking measures that ber 2007) trade unions in 13 countries, members help to increase security and confidence • “Promoting Security and the Feeling of CER and ETF, and interviews with com- of staff and passengers vis-à-vis third-par- of Security vis-à-vis third-party Vio- panies’ and trade unions’ representatives ty violence. They also want to contribute lence” (Brussels, 5th December 2012) in Austria, France, Germany, Italy, Poland to improving working conditions in rail • “Identify and prevent Psychosoci- and Sweden. The considerations are atta- passenger transport and to initiate stra- al Risks within the Railway Sector” ched in the annex as “Do’s” and “Don’t’s”. tegies aimed at preventing and hand- (Brussels, 11th March 2014) ling third-party violence at work using “The Concept of Employability practical measures. Measures aimed at “Better Representation in the Railway Sector” communication, prevention, intervention and Integration of Women and aftercare should to be tailored to the in the Railway Sector” With the recommendations on employa- respective fields of work and company bility, the European social partners CER, divisions. A global and joint approach is Based on a joint study by the social part- EIM and ETF advise their member orga- deemed to be the most promising stra- ners to determine the representation of nisations and affiliates to use the stra- tegy here. The European social partners women in railway companies and the va- tegy of employability as described in the therefore recommend that a sustainable rious railway occupations, to assess their memorandum of 2007 as a central gui- policy should be applied, which includes situation and identify examples of good deline for human resources policy. The measures in the following areas: practices resulting in better integration of strategic concept is based on prevention • Creating awareness women, the social partners CER and ETF and aims to create a working environ- • Establishing a specialised entity prepared joint recommendations to sup- ment, which maintains and improves the • Reporting, recording and analysing port equal opportunities for women in the qualification, competences, health and • Security management and equipment railway sector in 2007. The social partners fitness of workers. All involved parties • Preventive training and sensitisation wanted to contribute to better represen- - company, employees, works councils for staff members tation and integration of women in the and trade unions - share responsibility • Aftercare 22 sector, which traditionally is a male-domi- here. The strategy should be agreed on • Law and order partnerships

14 European Commission: COMMISSION STAFF WORKING DOCUMENT on the functioning and potential of European sectoral social dialogue. Brussels, 2010. P. 9. • Good practices the joint recommendations are to increase Within the European social partner pro- • Dialogue with politicians, other sta- employer and worker awareness and un- ject “Social Aspect and the Protection of keholders and social partners / civil derstanding of work-related psychosocial Staff in Case of Change of Railway Opera- and social dialogue risks and to draw their attention to signs tor (The current Situation)”, a joint opinion • Awarding of public contracts for rail indicative of risk. The social partners would was developed by the Steering Commit- passenger transport like to see strategies and action initiated tee. On 23 September 2013 the European • Conclusion of a social partner agree- in their affiliated unions and companies Social Dialogue Committee for Railways ment with the aim of preventing and managing adopted the joint opinion. CER and ETF • Regular assessment of the effective- work-related psychosocial risks. agreed on the „joint opinion“. ness of the measures taken The obligation to protect the health and Although the European social partners A detailed explanation can be found in safety of employees while at work lies differ in their view on the need for further the full-length version of recommenda- clearly with employers under both EU liberalisation and market opening, they tions in the annex. and national legislation. The European so- share the conclusion that the conse- cial partners share the opinion that tack- quences of competition should not “Identify and prevent ling psychosocial risks should not only be affect the working conditions of staff Psychosocial Risks part of the company health and safety providing services by requiring, at na- within the Railway Sector” policy but also be addressed in all rele- tional, regional or local level, binding vant fields of company policy and action. social standards and/or the compulsory They are looking to a cooperative corpo- transfer of staff in cases where the ope- rate culture in which measures are taken rator is changed. The project has shown to prevent psychosocial risks and to deal that there are very different national si- with their consequences. Psychosocial tuations in terms of social aspects and risks may be addressed within an over- protection of staff in cases of a change all process of risk assessment, through of operator and especially concerning Balkan Countries Western Sectorin the Railway in a separate psychosocial risk policy and/ the application of articles 4(5) and 4(6) in Social Dialogue European and the Social DialogueThe or through specific measures targeting conjunction with recitals 16 and 17. Five Project Working group identified risk factors. The European social principle statements explain the social PSR-RAIL Berlin 2013 partners emphasise that a joint approach partners’ position in this joint opinion. promises to be the most successful. In its first reading of the 4th railway The European social partners in the rail 2.4.4 Joint opinions package the European Parliament adop- sector are of the opinion that psycho- ted the main propositions of the “joint social risks (PSR) affect the occupational Joint opinions denote joint positions of opinion” that the EU social partners CER/ safety and health (OSH) of rail employees. the European social partners on certain ETF had agreed upon. This can be seen In their view, dealing with the issue of aspects of policy. They are designed to as a great success for EU social partners. PSR will be beneficial to both the railway influence European policies and to help There is a good chance that the de- companies and railway workers. From share knowledge. mand for binding social standards and/ a company perspective, reducing PSR or compulsory transfer of staff will be means reducing the hidden costs linked „Social aspects and the protection of incorporated into legislation. If the Eu- to psychosocial risks. For the workers, re- staff in competitive tendering of rail ropean Council agrees, PSO Regulation ducing psychosocial risks means improv- public transport services and in the 1370/2007 will be adjusted to conform ing the quality of working life and help- case of change of railway operator“ with this demand. ing to prevent serious health problems. A healthy work environment taking both physical and mental aspects into account Project Working group is important for ensuring good quality “Protection of staff“ Paris 2013 of work and thus high-quality services. Well-being at work is similarly important for productivity and service quality.

The joint recommendations aim to con- tribute to improving working conditions in the rail sector by tackling the problem of psychosocial risks and identifying sec- tor-specific measures that help to reduce the problem. The specific objectives of 23 3. the railway sector and the Social dialogue in Western Balkan Countries

Introduction with them the railway companies in a All social partners of the candidate period, which still is influenced by the countries, which participated in this The following chapter describes the transition process of the last century. project, expressed their wish to become railway sector in the countries Croatia, Old problems have not yet been solved member of the European Union soon. F.Y.R. of Macedonia, Montenegro and while new ones are arising. Investments Positive economic and social develop- Serbia and the situation of social dialo- in infrastructure and rolling stock are ment of the region is expected. All the gue in these countries. It presents the pressing. Transport volume, especially countries have already started to imple- social partners and the structure and rail cargo transport has decreased se- ment EU regulations. Economic bene- legal preconditions for social dialogue. verely. In this situation new restructur- fits are expected by a closer relationship The social partners of the countries ex- ing measures are on the agenda. with the EU and an implementation of press their expectations of accession social aspects. to the European Union. The number of employees in all the companies has decreased during the In all countries mechanisms of social Some observations are relevant for all last years. Railway companies need dialogue exist, according to ILO conven- countries in the region. A key aspect is well qualified and motivated staff to tions and demands of the European Uni- that the railway sector in the region is compete effectively in the intermodal on. Tripartite social dialogue is still more in a transition process. Most of the for- competition. The development of per- relevant in the countries than bipartite mer state-owned integrated compa- sonnel and of working places is a main dialogue on sector level, although not nies are divided into separate entities. challenge for the future. Technological always formalised. The intensity and the In the case of Serbia the integrated or- modernisation requires new compe- outcome of social dialogue are subject ganisational structure has been main- tencies. Maintaining employability to changes. A joint approach of em- tained, but business is divided into two and developing qualifications of staff ployers’ and workers’ representatives is directorates. The companies have the are key factors for the companies and considered to be beneficial for the de- obligation of separated accounts and employees. velopment of the railway sector. And the balance sheets to fulfil criteria for EU railway sector is relevant for a sustainab- accession. These separated entities or For the trade union movement the frag- le transport system in the region. directorates are at least infrastructure mentation into many different unions and operation, mostly operation is in in the countries is a severe problem. Al- The social partners of Croatia, F.Y.R. of addition divided into passenger trans- though strong and coordinated bodies Macedonia, Montenegro and Serbia port and freight transport. The restruc- for representing the interests of workers present the situation of the rail transport turing processes are not finalised, se- are needed and mergers should be en- and social dialogue in their countries. parations and restructurings became couraged, the unions have split or new The reports were largely written by em- continuous processes. The ownership organisations have been founded. This ployer representatives and trade uni- of the entities is still dominated by sta- development hinders effective efforts on representatives together. This joint te-owned structures. for the workers’ benefits. Unfavorable approach promoted mutual understan- regulations for founding unions and ding and dialogue between the partners The financial crisis has hit the coun- self-interests of some representatives and presents us a complete picture. 24 tries in the Western Balkan region and promote this development. Country - Number of Companies Number trade unions Km rail employees

Hrvatske Željeznice (HŽ) divi- In Croatian railways 13 trade unions ded into 3 independent, sta- 10.038 organise railway workers. te-owned companies (2012):

In HŽ Infrastruktura 3 trade unions out of 6 are representative: HŽ Infrastruktura d.o.o. 5.421 • Railway operators’ Trade Union (1.634 members) • Infrastructure Workers’ Trade Union (1.359 members) Croatia – • Croatian Railwaymen Trade Union (1.093 members) 2.604 km In HŽ Cargo 2 trade unions out of 8 are representative: HŽ Cargo d.o.o. 2.460 • Croatia Train Drivers’ Union (762 members) • Croatian Railwaymen Trade Union (549 members)

In HŽ Putnički prijevoz 3 trade unions are representative: • Croatia Train Drivers’ Union (834 members) HŽ Putnički prijevoz d.o.o. 1.906 • Trade Union of Croatian Railwaymen (495 members) • Croatian Railwaymen Trade union (473 members)

Macedonian Railways was se- Railway workers in Macedonia are organised 2.515 Balkan Countries Western Sectorin the Railway in parated into 2 entities (2003) in 8 trade unions. The European Social Dialogue European and the Social DialogueThe

Representative trade unions are: Public Enterprise Macedonian • Trade Union organisation of Railway Workers of PE MR F.Y.R. of 1.315 Railways Infrastructure Infrastructure – Skopje, Macedonia – • Association of Independent Trade Unions – Zeleznicari 926 km

Representative trade unions are: Public Enterprise Macedonian • Trade Union organisation of Railway Workers of PE MR 1.200 Railways Transport JSC Transport JSC – Skopje • Trade Union Organisation of Depot Workers

Separation of former compa- 1200 members are organised in 4 representative trade ny into 4 companies (2008) unions

Željeznička Infrastruktura Crne Gore - AD Podgorica 840 Trade Union of Railway Infrastructure of Montenegro (ŽICG) Montenegro Railway Transportation of – 326 km Trade Union of Railway Transportation of Montenegro Montenegro JSC (ŽPCG)

Montecargo JSC Podgorica 243 Trade Union Montecargo, Montenegro (AD Montecargo)

Railway rolling Stock Main- Trade Union of Railway Rolling Stock Maintenance tenance JSC Podgorica (OŽVS)

28 trade unions, 85 % of employees are member of a union, 3 trade unions are representative: Serbia - Serbian Railways JSC, integra- 18.047 • Union of Railway Workers of Serbia 3.809 km ted state-owned corporation • Union of Executive Services of Serbian Railways • Union of Workers of Railway Infrastructure of Serbia.

25 in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

Republic of Croatia

The favourable geographic and trans- ding four ports (Sisak, Slavonski Brod, November of 1999, envisaged other- port position of the Republic of Croatia Vukovar and Osijek), wise. Namely, the Strategy envisaged enables the development of the trans- • the infrastructure of maritime trans- that 25 percent be invested in railways, port infrastructure and transport in- port includes six main seaports (Ri- 10 percent in intermodal transport, dustries as one of the more important jeka, Zadar, Šibenik, Split, Ploče and and in 40 percent in road transport. factors of the country‘s overall econo- Dubrovnik), mic and social development. However, • the air transport system – nine air- The railway sector is underinvested. the current unfavourable economic ports, 7 of which are international air- In 2011, road transport comprised 64 trends in the country are also impac- ports (Zagreb, Rijeka, Split, Dubrovnik, percent of the total transport of goods ting the cargo and passenger railway Osijek, Pula and Zadar), and 2 of which and 44 percent of the total transport of transport, which is decreasing year af- are airfields (Brač and Mali Lošinj). passengers. ter year. Investments in roads comprised, on In the same year, railway transport The transport network of the Republic average, 85 percent, and in railways 10 comprised 10 percent of the total of Croatia can, in short, be described percent of the total public sector in- transport of goods and 43 percent of by the following data: vestments in the transport infrastruc- the total transport of passengers. • the overall length of the road and ture development for the 2000-2007 motorway network is 29,333 km, period, whereas there were no invest- The second most significant goods • the overall length of the railway net- ments at all in intermodal transport, transport mode was maritime trans- work is 2,604 km, although the Transport Development port with 26 percent of the total trans- • the overall length of the inland wa- Strategy of the Republic of Croatia, port, whereas maritime passenger 26 terway network is 805.2 km, inclu- adopted by the Croatian Parliament in transport comprised 11 percent. ORGANISATION OF THE railway infrastructure, the protection of Tenders for works that RAILWAY SECTOR existing railway infrastructure and cons- are in progress: truction of new infrastructure. The com- • Construction of second track of the The Railway Act defines railway infra- pany currently employs 5,421 workers. Dugo Selo – Križevci railway section structure as public property used for • Construction of new line Gradec – public purposes owned by the Repu- Limited liability companies that are Sveti Ivan Žabno blic of Croatia. The Act regulates the in 100-percent ownership of HŽ Inf- organisational structure of the railway rastruktura are the following: Pružne Designs in progress: system, the method and conditions of građevine d.o.o. and Croatia express • Construction of new line Podsused – the provision of railway transport, the d.o.o. as well as the affiliated company Samobor status of railway infrastructure and the Proizvodnja – regeneracija d.o.o. (23% • Reconstruction and construction of conditions for the access to railway owned by HŽ Infrastruktura d.o.o.). second track on the Dugo Selo – Novs- infrastructure, the railway transport ka railway section (stage 1, 2 and 3) services of special national interest for QUALITY OF INFRASTRUCTURE • Construction of the second track on which the Republic of Croatia ensures the Križevci – Koprivnica – state bor- part of the funds and the control sys- The constructional line length amounts der railway section tem for railway transport activities. to 2,722.28 km, of which single-track • Construction of new double-track lines comprise 2,468.41 km or 90.7%, railway line Goljak – Skradnik Services in railway transport are trans- and double-track lines 253,87 km or • Reconstruction and construction of port services in passenger and cargo 9.3%. The total length of electrified second track on the Hrvatski Lesko- transport, and they are carried out in ac- railway lines amounts to 984.74 km vac – Karlovac railway section cordance with market conditions, based or 36.2% (of which single-track lines • Reconstruction and electrification of on a transport contract. Railway under- comprise 734.48 km, and double-track the Zaprešić – Zabok railway section takings are independent in their busi- lines 250.26 km). • Reconstruction and electrification of ness activities and they are operated, Vinkovci – Vukovar railway section Balkan Countries Western Sectorin the Railway in managed and supervised in accordance The present state of the railway infra- • Building of the Railway Safety Agency Social Dialogue European and the Social DialogueThe with general and special regulations that structure capacity as a whole is not sat- • GSM-R central traffic management regulate the business operations of trad- isfactory. The restructuring programme project ing companies, regardless of whether envisages significant investments in the Republic of Croatia is a member or the modernisation and construction Open tenders for designs: shareholder of the company. of the railway infrastructure. The har- • Rehabilitation and upgrade of the monisation of the characteristics of Okučani – Vinkovci railway section Until 2012, Hrvatske željeznice opera- the Croatian railway network that are • TMS – development of a central traf- ted with the structure of a holding, but of significance for international trans- fic management system in November of 2012 it changed its le- port with the technical specifications gal status by dividing the company HŽ for interoperability for the trans-Euro- Tenders for designs in preparation Vuča vlakova d.o.o. and by merging its pean railway network represents one • Rehabilitation and upgrade of the parts with HŽ Putnički prijevoz d.o.o. of the priorities of the Restructuring second track on the Zagreb - Klara – and HŽ Cargo d.o.o. and by merging the programme. In the 2013-2017 period, Sisak railway section holding company with the infrastruc- investments in the amount of HRK 25 • New bypass road for cargo transport ture manager (HŽ Infrastruktura d.o.o.). billion have been envisaged. A sig- around Zagreb nificant source of these investments After these changes, these three rail- should be EU funds. HŽ Putnički prijevoz d.o.o. way companies (HŽ Putnički prijevoz, HŽ Cargo and HŽ Infrastruktura) are Infrastructure development HŽ Putnički prijevoz d.o.o. is owned by completely separate, but are still 100 projects the Republic of Croatia and its field of percent state-owned. activity is public passenger transport Completed projects: in national and international railway HŽ Infrastruktura d.o.o. • Rehabilitation and upgrade of the transport. The company currently em- Vinkovci – Tovarnik – state border ploys 1,906 workers. HŽ Infrastruktura d.o.o. was established railway section with the goal of managing, maintaining • System of signalling and interlocking About 25,000,000 passengers are and constructing railway infrastructure. devices at the Zagreb Main Station transported annually by HŽ Putnički Its core business activities are the fol- prijevoz. However, the railway trans- lowing: managing railway infrastruc- Works in progress: port has been recording a drop in the ture, organising and regulating railway • Rehabilitation and upgrade of the number of passengers, which is mostly transport, maintaining and modernising Okučani – Novska railway section the result of the existing state of the 27 railway infrastructure, with frequent OPENNESS OF THE d.o.o.: Remont i održavanje pruga d.o.o. works halting transport, great compe- MARKET FOR COMPETITION and POSIT d.o.o., and on 01 May 2013, tition from road transport operators as the unit „Poslovni centar održavanja well as timetable that is not well adjus- The railway market in the Republic of pruga“ was separated from HŽ Infra- ted to the real needs of passengers. Croatia is open for competition in the struktura. With the transfer of emplo- cargo transport sector, from the day yees from the company PRO-REG d.o.o., Companies that are in 100-percent ow- of its accession to the EU, 1 July 2013. the company Pružne građevine d.o.o. nership of HŽ Putnički prijevoz d.o.o. In order to be able to carry out railway was enabled to carry out the constructi- (daughter companies) are the follo- cargo transport services, companies on of railway switches and the welding wing: Tvornica željezničkih vozila Gre- need to obtain a permit from the Rail- of rails. The company was capitalised delj d.o.o., in bankruptcy, TERSUS EKO way Safety Agency and meet other in July of 2013 with the amount of HRK d.o.o., Željeznička tiskara d.o.o., Tehnički conditions pursuant to the Railway 134.3 million for assets, machinery and servisi željezničkih vozila d.o.o. and the Act. HŽ Cargo is currently the only acti- equipment necessary for the perfor- company in 77-percent ownership of ve operator in railway cargo transport mance of railway infrastructure main- HŽ Putnički prijevoz d.o.o. - Produkci- in Croatia. tenance and construction services. ja-Regeneracija d.o.o. RESTRUCTURING PROCESSES According to the second amendments HŽ CARGO d.o.o. of the Restructuring programme, the HŽ Infrastruktura d.o.o. company will be privatised. For this pur- HŽ CARGO d.o.o. is in 100-percent ow- pose, a value assessment of the compa- nership of the Republic of Croatia and According to the Restructuring pro- ny real estate, machinery and equip- since 2007 it carries out public cargo gramme of HŽ Infrastruktura d.o.o. ment was carried out by authorised railway transport in the domestic and (June 2012) and the first (January appraisers, which was entered in the international railway and combined 2013) and second amendments to the commercial records of the company. in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in transport. On 15 May 2014, the compa- Restructuring programme of HŽ Infra- In October of 2013 the Decision on the The European Social Dialogue European and the Social DialogueThe ny employed 2,460 workers. struktura d.o.o. (June 2013) HŽ Infra- covering of losses to the account of the struktura d.o.o. carried out a series of reserves and the subscribed capital was Indicators of transported quantities planned activities: carried out. With the carried out restruc- in tonnes show a constant downward turing, the company is completely pre- trend in the 2007-2013 period. In the Status changes and restructuring of the pared for the privatisation process, and first quarter of 2014, the same trans- companies that are part of the HŽ of Inf- on 29 November of 2013 the tender for port level as in 2013 was recorded. rastruktura d.o.o. group: the sale of the company was published. In 2007, the transported quantities amounted to 17.2 million tonnes, whe- Three companies were separated from After the sale of the company Croatia reas in 2013 they amounted to 10.8 the daughter company Željezničko express of d.o.o. to HŽ Putnički prijevoz million tonnes. The quality of infra- ugostiteljstvo d.o.o. in January of 2013: and the privatisation of Pružne građevi- structure directly influences the exe- Hotel Miror d.o.o., Hotel Mursa d.o.o. ne d.o.o., HŽ Infrastruktura d.o.o. will no cution of cargo transport services, pri- and Croatia express d.o.o. In July of longer have daughter companies within marily the transit-time and the rolling 2013 the shares of the companies Hotel it structure, but will contract its services stock maintenance costs, which shows Miror d.o.o. and Hotel Mursa d.o.o. were via public procurement procedures. that investments in railway infrastruc- transferred to the Republic of Croatia as ture and railway modernisation will a result of an agreement concluded by Organisational changes and collective have a direct effect on the quality of the Republic of Croatia, the Government bargaining in HŽ Infrastruktura d.o.o railway cargo transport services. Asset Management Company and HŽ The management board of HŽ Infra- Infrastruktura d.o.o. The remaining part struktura d.o.o. carried out activities for Companies in 100-percent ownership of of Željezničko ugostiteljstvo d.o.o. was the preparation of the Regulations on HŽ Cargo d.o.o. (daughter companies) are merged with HŽ Infrastruktura. It is envi- organisation for the purpose of the ra- the following: AGIT d.o.o.; Održavanje va- saged that the company Croatia express tionalisation of business operations and gona d.o.o., Radionica željezničkih vozila d.o.o. will be sold to HŽ Putnički prije- the harmonisation of the real number Čakovec d.o.o., Remont i proizvodnja žel- voz d.o.o. The value assessment of the and systematised number of employees. jezničkih vozila Slavonski Brod d.o.o. company has been carried out as well as other preparatory activities concerning The company regularly negotiates with Companies partly owned by HŽ Cargo: the sale of the company shares in 2014. its social partners on the application Robno-transportni centar Brod d.o.o., Status changes and restructuring of the of the Collective Agreement regarding (ownership share of 51%), CROKOMBI company Pružne građevine d.o.o. - On the current company capacities and the d.o.o. (47.09% ownership share) and Car- 1 March 2013 the following companies necessary austerity measures and the 28 go centar Zagreb (25% ownership share). were merged with Pružne građevine rationalisation of labour costs. Rationalisation of operating costs Status changes possible, in which all important goals In order to rationalise the company Significant status changes were carried will be strategically defined. operating costs, the number of emplo- out with the merging part of the compa- yees is being cut via reorganisation and ny HŽ Vuča vlakova d.o.o. with HŽ Cargo The railway network must be opti- the improvement of the technological d.o.o. on 1 October of 2012. With the De- mised, and the multi-annual contracts process as well as through incentive cision of the Bjelovar Commercial Court on the infrastructure maintenance measures for the voluntary departure of 05 April 2013, the company Remont must be improved so as to improve of employees with the payment of a sti- željezničkih vozila Bjelovar d.o.o. was the quality of the maintenance servic- mulating severance pay. merged with the company Radionica es. The Government of the Republic of željezničkih vozila Čakovec d.o.o. Croatia should act in two directions: Investments in the railway infrastructure A level of investments in the infrastruc- HŽ Putnički prijevoz d.o.o. • supervision of companies in the im- ture capacities was envisaged in the plementation of the programme 2014-2018 period that will mostly com- The restructuring programme of HŽ and the achievement of goals with pensate for the lag in the maintenance Putnički prijevoz d.o.o. comprises four respect to the state aids and the opti- of railway capacities to about 1,500 km components. The first is the structural misation of the number of employees of railway lines and create conditions reorganisation, which includes the di- and the network size, for the increase of the quality of rail- vision and merger of HŽ Vuča vlakova way transport services as well as the d.o.o. which was carried out on 1 Oc- • creation of an environment that will harmonisation of the exploitation costs tober 2012, and the privatisation of the enable a timely implementation of the of railway lines. This shall be achieved companies Željeznička tiskara d.o.o. restructuring and opening the market. by: increasing the transport capacity of and Tersus eko d.o.o. railway lines and removing „bottlenecks“ HŽ Putnički prijevoz d.o.o. is operat- on railway lines, increasing the avera- The following components comprise ing in a recession environment, which ge infrastructure speed of railway lines, the rationalisation of operating costs directly influences its business opera- Balkan Countries Western Sectorin the Railway in achieving a speed on newly built railway through the application of measures tions. The increase of the number of the Social Dialogue European and the Social DialogueThe lines for international transport of 160- aimed at a more efficient use of re- unemployed significantly impacts the 250 km/h, on railway lines for regional sources, such as the reorganisation of results of passenger transport services, transport a speed of 100-160km/h and business operations, changes in the especially the daily migrations, which in on branch-lines a speed of 60-100 km/h business model, and the reduction of turn, influences the sales revenue of the and by increasing the maximum permit- the total number of employees with a overall travel transport sector, including ted weight of trains on railway lines for redundancy programme. those of HŽ Putnički prijevoz d.o.o. An- local transport. other aspect influencing the decline in The final component is the modernisa- revenues is the reduction of collective HŽ CARGO d.o.o. tion of the rolling stock, investments in rights and the purchasing power of cit- the computerisation of the company izens, especially the right to the reim- The company HŽ Cargo is in a restruc- with a focus on the ticket sales system, bursement of the costs of commuting, turing process that comprises a per- and the introduction of other new which causes increased numbers of per- sonnel restructuring and a financial technologies. sons commuting without tickets, etc. consolidation, with the aim of turning the business operations of the com- ECONOMIC ENVIRONMENT it should also be noted that the current pany positive in the future. Attempts state of the railway infrastructure does have been made to reduce organisa- According to a World Bank report not allow for competition of railway tional irrationalities and operating (2013. RoC - Report on railway sector transport with road transport. Also, the costs, which influence the survival of policies), the railway sector will need large number of works currently car- the company. Technological proces- over EUR 130 million annually for the ried out on railway lines also causes a ses are being rationalised in order to maintenance of the existing system decrease in the number of passengers. increase profitability and productivi- (EUR 55 million for infrastructure, EUR ty. The restructuring of the company 30 million for the cargo rolling stock is a lasting and continuous process and EUR 45 million for the passenger that will go on in the future period rolling stock). The largest part of the and during which new regulations on funds for the railway sector should the organisation and systematisation come from EU Funds. This is why it is of the company will be adopted, in ac- important that the Government of the cordance with the changes in market Republic of Croatia prepares a trans- demands. port development strategy as soon as 29 The social partners and the rationalisation of business operations. A further decrease in the number of structure of social dialogue This is why the primary objective of employees is expected in 2014, due to the company restructuring is to set the introduction of new technologies in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in BUSINESS OPERATION OBJECTIVES the business operations in accordan- and a redundancy programme with the The European Social Dialogue European and the Social DialogueThe ce with the market conditions and to use of incentives and the Railway Fund. HŽ Infrastruktura d.o.o. create the conditions for sustainable business operations without future The technological modernisations of The primary business objectives of the interventions and state aids from the the capacities of HŽ Infrastruktura, en- company HŽ Infrastruktura d.o.o. are Republic of Croatia. visaged in the medium term, must be the following: to create conditions for accompanied by the corresponding an increase in the quality of railway HŽ Putnički prijevoz d.o.o. competences of the employed. Human transport services and a harmonisation resource management is aimed at the of the railway line exploitation costs, Increasing competitiveness on the employment of the best personnel an increase in labour productivity, the market, overhaul of the rolling stock, through the following: rationalisation of operating expendi- computerisation of business processes, tures, achieving an operating income increase of the qualification structure • a psychological selection procedure, ratio of 0.8:1, creating conditions for of the employees with an emphasis on • career development for those already achieving the projected state and an training and adjusting the system to EU employed, increase in the capacity of the railway standards are the primary business ob- • the development of a mentorship infrastructure, and to adopt a compa- jectives of HŽ Putnički prijevoz d.o.o. system aimed at accelerating the ny energy efficiency action plan. transfer of knowledge and experi- EMPLOYMENT AND ence from the senior employees to HŽ CARGO d.o.o. HUMAN RESOURCES the newly employed and interns, • lifelong learning and a continuous Personnel restructuring, getting rid HŽ Infrastruktura d.o.o. process of educating and training the of the liabilities that occurred in the employees. previous period and raising the com- HŽ Infrastruktura d.o.o. was established pany to a level of competitiveness as an independent trading company on Human resources management pre- under the conditions of market libe- 29 December 2006 and at that time it sumes the transfer of knowledge and ralisation of the railway cargo trans- employed 7,538 employees. In the fol- experience to new employees. In the port sector represent a foundation lowing years the number of employees following medium-term period HŽ for the further business operations was continually cut through stimulating Infrastruktura d.o.o. has the goal of hi- of the company. While working on severance pay and through the Railway ring and training a certain number of achieving these preconditions, the Fund, established in 2007. In the 2007- trainees for work in various segments management board of HŽ Cargo d.o.o. 2013 period, the number of employees of the system, using the most experi- 30 has also carried out measures for the was reduced by 2,222. enced and best employees as mentors. In 2014 and 2015, the employment of years in the Railway Fund with a ma- strategy, organisational 100 interns is envisaged, and in 2016, ximum monthly gross benefit of HRK changes, privatisation) 2017 and 2018, the employment of 65 4,000.00, with all rights and obligations • Collective agreements (procedures of interns per year is envisaged. from the employment contract. collective bargaining) • Workers‘ joint decision-making (wor- Another goal is the continued training If they decline the employer‘s offer for a kers‘ councils) of employees, which will include obli- voluntary transfer to the Railway Fund, • Occupational health and safety gatory instructions for railway workers, the employees become redundant • Social partnership and social dialogue regular and unannounced knowledge and their employment contract is con- • Improvement of the living standard assessments, development of manage- sensually terminated on the basis of a re- rial skills, computer training and foreign dundancy termination, and they will be In HŽ infrastruktura, 4,365 emplo- language courses. covered by the redundancy programme. yees or 80 percent of the total num- The employees whose employment ber of employees are members of tra- HŽ Putnički prijevoz d.o.o. contract is terminated are entitled to a de unions. The following three trade stimulating severance pay in the amount unions are representative: HŽ Putnički prijevoz d.o.o. currently em- of one average monthly salary for every • Railway Operators‘ Trade Union with ploys 1,906 employees, 52 of which are full year of employment, but in the maxi- 1,634 members (37.4%) employed on the basis of a fixed-term con- mum amount of HRK 140,000.00. • Infrastructure Workers‘ Trade Union tract. The number of employees is planned with 1,359 members (31.1%) to be cut to 1,670 by the end of 2019. The If an employee covered by the redun- • Railwaymen Trade Union with 1,093 increase of the qualification structure of dancy programme does not accept the members (25.0%) the employees, with an emphasis on train- consensual employment contract ter- 260 employees (6%) are in the Croatian ing, and harmonising the system with EU mination, his or her employment con- Railways Trade Union and 19 employees standards are the primary business ob- tract will be terminated on the basis of (0.4%) are in two other trade unions. jectives of HŽ Putnički prijevoz d.o.o. as a redundancy termination. In this case Balkan Countries Western Sectorin the Railway in regards human resources. the employee is entitled to severance In HŽ CARGO, 2,120 or 86% of the to- Social Dialogue European and the Social DialogueThe pay in accordance with the company tal number of employees (2460) are The primary objectives of the restruc- collective agreement in the amount trade union members. The following turing programme regarding human of the average net salary calculated on two trade unions are representative: resources are the following: reduction the basis of the three months before • Croatian Train Drivers‘ Union – 762 of the number of employees in accor- the employment contract termination, members (35.9%) dance with the technical and technolo- for every full year of employment in • Croatian Railwaymen Trade Union – gical capacities, taking into account all HŽ, but the maximum amount is HRK 549 members (25.9 %) significant elements of the protection of 120,000.00. worker’s rights in the process of the ter- 269 employees (12.7%) are members of mination of employment contracts, the For the payment of the severance the Autonomous HŽ CARGO Trade Uni- implementation of training program- pays, the Government of the Repub- on (12,7 %), 229 employees (10.8%) are mes aimed at the improvement of the lic of Croatia issued a guarantee for a members of the TPVV Trade Union, 195 efficiency and quality of labour, and har- loan for the restructuring of HŽ Cargo employees (9.2%) are members of the monising the necessary knowledge and in the amount of HRK 250 million. The SHŽ Trade Union, 82 employees (3.9%) skills of the employees with EU levels. funds from this loan are intended for are members of the Croatian Railways the redundancy programme and the Trade Union, 21 employees (1%) are HŽ CARGO d.o.o. financial consolidation of the compa- members of the SPVH Trade Union, and ny. HŽ Cargo will continue with the 13 employees (0.6%) are members of The process of personnel restructuring restructuring in accordance with legal the Infrastructure Workers‘ Trade Uni- is under way. The employees who have regulations, restructuring guidelines on. A collective agreement was signed been made redundant have been of- and the approval of the Government of with the representative trade union – fered a transfer to the Railway Fund as the Republic of Croatia with the goal of the Croatian Train Drivers‘ Trade Union. well as the possibility of a consensual turning the business operations of the The other representative trade union employment contract termination with company positive. - the Croatian Railwaymen Trade Uni- the payment of a stimulating severan- on - did not sign the collective agree- ce pay. In the first stage, the number of TRADE UNIONS ment. However, it was signed by the employees will be reduced by 804. Autonomous HŽ Cargo Trade Union, The main fields of activity of the trade the Croatian Railways Wagon and Train The maximum amount of stimulating unions in the railway sector refer to the Technical Inspectors‘ Trade Union and severance pay is HRK 140,000.00. Em- following: the Croatian Railways Workers‘ Union In ployees can spend a maximum of three • Restructuring (railway development HŽ Putnički prijevoz d.o.o., the following 31 trade unions are representative: the Cro- tablished via a written agreement by all • the Labour Act atian Train Drivers‘ Union (43.78%), the representative trade unions. This written • the Act on the Criteria for Participati- Trade Union of the Railwaymen of Croatia agreement must clearly express the wills on in Tripartite Bodies and Represen- (26.00%) and the Croatian Railwaymen of the trade unions for their joint collec- tativeness for Collective Bargaining Trade Union (24.82%). tive bargaining and represents for the • ILO conventions (87, 98...) employer a confirmation that he is nego- • the International Covenant on Eco- REPRESENTATIVENESS tiating with representative trade unions. nomic, Social and Cultural Rights, UN OF TRADE UNIONS • International Covenant on Civil and Membership of trade unions Political Rights, UN The rules on the representativeness of in national or international • European Social Charter, Council of trade unions are prescribed by the Act associations Europe (unrevised) on the Criteria for Participation in Tripar- When it comes to national workers‘ um- Considering that the social dialogue is tite Bodies and Representativeness for brella organisations, the Croatian Rail- part of the industrial relations, which Collective Bargaining (OG 82/12, 88/12). waymen Trade Union is a member of the as a system cannot be established by association Autonomous Croatian Unions decree, but requires a bottom-up de- Article 8 of this Act prescribes (NSH), and the Croatian Railway Opera- velopment, the initiative must originate the following: tors‘ Trade Union is a member of the Croa- between the social partners – the wor- In the process of determining the repre- tian Association of Labour Unions (HURS). kers and the employers. sentativeness of trade unions, a trade uni- on is considered representative if, with the On the international level, the Trade Therefore, although in the last ten years employer or in the area or at the level at Union of the Railwaymen of Croatia, the an institutional mechanism for tripar- which the collective agreement is signed, Croatian Train Drivers‘ Trade Union and tite and bipartite social dialogue has it has at least 20 percent of the employees the Croatian Railway Operators‘ Trade been established in the Republic of Cro- as its members from the total number of Union are members of the ITF – Inter- atia, from the local to the national level, in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in employees in trade unions with the em- national Transport Workers‘ Federation the culture of social dialogue is not at The European Social Dialogue European and the Social DialogueThe ployer, in the area or at the level, at which and the ETF – European Transport Wor- an enviable level. the collective agreement is signed. kers‘ Federation. The bipartite social council for the railway Exceptionally, if the conclusion of a How does social transport sector was established on 30 collective agreement in one area is dialogue work? May 2012, with the support of the Minis- negotiated, which does not include a try of Labour and the Pension System. The group in accordance with the National A developed social dialogue is consi- signatories of the Agreement on the Esta- Classification of Economic Activities, in dered a stabilising factor, necessary for blishment of this Social Council are the which a trade union is active, whose the economic and social progress of the following trade unions: the Trade Union members are employees of the same country and for the cohesion of new EU of the Railwaymen of Croatia, HŽ Infra- profession and occupation, a trade uni- member states within the single market. structure Workers‘ Trade Union, Croatian on is considered to be representative if Train Drivers‘ Union, Croatian Railway it has at least 40 percent of employees The legal framework for the social di- Operators‘ Trade Union, Croatian Rail- as its members of the total number of alogue/industrial relations - national waymen Trade Union, the Autonomous employees of the same profession and and international instruments: HŽ CARGO Trade Union and the HŽ Wa- occupation employed with employers • the Constitution of the Republic of gon and Train Technical Inspectors‘ Trade that operate in the area for which the Croatia Union. In the name of the employers, the collective agreement is concluded.

Trade unions are also considered re- presentative if at least 75 percent of its members are employees of the same profession and occupation, which is di- rectly connected to the area for which the conclusion of a collective agree- ment is negotiated.

If the representativeness of several tra- de unions acting in one area or level for which the collective agreement is concluded is determined, the employer or employers‘ association can negotiate Meeting of the European social partners 32 with the social partners of Croatia in Zagreb 2014 only with the negotiating committee es- signatories of the Agreement are the fol- • the TARIFF PART, which regulates sa- From 1 July 2013 Croatia has become a lowing: HŽ Holding d.o.o., HŽ Infrastruk- laries, employee benefits, salary com- part of the European transport market, tura d.o.o., HŽ Cargo d.o.o., HŽ Putnički pensation, compensation of workers‘ which requires sustainability of the re- prijevoz d.o.o. and HŽ Vuča vlakova d.o.o. costs, insurance of workers, other forms carried out in the railway transport receipts of workers. sector and the adaptability of railway un- The Social Council is not in function • LABOUR CONDITIONS AND OCCUPA- dertakings to changes on the market. because the employers have not deter- TIONAL HEALTH AND SAFETY mined the new structure of the council EXPECTATIONS FROM on the side of the employers, which RESULTS OF THE THE SECTORAL DIALOGUE they need to do since HŽ Holding d.o.o. SOCIAL DIALOGUE no longer exists and new employers‘ The sectoral dialogue should be aimed representatives need to be appointed. The social dialogue could have a very at achieving the following goals: great perspective in terms of the bu- COLLECTIVE AGREEMENTS siness operations of the company • proposing amendments to regulations because mutual dialogue and under- with a view to increase competitive- In the railway sector there are several standing of the issues at hand as well ness on principles of sustainability and collective agreements, that is every com- as reaching compromise to allow an environmental protection pany has its own collective agreement. easier adjustment and implementation • strengthening of collective bargaining of individual processes in the company, on the level of the sector A collective agreement includes the taking into consideration the require- • establishing minimal standards in the following elements: ments and needs of the employees and sector the sustainable business operations of • proposing measures with a view to ad- • the LABOUR-LAW PART, which de- the company. In HŽ Putnički prijevoz vance the level of the functionality and termines the rights, obligations d.o.o., the demands of the employer safety of the railway sector and responsibilities concerning the and the unions are common for all em- • improving the ability of predicting and Balkan Countries Western Sectorin the Railway in following: the conclusion of a la- ployer-unions relations, but what is im- managing changes that are relevant Social Dialogue European and the Social DialogueThe bour contract, temporary transfer portant for reaching a compromise, for for socially responsible business ope- of workers, interns, working hours, the successful and profitable business rations rest periods and leaves of absence, operations of the company, is respec- • monitoring the state in the sector and education of workers and training ting the workers’ rights. counselling on issues such as the secto- for work, periods of service with ac- ral plan for increasing competitiveness, celerated pension plan, protection EXPECTATIONS FROM EU employment policy, education policy, of the privacy and dignity of wor- ACCESSION industrial policy kers, non-discrimination of workers, • participating in the formation of educa- termination of employment cont- The accession of the Republic of Croa- tion programmes and redefining the ract, protection of workers‘ rights, tia to the European Union means that role of educational institutions, neces- compensation of damages, rela- the previous business operation rules sary to the employers and trade unions tions with trade unions, worker‘s will need to change, that is they will in order to ensure the education of councils and commissioners for the need to be harmonized with the rules the work force in accordance with the temporary prohibition of the per- of the EU railway sector. The infra- needs of the economy, and necessary formance of activities, temporary structure manager and railway under- to the employees in order to increase suspension of workers. takings are facing great challenges their employability and adaptability, and changes, primarily in the ratio- and in order to verify forms of training nalisation of the business operations that will help bridge the period in and the reduction of the number of which public educational institutions employees. The Croatian railway sec- need to carry out the required reforms, tor has gone through a deep transfor- • defining information and statistical in- mation in order to fulfil the criteria for dicators that need to be regularly sub- EU accession. Over the past ten years, mitted to social partners (employers‘ the legal and institutional framework associations and trade unions), on even was harmonised with the acquis terms, in order for the social partners to communautaire and independent re- be able to build their capacities in order gulatory institutions have been esta- to conduct the social dialogue and to blished. HŽ was restructured and re- responsibly carry out their tasks, organised with the goal of becoming • the development of long-term consul- more competitive and user-oriented, tation mechanisms concerning import- and state aids for the railway sector ant issues related to the economic and 33 have begun to decrease. social position of the employees. Former Yugoslav Republic of Macedonia

The railway sector and employs some 36600 workers that of investment in railway system. in F.Y.R. of Macedonia are participating with 6.31% in creation of Macedonian GDP, hence modernisa- Despite the abovementioned the im- The relevance and market tion and the development of sustainab- portance of the railway system is cru- share of the railway sector. le transport sector is one of the highest cial for the development of modern, priorities in future development of the sustainable and socially responsible in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in Republic of Macedonia is landlocked Macedonian economy. transport system of R. Macedonia. The European Social Dialogue European and the Social DialogueThe country located on the south of Balkan That is why there are many ongoing Peninsula positioned on the crossroads At present the railway sector employs investment projects described further of the pan European corridors VIII and 2515 employees. The market share is in the report that will contribute to X. Its 25.713 m2 surface and populati- 7.5% in freight transport and 0.8% in imposition of the railways as serious on of 2.058.539 inhabitants are making passenger transport. and reliable partner in the overall it relatively small scale economy. Thus transport sector. Macedonian economy is vastly open Small market share is due to underde- and export oriented. veloped railway network as well due Organisation of the to overall the state of the railway sys- railway sector Transport storage and communications tem which has been victim of regional branch has important role in building events of the 90’s that instigated econo- Macedonian railway sector is compri- the competitiveness of the economy mic collapse hence prolonged absence sed by two entities that resulted from

G-01: Structure of passenger transport, 2012 G-02: Structure of goods transport, 2012

road air railway lake railway air transport transport transport transport transport transport 0,0% 12,2% 0,7% 0,8% 0,0% 7,5%

taxi transport urban transport 31,7% 54,6%

34 road transport 92,5% the restructuring of the former PE Ma- locomotives structure Macedonian Railways – cedonian Railways as follows: • Procurement of 150 cargo rail cars of Skopje employing 1315 workers and 1. Public Enterprise for railway infra- various types and • Macedonian Railways JSC Skopje structure Macedonian Railways – • Reconstruction of the existing facili- 100% State owned employing 1200 Skopje employing 1315 workers and ties from the energy efficiency aspect. workers. 2. Macedonian Railways JSC Skopje 100% State owned employing 1200 Total value of the abovementioned in- Short description of the workers. vestments is 50 mln. Euro. restructuring process After the declaration of independence of Length of the railway Freight and passengers Macedonia, the Public Enterprise Mace- infrastructure transport per year. donian Railways was established in 1991 integrating all railway sector operations. The length of the railway infrastructure MZ TRANSPORT JSC Skopje transported is 925 km of which 699 are open tracks, 853,177 passengers in 2013 representing The restructuring process began in 226 km are platform tracks and 102 are decrease of 15.78% compaired to 2012. 2003 when the Government selected industry tracks. Electrification covers the restructuring process that envis- 3212.66 km of track. The main type is of Concerning the freight transport aged the separation of the railways into 25kv 50 Hz. 2.282.837 tons of goods were transpor- two entities reduction of work force ted in 2013 whreby 26.394 tons are in and the introduction of private sector State of the infrastructure the domestic market and the rest is the in railway operations. Its implementa- and the development projects international transport. tion was supported by 19 mil. $ World Bank loan that stipulated the strict im- The decades of negligence have left the Market liberalisation and plementation of the aforementioned railway infrastructure in dire state, un- cross border traffic. severe measures. dermining the quality of services. The Balkan Countries Western Sectorin the Railway in National Transport Strategy and the Go- The amendment of the law on Railway 700 employees were dismissed in Janu- Social Dialogue European and the Social DialogueThe vernment 4 year programme foresees System in July 2012 prevented the mar- ary 2005 without prior agreement on number of development projects that ket opening in Macedonia. the severance package with the trade are in various stages of implementation unions leading to largest to date railway totaling 578 mil. euro provided by Nati- Further restructuring plans workers strike in Macedonia. Further onal budget, EBRD and IPA Programme for railway sector. restructuring process was conducted as follows: by adopting the legal basis for the se- Main focus of the Government and the paration of the public company in 2005 Corridor 10/10d modernisation companies in the forthcoming midterm thus the establishment of the two newly projects period is the implementation of the founded companies that were relieved • Track overhaul of Nogaevci – Negoti- abovementioned investment projects from the outstanding liabilities that were no section with in the present organisational fra- taken over by the Government. • Building and reconstruction of Bitola me of the railway sector based on the – Kremenica section existing two state owned entities. By the end of 2010 the “Railways reform • Renovation of Skopje train station Project“ was fully implemented and • Renovation of 10 train stations along On the other hand the implementation of both the legislation and the necessary the corridor 10/10d the investment programme imposes cer- regulatory bodies envisaged in the 1st • Introduction of GSMR and ETCS systems. tain structural changes such is the trans- and 2nd railway package were in force formation of Skopje Cargo station into and functioning. Corridor 8 modernisation projects complete multimodal terminal that will • Construction of the railway line to have to be new organisational part within The time distance from the second half Bulgaria in three stages the PE MR INFRASTRUCTURE - Skopje. of 2008 until 2013 is the period in which • Construction of the railway line to the new companies were operating Albania in the environment of global financial The social partners and the crisis that reflected most negatively at In accordance with the programme structure of social dialogue the Corridor 10 in neighboring Greece. of the Government there is ongoing The freight transport intensity recor- tendering procedure for procurement Employers ded increase of 43% reaching 1.274.678 and reconstruction for the needs of MZ mil.ton.km in 2008 but contracted to TRANSPORT JSC Skopje as follows: Employers in railway sector 711.016 mtk in 2009, which represents • Procurement of 6 new passenger The main employers in the railway sec- 55% decrease in freight transport hen- multiple units (4 DMU and 2 EMU) tor are: ce the huge reduction in revenues. To 35 • Reconstruction of the existing electro • Public Enterprise for railway infra- avoid the worst happening the Gover- nment intervened to consolidate the After the significant reduction of work- Membership in national, European and indebtedness of both companies and force in 2005, when the total number international employers associations ensure their seamless operation. of employees was reduced by 30%, the Both companies are members of Com- remaining redundancies were reduced munity of European Railways. Apart from the economic factors, the veto by means of natural attrition. The pre- from one of the member states to the sent size of workforce is 2515 full time The trade unions beginning of the accession negotiations employees. between EU and Macedonia created poli- Macedonian railway workers are organi- tical impediments to further reform of the The introduction of new technologies sed in multiple trade union organisations sector resulting in large impact to railway is expected to create jobs that require of which relevant are following: Trade market liberalisation process. employment of new highly skilled wor- Union Organisation of Railway workers of kers, thus the increase of total number PE MR INFRASTRUCTURE – Skopje, Trade Economic situation in which compa- of employees is expected in the future. Union organisation of railway Workers of nies are operating and the necessity MR TRANSPORT JSC – Skopje, Association for investments in infrastructure and The main objectives of the develop- of Independent Trade Unions – Zelezni- the rolling stock. ment of human resources cari, Trade Union Organisation of Depot The situation of the national and parti- Workers, Trade Union Organisation of cularly of the economies of the neigh- PE MR INFRASTRUCTURE – Skopje Track Maintenance Workers, Indepen- boring countries along the Corridor Considering the fact that the average dent Trade Union of MR TRANSPORT JCS 10 is still very difficult thus the Gover- age of the employees is 56 years and Skopje and Independent Trade Union of nment intervention is still essential in the reforms of the overall public sector Engine Drivers of Macedonia both ensuring the daily operation and that are conducted by the government providing the necessary investment as the main goals in human resources de- Trade union density above described. velopment are: The above mentioned trade unions are in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in • Adaptation of the employees to the organising over 90% of railway workers. The European Social Dialogue European and the Social DialogueThe Present and future goals of the com- new technologies and adaptation of panies in railway sector organisational priorities to meet the Representativity criteria The aims of both companies are stipu- capabilities of employees so they can Representativity criteria are determined lated by the changes in the European cope with the changes in the company. by article 212 of Labor code where there railway sector resulting with the separa- • Education and building capacities are separate conditions for establishment tion of infrastructure management and of the employee evaluation, training of representativity of workers and em- transport operations. and social protection department ployers organisations for the purposes of by means of training sessions and collective bargaining. The criteria for rep- Consequently the mission of MR seminars in order of preparation for resentativity are established at national, TRANSPORT JSC Skopje is to provide competent evaluation of employees branch and employer/company level. quality, reliable and environmentally competence. acceptable transport and traction ser- For the purposes of this report the cri- vices to its clients. MR TRANSPORT JSC Skopje teria for representativnes at branch and • Development of the skills of employ- company level are of particular interest. The ongoing investment cycle that is ees by means of continuous training • Representative branch trade union is taking place with the assistance of Go- and performance evaluation. considered the union that organises vernment will modernise and increase • Maintaining the appropriate level of no less than 20% of the total num- the transport capacities of the compa- industrial relations and engaging in ber of workers employed within the ny aiming to prepare it to face future collective bargaining with workers branch that operates. competition. representatives. • Representative trade union at com- • Improvement of working conditions of pany level is considered the union Regarding the infrastructure the future the employees by means of programs that organises no less than 20% of goals of PE INFRASTRUCTURE SKOPJE on injury prevention, workplace stress the total number of workers emplo- are to reconstruct and modernise the reduction and counseling etc. yed in the company that operates. Corridor 10 aiming to increase the pro- • Proactive approach in motivating the jected train speed and increase the traf- employees. Representative trade unions fic flow capacity and secondly to build Company level representativeness cri- the remaining sections of the corridor 8 Companies involved in collective teria are met by following trade unions: in order to make it functional. bargaining • At PE MR INFRASTRUCTURE – Skopje: Both companies are involved at compa- Trade Union Organisation of Railway The number of employees in compa- ny level collective bargaining process workers of PE MR INFRASTRUCTURE 36 nies employment development and with their respective representative – Skopje and Association of Indepen- future expectations. partners from the trade union side. dent Trade Unions – Zeleznicari. • At MR TRANSPOR JSC Skopje: Trade Uni- Tripartite social dialogue ments of companies are set up to dis- on organisation of railway Workers of at national level cuss issues of mutual concern. MR TRANSPORT JSC – Skopje and Trade At national level the tripartite social di- Union Organisation of Depot Workers. alogue is functioning within the activi- Parties involved in bipartite and tripar- ties of the Economic and Social Council tite social dialogue in railway sector Membership in national, European and of Macedonia (hereto referred as ESC) • Information and consultation process International workers organisations. where the social partnership is establis- is conducted in accordance with ar- Trade union organisations that are part hed between following entities: ticle 94a of Labor code meaning that of the Trade Union of Workers in Traffic • The Government of Republic of Ma- all existing trade union organisations and Communications are at the national cedonia, represented by the Minister are included in the process. level affiliated to the Federation of Trade of Labour, who is also presiding the • Concerning the codetermination Unions of Macedonia and internationally meetings of ESC, Minister of Finan- there is significant difference be- affiliated to International and European ces, Minister of Economy and the Vice tween the companies in the oppor- Transport Workers‘ Federation. President of the Government in char- tunity of trade unions to participate • ANS – Zeleznicari is the member of ge of economic affairs. in the decision making process. The International Transport Workers‘ Fe- • Representative trade unions at na- deference is due to different legal deration. tional level, the Federation of Trade status of the respective companies. • Trade union organisations that are Unions of Macedonia and the Confe- MR TRANSPORT JSC Skopje is found- part of the Trade Union of Transport deration of Free Trade Unions of Ma- ed and operating in compliance with and Communications are at national cedonia. the law on commercial entities that level affiliated to the Confederation • The Employers’ Organisation of Ma- stipulates presence of workers dele- of Free Trade Unions of Macedonia cedonia. gate in supervising board of the com- and internationally affiliated to ITF pany. Following the amendments of and ETF Social partners from the railway sector the law on public undertakings. In • The Independent Trade Union of Mace- don’t have any direct participation or 2004 the opportunity of having per- Balkan Countries Western Sectorin the Railway in donian Railways is member of the Eu- influence in ESC activities, for to date manent employee representatives Social Dialogue European and the Social DialogueThe ropean Transport Workers‘ Federation. development of industrial relations in in the Managing board of the PE IN- the sector is predominantly taking pla- FRASTRUCTURE Skopje was eliminat- Focus of trade union activities. ce at company level and at Ministry of ed. To mitigate the latter the statute • At present the activities of trade transportation level depending on the of the Company stipulates that the unions in both companies are direc- issues set. representative trade unions have the ted towards the collective bargaining right to be present at the meetings process at company level. Tripartite social dialogue of the Board when issues related to in railway sector working conditions are discussed. Despite considerable level of mutual • The collective bargaining process is How does social respect and cooperation there hasn’t regulated by article 219 and 220 of dialogue work? been thus far establishment of any ins- the Labor Code and stipulates that titutional form of tripartite social dialog only representative trade union orga- Legal basis for social dialogue at Ministry of transportation level such nisations are entitled to negotiate the Legal basis for establishing social dia- is ESC or any other form. At sectorial agreement. logue in Macedonia is constituted from: level the social dialog appears in form • Labor code („official gazette nr. of informal or formal meetings of part- Description of the social 62/2005) ners, and the frequency of meetings dialogue process • Agreement on establishment of Eco- depends on scale and nature of the The company level social dialog is exer- nomic and Social Council of R. Mace- changes that are imposed to working cised in both companies in the areas of donia („off. Gazette nr.113/2010). conditions in the sector. information/consultation and collecti- • ILO Convention nr.87 on Freedom ve bargaining. of Association and Protection of the Bipartite social dialogue The information and consultation pro- Right to Organise from1948. in railway sector cess is conducted by means of informa- • ILO Convention nr.98 on Application of • Bipartite social dialogue is taking tion bulletins on present and planned the Principles of the Right to Organise place predominantly at company le- activities of the management, that are and to Bargain Collectively from 1949 vel between the trade union organi- delivered to trade union organisations • ILO Convention nr.144 on Tripartite sations and the management of the and direct consultative meetings with Consultation and Recommendation companies. trade unions. The areas covered by the nr.152 on International Labour Stan- • At sectorial level the bipartite social social partnership are predominantly dards from 1976. dialog is seldom practiced. Depen- problems that are occurring in day to • ILO Convention nr.140 on Paid Educa- ding on the occasion joint meetings day operations that influence the wor- 37 tional Leave from 1974. between trade unions and manage- king conditions. The most frequently discussed topics at The outcome from social dialogue the frame of the Ministry of transpor- the meetings are: The most evident outcome from the tation. The formalisation would contri- • Issues of workplace health and safety engagement in social dialogue is un- bute to reaching mutual compromises • Individual or collective disputes be- doubtedly ensuring the prolonged and effective inclusion of employees tween management and employees social peace and with some minor ex- representatives in the decision making etc. ceptions uninterrupted operation of process. the companies that are comprising the Collective agreements Macedonian railway sector. To the sig- Expectations of EU accession Collective bargaining in the railway sector nificance of the afore mentioned adds for the railway sector is present exclusively at company level. the fact that in the the foregoing 5 year period the railways had to operate with- The experience from railway reforms At the infrastructure manager the col- in the conditions of financial crisis that from the workers side is mostly nega- lective bargaining agreement is present triggered social turmoil followed by tive. At the beginning of the process since 2010 but since Labor Code stipu- general strikes in railway sectors of Bul- 700 workers were dismissed in 2005 lates that collective agreements durati- garia and Greece in particular. and later on the process of liberalisa- on is limited to period of two years, in tion was started, which coupled with May 2012 the social partners agreed to Since 2010 the employees of the in- the blockade of the euro integration extend the acting agreement for addi- frastructure manager are covered by process due to 2009 veto on accession tional two years. For the next two year a collective agreement and the first negotiations, threatened to endanger period the completely new collective agreement for the transport opera- the jobs of then 1500 workers of MR agreement is in process of conclusi- tor employees is very soon expected, TRANSPORT JSC Skopje, or in essence on. The trade union negotiating board hence the greater rights of the workers. half of the sector employees. That is is comprised from representatives of why a change of the law on railway sys- Trade Union Organisation of Railway The perspectives for social dialogue tem is needed to stop the liberalisation in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in workers of PE MR INFRASTRUCTURE – Further integration of the F.Y.R. of Ma- of Macedonian railway market. The European Social Dialogue European and the Social DialogueThe Skopje and Association of Independent cedonia to EU economic and political Trade Unions – Zeleznicari. processes will inevitably entail further Having in mind the enlargement fatigue implementation of railway directives, and the latest political trends at EU lev- At MR TRANSPORT JSC Skopje in absen- hence further fragmentation of the el marked by ever growing influence ce of company level agreement the pro- entities that are comprising the Mace- of Eurosceptic in European Parliament visions of the general agreement for the donian railway sector. Furthermore the logical conclusion is that in the mid- public sector employees are applied. latest reforms of the public administra- term period, apart from Montenegro, The negotiations for the conclusion of tion of Macedonia is bringing the em- there won’t be fast EU integration of the company level agreement are at a final ployees of the two companies under remaining countries of the Western Bal- stage. The trade union board is compri- different legislation and consequenti- kans region. But that doesn’t mean that sed of representatives of Trade Union ally different employment conditions. there won’t be any railway integration organisation of railway workers of MR This could be the source of future dis- and that the EU common transport pol- TRANSPORT JSC – Skopje and Trade content among the employees and po- icies will not influence the region. Union Organisation of Depot Workers. tential social instability in the sector. The European Union has direct interest Main elements of The aforementioned will direct the so- for the Western Balkans region, where collective agreements cial partners attention to sectorial so- • Establishment of individual rights cial dialogue, especially to the tripartite and duties of the employees such one, whereby the efforts will be to en- as employment contracts, working sure that the railway sector legislation hours, vacation and other types of ensures equal working conditions to all leaves, special protection of senior railway workers in the sector regardless workers, pregnancy and maternity of their employer or employment status. rights, and the protection of single parents. Need for further development of social • Establishment of the conditions to dialogue exercise collective rights such as right One of the most likely possible directi- of association and the right to strike. on of social partners synergy to further develop the social dialogue is that trade The collective agreements are man- unions and employers jointly demand datory and applied to all employees in the formalisation and institutionalisati- 38 the company. on of the tripartite social dialogue with Macedonia is positioned being crossroad country to assume the responsibilities connecting the ports in the Adriatic of two pan European transport corridors. of being EU member, and coping with and the Black sea will contribute, too. market conditions of the EU. The present transport sector coope- For the trade unions ration between EU and the countries The modernisation and the new tech- The positive effects for the trade unions of the Western Balkan region is based nologies will require new skills and new will be the opportunity for their parti- upon the 2004 MoU. But ever since EU methods of organisation and manage- cipation in European sectorial social di- is striving to create transport commu- ment which can be attained by means of alogue that will contribute to increase nity with the countries of the Western practice and experience exchange in co- their capacities to engage in national Balkan where Macedonia would ine- operation with European industry organi- level social dialogue. vitably be included and in which case sations such as CER and ETF. The EU acces- our Government would be bound sion will certainly impact MR TRANSPORT For the working conditions by the treaty to implement all of the JSC Skopje in several segments: and the employees EU railway packages. Having in mind Regarding the working conditions the that railway reform and privatisation • The competition will be introduced EU accession will reaffirm the applicati- of Greek railways is being expedited, firstly in freight transport resulting on of positive practices in management Croatia is already an EU member and with necessity of rationalisation of and cooperation among social partners Serbia has recently attained candidate administrative staff, but the expected leading to improvement of working status, it is not unrealistic to anticipa- scale of this reduction is expected to conditions for the workers. te more intense implementation of EU be resolvable for the employers and transport policies along the corridor the unions. For the social dimension 10. • There will be an increase in MR The European social model is one of the TRANSPORT JSC Skopje’s capacity to most important gains of EU. It is based Anticipated effects compete both with other modes in on combination of fostering the econo- the domestic market and within the mic growth and empowering the social Balkan Countries Western Sectorin the Railway in For the railway sector rail sector, increasing the efficiency of partnership and will influence towards Social Dialogue European and the Social DialogueThe Gradual recovery of Macedonia and the company. The modernisation and an improvement of social dimension in the economies of the region from the expansion of the present network Macedonian railway sector. economic crisis, the investments in the sector and the reduction of border pro- cedures will contribute to increase the volume of transport along the corridor 10 consequently increasing the job se- curity and creating need for more em- ployment.

For the railway companies Infrastructure and rolling stock invest- ments are largely assisted by European financial institutions. This is part of the large process of capacity building the

Meeting of the European social partners with the social partners of F.Y.R. of Macedonia in Skopje 2014

39 Montenegro

Montenegro is a small, attractive coun- try in the south of the Balkans, covering the area of 13.812 km2; the population is 625.266, its capital city is Podgorica, and its currency is the EURO. Its rail network consists of 326 km of railway track, by which is meant station platforms and open rail track lines. There are three rail- way lines: the railway from Bar to Vrbni- ca, on the border with the Republic of Serbia, 167 km – electrified; the railway from Podgorica to Tuzi, on the border with Albania, 24 km – non-electrified, with connection to Corridor VIII; and the railway from Niksic to Podgorica, 56 km - electrified.

The Bar - Vrbnica Railway is an internatio- nal line and is a part of the Belgrade - Bar tation Safety Certificate issued by an new company was formed, the Railway railway and Route 4, which connects the administrative authority, viz. the Rail- Rolling Stock Maintenance JSC Podgori- Port of Bar with Trans-European Corri- way Directorate of Montenegro. ca (AD OZVS). Thus the system has now in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in dors VII and X, MAP 2010-2014, and it is been divided into the following: The European Social Dialogue European and the Social DialogueThe the most important transport route for The process of restructuring the railway • ZICG JSC – Podgorica - 72% state the economy of Montenegro and the system in Montenegro has been carried owned, Port of Bar. The railway through Monte- out in accordance with the Montene- • ZPCG JSC – Podgorica - 89 % state negro is a mountain railway, so that on grin Railways Restructuring Strategy, owned, the 65 km long route from Podgorica to starting in 2007. The strategy sets sta- • JSC Montecargo –Podgorica - 87% Kolasin trains climb an altitude of 1.000 ges and appoints methods for restruc- state owned, m. The highest railway viaduct in Europe turing and segmenting the Montene- • JSC OZVS – Podgorica - 85 % state is located on the bridge over the Mala grin Railways, taking into account the owned. Rijeka, on the Bar - Bijelo Polje railway directives issued by the EU for liberalisa- border crossing. tion of the European railway market. In The restructuring process is now at the 2008 a complete separation was made end of Phase II, involving further seg- The share of rail traffic within the Mon- between the Infrastructure Managing mentation of ZICG into the Railway tenegrin transport sector in 2013 was Authority and the Transportation Au- Rolling Stock Maintenance Company 9.8% for passenger and 41% for freight thority by closing the parent company, and the Railway Stations and Land Com- transport. the Railways of Montenegro Joint Stock pany. The newly formed companies will Company. Formation of two further be privatised, as will Montecargo, which Railway Sector Organisation companies has taken place: the Railway will be subject to privatisation in 2014 Infrastructure of Montenegro JSC (ZICG under the decision of the Government The Railways Act declares that the inf- AD) and the Railway Transportation of of Montenegro, when an international rastructure is a public asset in common Montenegro JSC (ZPCG AD). In a further invitation for sale will be published. use, owned by the state. Passengers process of restructuring a freight opera- and goods can be carried by rail either tor has further been separated from the Institutional framework as public transport or transport for pri- ZPCG JSC, to become the MONTECAR- vate purposes. Infrastructure manage- GO JSC Podgorica (MONTECARGO AD). Institutional organisation ment and traffic management is based In 2011 further segmentation took pla- scheme in Montenegro on a principle of separation: infrastruc- ce in the restructuring process when a The Ministry of Transport and Maritime ture management and transportation services are distinct responsibilities. According to law, the infrastructure management authority must have an Infrastructure Management Licence, 40 while traffic operators must have a Transportation Licence and Transpor- Affairs is in charge of rail transport policy. port, COTIF, rail-traffic safety, security and ture, a particular weakness of the current The Ministry includes the Railway Direc- interoperability. Bilateral meetings with transport system in Montenegro is the torate, which performs a number of acti- the EU were held in April 2013. absence of links between road, rail and vities relating to development policy for sea traffic, as a result of which much Balkan Countries Western Sectorin the Railway in railways, establishing strategic plans, pro- There are no private operators in Mon- freight transport has been by road, while Social Dialogue European and the Social DialogueThe grammes and projects, monitoring the tenegro, but the legal framework fully the potential offered by the railways and rail-traffic situation, identifying, preparing ensures access for those able to fulfil the Port of Bar has been under-utilised. and proposing systematic measures for the stipulated conditions. implementation of railway policy, and Since the volume of rail transport can analysing their impact on the economic The railway infrastructure of Monte- be viewed as an indicator of the region‘s situation and economic conditions, etc. negro has border crossing stations at international appeal and its integration The Department for European Integrati- Bijelo Polje with the Republic of Serbia into the market, it is in the best interests on and International Cooperation is also and at Tuzi with the Republic of Albania. of Montenegro to increase this volume part of the Ministry‘s organisation. Engines of Serbian Railways haul trains and utilise all circumstances promoting to the border-crossing station of Bijelo such a development. The Railway Directorate is an admin- Polje, while haulage of freight trains at istrative body within the Ministry of the border crossing of Tuzi, MC - Bajze, 19 million Euros, from loans by interna- Transport and Maritime Affairs, supervis- HSH is subject to agreement for each tional financial institutions loans and ing the operation of railway companies individual timetable. pre-accession funds, has been invested owned by the state. As a regulator, it since 2007 until now in upgrading the issues licences and certificates for infra- What is the quality of infrastructure Vrbnica – Bar railway. structure management and transport and are there large-scale infrastruc- operators, adjudicates on complaints ture-development projects in the Track superstructure has been moderni- involving contracts for infrastructure pipeline? sed in the following sections: Bijelo Polje use, supervises infrastructure manage- - Krusevo-Mijatovo Kolo; Mijatovo Kolo - ment investment programmes, con- In addition to economic and political Mojkovac; and Trebaljevo-Kolasin. trols the use of state subsidies to cover problems, one of the key obstacles to public transport costs and PSO, issues the progress of the economy, due to Likewise platform tracks at Trebjesica licences for use of new rolling stock, etc. insufficient and varying regional de- station have been modernised, and the velopment, is the state of the transport sixth and seventh tracks at Bijelo Polje Montenegro has adopted the EU acquis infrastructure, which has been identi- station have been electrified. communautaire for its rail-traffic territory. fied as a limiting factor, even though in Directives have been applied within this the past few years a significant amount The main designs have been produced legal framework, thus enabling access to of work has been done on improving all for modernising the Vrbnica – Bar rail- the market and infrastructure. Technical kinds of traffic, as stated in the Europe- way, covering each individual section and safety requirements are fully integ- an Commission Report. from Kolasin to Bar. 41 rated, as are hazardous substances trans- In addition to the state of the infrastruc- The main design for modernisation of the Trebaljevo bridge has been produced • Board of Directors, been used for reconstruction of the Nik- and its review has been completed. • Executive Director, sic – Podgorica railway, completed in • Secretary, 2012. Reconstruction of the Vrbnica-Bar Designs have also been prepared for • Auditor. railway has been mainly financed from construction of a new electric-traction EIB loans (EUR 34 million), IPA funds plant at Trebjesica. The Railway Infrastructure JSC has been (EUR 20 million), and one part from the organised in operational sectors, con- EBRD loan (EUR 25 million). Current investment in the Vrbnica – sisting of 5 sectors managed by the Di- Bar railway rectors, and 3 Service Divisions. The primary goal of the ŽICG is to res- tore the condition of railway infrastruc- Designs for modernising 15 steel brid- The length of the railway network is ture to that which existed at the time ges and 12 embankments on the Vrbni- 250 km, out of which 223 km has been when it became operational for traffic, ca – Bar line are under preparation. electrified. The network consists of the level to which it was designed, wi- three railways: Bar-Podgorica-Vrbnica thin the scope allowed by the financial Invitations to tender for complete repla- (167 km electrified); Podgorica-Niksic constraints and other conditions – plus cement of the electric traction plant at (56 km electrified); and Podgorica-Tu- refurbishment and modernisation of Trebjesica are underway. zi-state border with Albania (25 km, the railway as a whole. not electrified). The main and most si- Tender documentation is also under gnificant railway is part of the primary Pursuant to the Montenegro Railways preparation for modernisation of the Beograd-Bar route in Montenegro, Act, the ŽICG issues and publishes a Net- Kolasin - Kos and Kos – Trebjesica tracks, which enables transit traffic to reach work Statement, providing information and the tender procedure for selection the port of Bar from the countries of on the rail network, conditions for access of contractors to modernise five tun- Central Europe. and allocation of infrastructural capacity, in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in nels is also underway. the fees for infrastructural use, and the The European Social Dialogue European and the Social DialogueThe Management of this infrastructure is organisation and control of traffic. Preparation of technical documentati- an activity of common interest carried on for the electrical signal box at Pod- out by the managing authority through The ŽICG currently has 840 employees. gorica and modernisation of 91 concre- current maintenance and capital inves- Employment policy has favoured a na- te bridges is underway. tment. Current maintenance of the rail- tural outflow (retirement, filling exis- way infrastructure has been conducted ting vacancies in case of health-related Further modernisation plans have been pursuant to the Railway Infrastructure resignations, resolution of redundant announced for the track superstructure Maintenance Programme. Under the employees’ status under governing le- from Kos to Podgorica (2014 - 2020). Montenegro Budget (Railway Infra- gislation). No significant changes are structure Maintenance) Act, funds co- expected to the number of employees The Railway infrastructure of Monte- ver the following segments: in the forthcoming period. negro JSC - Podgorica (Željeznička In- frastruktura Crne Gore - AD Podgorica, • Maintenance of structural assets; The ŽICG plans to improve employees’ hereinafter called the “ŽICG“) is a joint- • Maintenance of electrical infrastructure; administrative and technical skills. stock company incorporated on 7 July • Managing and controlling the traffic. Support directed for improvement in 2008, in accordance with the Montene- administrative skills, provided from IPA gro Railways Restructuring Plan. The ŽICG greatly desires to make signi- funding, is of considerable significan- In its capacity as the managing authori- ficant capital investment in the recon- ce. These projects help to enhance the ty of the infrastructure, which is a pub- struction of the overall rail network in skills needed to identify and prepare lic asset in common use and owned by Montenegro. However, due to its limited proposals, to develop and implement the state of Montenegro (72.35%), the budget, and in particular after the out- major infrastructure-development Railway Infrastructure JSC undertakes break of the current economic crisis, the projects. A significant number of pro- the maintenance and modernisation of ŽICG has been unable to fund significant jects financed by funds from internati- the infrastructure, guarantees access to capital investment in Montenegro by onal financial institutions are helping the network, allocates infrastructural fa- itself. Although railways in Montenegro to develop the technical skills of ŽICG cilities to all railway carriers which meet are extremely difficult to maintain and staff. As well as the work outlined abo- legal requirements, sets fees for use of huge financial investment is required, ve, and for the purpose of improving infrastructure facilities, develops and under strategic plans drawn up over the existing skills, the ŽICG itself organises publishes timetables, and generally or- last seven years, intensive work has been training courses, workshops and semi- ganises and governs rail transportation. underway on refurbishment projects, fi- nars for its employees, including voca- The company’s governing bodies and nanced by loans from the EBRD, the EIB, tional training and specialist education 42 officials are: and pre-accession funds. for railway workers (engine drivers and • Shareholders‘ Meeting, A major part of the EBRD funding has signalmen). The Sector has been governed by two from 2014 to 2020). This will involve impro- new company, redundant emplo- important acts: ving collaboration, attracting more cargo yees, court decisions in the past, in- for shipment, and simplifying procedures, adequate distribution of jobs and The Railways Act (2014) i.e. carrying out all customs and border for- responsibilities The Railways Act governs railway-infra- malities in accordance with each country‘s • Lack of regulatory authorities in Mon- structure management and rail-traffic legal requirements in one zone. tenegro at the time of restructuring operations. in 2007 Medium-term priorities are as follows: • Inadequate allocation of assets, audit The Railway Traffic Safety Act (2008) of the balance-sheet distribution, The Railway Traffic Safety Act sets • To achieve the requisite level of in- • Problems with acting authorised per- the conditions and procedures under frastructure safety standards, while sons’ interrogation, which railway traffic operates and the complying with the principles of in- • Level of fees for infrastructure use, railway system functions in the terri- teroperability and developing it in unsustainability of national passen- tory of Montenegro. The same Act rai- accordance with EU legislation; ger operator, etc. sed the level of qualifications and spe- • To strengthen infrastructural capacity; cialist knowledge required of railway • To maintain safety on the railways. Advantages: staff, regulated railway workers’ voca- • Successful financial consolidation, tional skills and specialist knowledge, The intention of these plans is to devel- debts having been taken over by the and established regular and specia- op rail transport in Montenegro in such state, list assessment of their professional way as to ensure secure and safe trans- • Greater transparency in application skills. Vocational training program- port for a larger number of passengers, of budget mes, vocational examinations and and to encourage long-distance goods • More precise grant allocation the examination certificates issued to traffic, while maintaining the essential • Different treatment of railway com- successful candidates have also been criterion of safety in the organisation panies, etc. Balkan Countries Western Sectorin the Railway in standardised. and functioning of all traffic. The railway Social Dialogue European and the Social DialogueThe system will also be better positioned The legal framework under which the Through its accession to the EU and in its competition with road carriers, Montenegro social dialogue operates is consequent access to the European where improvement and financial sus- as follows: market, Montenegro expects to ex- tainability in goods transport is possi- • Labour Act (Official Gazette of Mon- pand trade and thus provide a greater ble in this sector. tenegro, editions 49/08,26/09,59/11, volume of work for the railway sector, 66/12), by increasing both passengers and Accordingly we must create conditions • Montenegro General Collective freight. Active engagement on the for smooth and safe traffic flow and for Agreement (Official Gazette of Mon- part of all stakeholders in the traffic the integration of the Montenegrin rail- tenegro, edition14/14) – tripartite so- sector of Montenegro will therefore way network into the European railway cial dialogue be necessary in order to improve networks, by bringing the technical • Occupational Safety Act (Official Gazet- competitiveness and to attract re- characteristics of the Montenegrin rail- te of Montenegro, editions 79/04, 26/10) gional markets to use the services way lines up to the level of the railway • Rail Transport Security, Organisation which it provides. This will furnish an lines in other European countries. and Efficiency Act 2014 incentive for the existing workforce • Healthcare Protection Act (Official Ga- to invest in improving the education, zette of Montenegro, edition 39/04), qualifications and skills they will need Social partners and social specifically Section 3 governing health to carry out their duties at the highest dialogue structures at work and the working environment possible professional level, providing in Montenegro (Articles 15, 16 and 17), involving me- a highly committed workforce able to dical examinations of employees and strengthen compliance with EU legis- EMPLOYERS risk assessment for each job. lation, build up capacity, raise institu- • Trade Union Representation Act (Of- tional expertise, etc. Restructuring of the railway sector has ficial Gazette of Montenegro, edition had its advantages and disadvantages. 36/13) Given that Montenegro has a status of a • The Social Council Act (Official Ga- candidate country, it has been able to par- Issues that the railway sector encounte- zette of Montenegro, editions 16/07 ticipate in allocation of EU funds through red during the restructuring process are and 20/11). The Social Council was Components II and III - Cross-border Co- as follows: formed with the following areas of operation and Regional Development. We jurisdiction: development and im- have also made improvement of cross-bor- There is no actual key for distribution provement of collective negotiations, der traffic a priority, at the border stations balance impact of economic policies and their 43 of Bijelo Polje and Tuzi (programme to run • Inherited problems burdening the implementation on social dialogue, wages and prices, privatisation, oc- The government has instituted labour Works councils have no legal or formal cupational safety and environmental legislation, and a legislative environ- existence in our country, so we can protection, education and vocational ment has been established, meaning only expect their gradual introduction. training, healthcare, social security, that the state has worked on the reform Successful examples of these bodies at demographic trends, etc. of labour legislation and on the pro- EU level will therefore be useful to us, • The legal framework in Montenegro motion of social dialogue. Thus a set of since our country must accept further governing social dialogue and work- laws has been passed, improving the obligations on its path to the EU integ- ing hours is largely in line with the EU business environment and adopted in ration, as in the accession of Montene- legislation. It requires minor changes accordance with the EU acquis commu- gro to the EU. to reflect EU regulations on the insti- nautaire, and the social partners have tutional side, i.e. Directives 2003/88/ participated in their drafting. Social dialogue, in a wider sense, inclu- EC and 2005/47/EC, involving such des all types of negotiations, consulta- issues as performance deadlines, The government, as a representative of tions and exchange of information bet- methods of application and certain the state, participates with unions and ween social partners, or between public norms and application deadlines. It is employers in social dialogue, and it parti- authorities’ representatives and social important to note that EU legislation cipates as a partner in the discussion de- partners, on issues of interest involving does not prevent national legislation veloped in economic and social councils. economic and social policy. from passing rules of a stricter kind or instituting special provisions. The government is an employer negotia- TRADE UNIONS • Some of this legislation contains a ting with the unions in the public sector Employees in the railway sector have narrower, some a wider framework, and concluding collective agreements. been organised in the following trade the wider context referring to Directi- unions: ves 2003/88/EC and 2005/47/EC. Social dialogue has great democratic • Trade Union of Railway Infra- in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in potential: through its development, a structure of Montenegro The European Social Dialogue European and the Social DialogueThe General Collective Agreements: a new part of the government‘s social power • Trade Union of Railway Trans- agreement came into effect in March is transferred to the institutions of civil portation of Montenegro 2014, agreed on a tripartite basis. It re- society. • Trade Union Montecar- presents the key foundation for social go, Montenegro dialogue. A General Collective Agree- In times of crisis social dialogue is a ma- • Trade union of Railway Rolling ment came first, and this has been fol- jor challenge to social partners – both Stock Maintenance lowed by individual collective agree- at company and state level. Montene- Trade unions in the railway sector have ments. gro has seen significant progress in this a total of about 1,200 members. area, although there is still considerable For a trade union to be accredited as The unions believe that this makes it room for improvement. The process of a representative, it must have at least possible to apply the principle of labour EU integration is expected to contribu- 20% of the total number of staff wor- solidarity, motivating employees to join te to the anticipated changes: in parti- king for a particular employer. the union which has provided certain cular, it is expected that the regulatory benefits for them through the collective framework governing social dialogue The main areas in which trade unions agreement. will develop in such way as to retain its operate in the railway sector relate to: basic foundation, while upgrading its • Restructuring (restructuring strategy, Employers believe that collective agree- general features. organisational changes, privatisation) ments are an exclusively voluntary mat- ter governing the interests of the two parties, the trade unions and the em- ployers, who are its signatories.

Social partners in Montenegro are: the Montenegro Federation of Trade Unions (SSCG), the Union of Free Trade Unions of Montenegro and the Union of Employers of Montenegro.

The Social Council has been founded on the achievements and values of the Eu- ropean society, where social dialogue is 44 the main tool for setting economic and social policies. • Collective agreements • Social partnership and social dialogue • Occupational safety • Living standards.

There are three trade unions within JSC MONTECARGO – Podgorica: • Trade union organisation of JSC MONTECARGO - 185 representative union members, • Trade union organisation of JSC MC employees - 32 members, • Trade union organisation of JSC MC engine drivers - 16 members.

JSC MONTECARGO has 243 employees. The representation of trade unions has been established in accordance with the Trade Union Representation Act (Official Gazette of Montenegro, edition 36/13). The representative MC union has met the general conditions pursuant to law, i.e. it is entered in the official register, is independent of of- Balkan Countries Western Sectorin the Railway in ficial bodies, employers and political Social Dialogue European and the Social DialogueThe parties, is financed by membership fees and special conditions, and its mem- bers include a minimum of 20% of the employees.

Social dialogue at MONTECARGO takes place at management and union level. As a result of social dialogue, we have a collective agreement between the ma- nagement and the representative uni- on. The collective agreement accords with the General Collective Agreement and complies with the specific require- ments of rail transport.

The social dialogue in the MC aims at

45 the following: coordination of collective 5. Railway Transport Union of Montene- negotiations, consultation, information gro (6 members); sharing, establishing trust, alignment 6. Trade Union of Driving Staff of Mon- of positions, conflict resolution and de- tenegro (1 member) - Dusko Srdano- velopment of democratic relations, all vic; as part of economic and social policy. 7. Engine Drivers Union (1 member); 8. Independent union (1 member). The Collective Agreement consists of an Meeting of the social partners of obligatory part, regulating relations be- In 2011 the ZPCG Passenger Transport Montenegro with the European social partners in Podgorica 2014 tween the signatories, and a normative Union and the United Union of the part, regulating the rights and duties of Engine Drivers of Montenegro signed employees and employers. a merger agreement, forming the Fed- level, employers’ associations and the eration of Railway Transport Unions government. The railway has no repre- Pursuant to employment law, it de- of Montenegro (213 members), which sentatives of its own. There is no spe- termines the rights, duties and lia- acquired the status of a representative cific tripartite dialogue for the railway bilities under which employment is trade union in the same year and was sector. Bipartite dialogue is operating commenced, working hours, holidays, entered on the Register of Represent- at the level of all companies in the rail- internships, training, strikes, the re- ative Trade Unions held at the Ministry way sector. The bipartite processes in sponsibilities of employees, termina- of Labour and Social Welfare. Accord- the railway sector include representa- tion of employment, retirement, and ing to the Trade Union Representation tives of trade unions and employers‘ protection of employees‘ rights. It also Act (Official Gazette of Montenegro, representatives. The process of social contains sections relating to earnings, edition 26/10) “it shall be a condition dialogue covers agreements, including increase in earnings, wages and salaries for determining the representative na- their development and amendment in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in and other employee income. Part of the ture of a trade union with an employer stages, contractual agreements, wages, The European Social Dialogue European and the Social DialogueThe Collective Agreement governs working that the union represent at least 20% working conditions, housing issues and conditions and occupational safety. of the total number of employees con- other questions. Part of the Collective Agreement sets cerned.“ out the rights and duties of the parties Collective agreements exist in every and governs dispute resolution. Restructuring and optimising the num- company in the railway sector. Collective ber of employees in the period from agreements have been signed by the fol- The representative union has been a 2009 to 2013 represented a special lowing: trade union of railway infrastruc- member of the Standing Conference of challenge for the trade unions. The re- ture, railway transportation, Montecargo European Railway Unions since 2012. structuring of ZPCG through separation and railway rolling stock maintenance. and formation of two new joint stock The main elements covered by collecti- Social dialogue with the employer at companies, „Montecargo“ - Podgorica ve agreements are: vacations and leave, JSC Montecargo is without problems; in 2009 „Maintenance of Railway Rolling relations at work, wages and salaries, issues in dispute are resolved by agree- Stock“ Podgorica in 2010, required a re- occupational health and safety, working ment through dialogue, and as a result duction in the number of employees in conditions for trade unions, protection a number of annexes have been adop- the parent company, which was reflec- of workers‘ rights, etc. ted into the Collective Agreement. ted in a significant reduction in union membership. Until now the results of social dialogue Railway Transport of Montenegro At the national level the Federation of have been constrained by the limited JSC – Podgorica Railway Transport Unions of Montene- material and financial capacities of a gro is a member of the Federation of company. The employees in ZPCG are organised Trade Unions of Montenegro, and at the in eight trade unions as follows: supranational level of the ETF (Europe- Social dialogue in the ZPCG 1. ZPCG Passenger Transport Union an Transport Workers‘ Federation). The legal basis for social dialogue in (183 members) - President Svetozar Montenegro is the Labour Act, the So- Stanovic; SOCIAL DIALOGUE cial Council Act and the Trade Union 2. United Union of the Engine Drivers Representation Act. The General Collec- of Montenegro (30 members) - Presi- The legal basis for the dialogue is pro- tive Agreement dated 20 March 2014 is dent Zoran Maras; vided by the Constitution of Monte- the result of tripartite social dialogue 3. Engine Drivers’ Transport Union of negro, Labour Act, and the General between the Ministry of Labour and Montenegro (28 members) - Presi- Collective Agreement. At national level Social Welfare, representative trade dent Milan Vukovic; there is a social dialogue and a Social unions at national level (Federation of 46 4. Trade Union of ZPCG Technicians (11 Council, consisting of representatives Trade Unions of Montenegro and the members) - President Goran Malovic; of trade union headquarters at state Union of Free Trade Unions of Monte- negro) and representative employers‘ on the status of employees; trends Expectations from EU accession associations, i.e. the Union of Employers and change in earnings policy of Montenegro. • Time and method of wage payment The impetus to EU enlargement, i.e. • Organisation of working hours, night confidence in a country is strengthened Social dialogue at the level of the ZPCG work and overtime by acquiring membership; the country takes place between management and • Measures to improve working condi- becomes safer for investment and eco- trade unions. There are no works coun- tions, health and safety at work, and nomic growth; there is a stronger rule cils. The Collective Agreement for the other issues for the material and soci- of law, and democracy is strengthened. ZPCG was concluded, following biparti- al status of employees The EU is the world‘s largest trader and te negotiations, on 27 December 2013 • Protection of the rights of employees is a large market, benefitting small between the President of the Board of made redundant by technological economies through economic integra- Directors and the President of the Fe- and economic change and by re- tion, and it provides a framework in deration of Railway Transport Unions of structuring which a country can develop, the rule Balkan Countries Western Sectorin the Railway in Montenegro. Normally the ZPCG allows • Amicable resolution of labour disputes of law be strengthened, strong insti- Social Dialogue European and the Social DialogueThe the union to start initiatives, submit re- tutions created and the business envi- quests, make proposals, take positions, Railway Infrastructure of Montene- ronment tailored to the development and actively represent the rights of em- gro JSC– Podgorica of strategic partnerships. The Union ployees. symbolises stability, security, economic There are 840 employees in the ZICG. prosperity and common values for all The Collective Agreement traditionally European nations. Ultimately, integra- covers all basic areas of work and ma- The main focus of trade union activity tion into European structures will be- nagement: is as follows: come a key factor for increasing growth • Employment and prosperity and raising living stand- • Rights and duties of employees and social dialogue, negotiations and col- ards in a country. employers lective agreements, organising holidays • Working hours for workers, collaboration with the em- Given that the European Parliament • Holiday and leave ployer to improve living conditions and has regarded social dialogue as a key • Education and specialised training of resolve housing issues, and purchase element in the tradition of member employees of primary foodstuffs under favourable states, and that it has always support- • Earnings, increase in earnings, wages conditions. ed development of social dialogue, we and salaries, and other income of em- have considerable expectations in this ployees The union‘s legal basis, on which so- area, too. This would give a key role to • Protection of employees‘ rights cial dialogue in the ZICG is based, are social partners and show that crises are • Working conditions and working en- the Constitution of Montenegro, the overcome most successfully achieved vironment Labour Act and the General Collective in those member states where social • Health and safety at work Agreement. partnership is the strongest. Therefore • Cooperation between trade unions we expect that the importance of so- and management As a result of social dialogue we have cial dialogue will be raised, and that signed the Collective Agreement. The future reforms to the labour market The main focus of the trade union work, main elements covered by collective will be based on a strengthened co- and the key issues in social dialogue, agreements are: holidays and leave, ordination of social dialogue, as is the are as follows: working relations, wages and salaries, case in the EU. • Collective negotiations and collective occupational health and safety, wor- agreements king conditions for trade unions, pro- • Development plans and their impact tection of workers‘ rights, etc. 47 REPUBLIC OF SERBIA

The railway sector in Serbia

The importance of the railways in the traffic system and their share in the market According to strategic documents, the railways are very important in the traf- fic system of the Republic of Serbia, although their share in the transport market is still not satisfactory. Concre- tely, during 2012 the railway accounted for 21.5 % of the total number of pas- sengers carried by public transport, and 42.3% of the total number of goods. During 2013, though the volume of pas- sengers and goods carried by railway increased, the share of railway traffic was not substantially changed. If we in- clude the transport of passengers when analysing the market share of railway traffic as well as the transport of goods for personal needs, the actual share of the railways would be considerably less in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in than the figures above. The European Social Dialogue European and the Social DialogueThe

Over 18 million passengers were carried by rail during 2013, which is almost 9% more compared with the previous year, and over 8% more than planned, while around 10.5 million tons of goods were carried by rail freight. Total output over 2013 was 3.8 billion RTKM, up 9.5 % on 2012, and for almost 6% higher than the planned volume.

The railway infrastructure vehicle weight per axle is 22.5 tons; maximum speeds to the level fore- The rail network of the Republic of the average age of the railway lines seen by the project; unsatisfactory Serbia is more than a century old, and is about 42 years; the average age of technical condition of lines and sta- over 55% of all railway lines were built the majority of electrical installations tion tracks, resulting in lower level of in 19th century. The following table is between 30 and 40 years; on 64% of service quality, reflected in a growing illustrates the rail network of Serbian line the highest permitted speed is lo- difference between the real average Railways JSC (joint stock company), ac- wer than 60 kph, and it is higher than and projected average speed; no up- cording to usage: 100 kph only on 3%. grade of electro-technical capacities on lines, impacting directly to the The total length of all railway lines (gau- Due to the lack of significant invest- availability and reliability of these ge of 1.435 mm) is 3,808.7 km. There is ment in the maintenance of infra- capacities. also a museum and tourist railway line structural capacity, the year 2013 was „Šarganska Osmica“ (gauge of 760 mm), marked by the following: the need to Reduction of maximum speed to which is 21.7 km long. introduce light rides, primarily due to around 181 km on the total length of the poor technical condition of ele- main line is planned for 2014, of which Railway Categorisation Regulations ments in overhead lines and track, 50 % is related to the planned reduction divided lines into main, regional, local measures aiming in all cases a traffic in the highest permitted speeds in the and manipulative lines. Of the Serbian safety; lack of necessary renovation direction of the Corridor X. Railways JSC network, 283 km of line to railways lines and consequent are two-track; 1,279 km are electrified; absence of improvement in the per- Important projects are planned, 48 on 44% of the network the maximum formance of the tracks for raising aimed at the development of railway in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

The organisation of the railway sector Serbian Railways JSC trades as a cor- poration sole and integrated company, whose founder is the Republic of Ser- bia. The shareholders are the Repub- lic of Serbia (98.96%) and the Fund for Development of the Republic of Serbia (1.04 %). At the end of 2013 there were 18,047 employees in Serbian Railways JSC. infrastructure, primarily for modernis- tion of a bridge over Velika Morava), The existing organisational structure ing Corridor X. Among the railway-in- plus renovation of other railway lines and integrated enterprise respectively frastructure modernisation projects along Corridor X, the Belgrade Central have two directorates: the Directorate in the forthcoming period are the Railway Station project, construction for Infrastructure and the Directorate reconstruction and modernisation of and electrification of other track on for Transport. the Niš – Dimitrovgrad line, the re- the Belgrade Centre - Pančevo main construction and modernisation of line, a project for construction of the The organisational structure of Serbian the Belgrade – Niš line (sections Gilje „Bridge of Žeželj“ over the Danube in Railways JSC can be seen in the follo- - Ćuprija – Paraćin, with the construc- Novi Sad, etc. wing diagram on page 50. 49 in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

Measures are underway that would traffic from Western and Central Europe Plans by the Government to speed up the opening of the railway to Turkey and Greece, and vice versa. reform the railway sector in market to competition and access to the coming years railway infrastructure. International passenger transport is To introduce and improve corporative currently dominated by the airline (i.e. administration, under a Decision of the The total market for transport services between Belgrade and Vienna there are Serbian Government, the legal form of in the Republic of Serbia represents 6 to 7 flights daily, and there is no direct Serbian Railways was changed from a pu- one of the most liberalised segments railway line between these two cities). blic corporation to a joint stock company, of the economy. There is absolute the basic capital of the public corporation competition, both in types of traffic Measures are underway that would pro- being converted to equity capital. (road, railway, water, air), and among vide the access to railway infrastructure an enormous number of private for all railway operators fulfilling pre- Serbian Railways JSC, in its capacity as enterprises, transport operators and scribed conditions. the controlling company, will found two specialised freight forwarders wor- dependent companies in the course of king in the market, so that numerous International cross-border traffic 2014 - „Infrastructure of Serbian Rail- offers are available and competition Serbian Railways JSC provides carriage ways“ Ltd, Belgrade and „Serbia Train“ supplied for all distances and for all to other countries, as do other railway Ltd Belgrade, forming a Serbian Railways types of freight, facilities which are authorities in our network, but in com- Group together with other dependent thoroughly utilised by goods owners. pliance with regulations harmonised companies already founded. For example, Serbian Railways JSC has and adopted to date. Under current traf- contracts with more than 60 internati- fic arrangements, Serbian Railways JSC The Serbian Railways JSC controlling onal freight forwarders and transport locomotives take trains to the border company will address matters of strate- operators for international traffic (im- station of Tabanovci in FYR Macedonia gic importance for the Republic of Serbia port, export and transit). and to the border station of Bijelo Polje and sponsor the development of railway in Montenegro, while locomotives of na- capacity and services by realising the Transport of goods by rail, because tional and private operators from other projects to improve railway capacity and other types of transport are excluded, countries travel to border stations with services in future; thus the controlling 50 is also subject to key competition by Croatia, Hungary, Romania and Bulgaria company would contribute to the im- railway corridors, especially for transit in the territory of the Republic of Serbia. proved competition over the entire Ser- bian Railways JSC Group system. sults, as needed for future business. of the Serbian economy (transport of cars and car parts, oil derivatives, coal, „Infrastructure of Serbian Railways“ Ltd, One of the largest impacts of restructu- grain, steel, etc.). Positive macroecono- Belgrade, in its capacity as administrator ring was the rationalisation of the work mic trends (growth of GDP, industrial of public railway infrastructure, will have force. The number of employees was production, foreign exchange, exports inter alia the goal of realising as much reduced by 44%, from 32,832 (on 31 and imports, etc.) were also recorded additional revenue from the sale of rail- December 2000) to 18,356 (31 Decem- in the previous year in the Republic of way-infrastructure usage services from ber 2012), through welfare schemes. Serbia, which impacted on the business the companies within the Group as from of Serbian Railways JSC. the users outside of the Group, along Measures to privatise dependent com- with an improvement to the technical panies have been also launched; three The Serbian Budget Act of 2014 has set reliability of infrastructure on railway have been sold, while founding rights subsidies for the railways at RSD 12.6 lines, improvement to technological for five of them have been transferred billion, so that the most important sour- availability of capacities on railway lines, from Serbian Railways JSC to the Gover- ces of finance for current operations in and improvement to safety of train traf- nment of Serbia, and their status will be 2014 will be their own revenues (about fic on the public railway infrastructure of resolved in agreement with the compe- 51%) and subsidies from the state. The all railway lines and at all nodes. tent ministries. percentage share of this subsidy in GDP was significantly reduced in the previ- „Serbia train“ Ltd, Belgrade will be the The economic situation in which ous period, so that the railways are in a company operating in the market for the company operates complex economic position, which will transport of goods and passengers The world economic crisis impacted require additional measures to realise (internal, regional, suburban and ur- negatively on the Serbian economy, in- potential transport revenues. ban public transport and international cluding the railway sector. Although the transport), by realising the revenue financial position of Serbian Railways Serbian Railways JSC will operate at a loss Balkan Countries Western Sectorin the Railway in from the sale of passenger-transport JSC is still not satisfactory, the main in 2014, but the loss will be primarily ge- Social Dialogue European and the Social DialogueThe and goods-transport. The Act which business indicators for 2013 suggest nerated expense items (amortisation and will separate the passenger-transport positive trends compared with 2012, negative exchange rate differences). Loss and goods-transport companies is ex- both for operations (increase in total can be covered once the causes of unpro- pected to be passed by the end of 2014. operation by 9.5%, increase of opera- fitable business have been resolved, the tion expressed in passenger kilometres most important being lack of adequate The social partners and the by over 11%, for net ton kilometres over compensation for OJP funding; inade- structure of social dialogue 9%) and for the financial situation (loss quate level of transport revenues due to more than halved, increase of total rev- the persisting effects of the global econo- Employers enues by 5% and cost savings of around mic crisis; insufficient funds to cover costs 11%). Business results in 2013 are also of infrastructure (subsidy can cover 75% Serbian Railways JSC is a corporation better than target (volume of opera- of total expenditure by the Directorate sole and legal entity, and at the same tion is larger than planned by 5.9%, 8% for Infrastructure); considerable financial time is the sole „railway employer. more passengers and almost 7% more costs, viz. negative exchange rate diffe- goods were carried in comparison to rences, the exchange rate for the Euro Current processes of restructuring target; and losses, generated primari- having been planned at a higher rate The process of restructuring the railways ly by expense items, are some 8% less compared with the actual rate at the end began in March 2002 with a decision of than scheduled). of 2013, while the railways were running the Government of the Republic of Serbia high levels of debt, etc. to found a public company for adminis- The reduction in the regular subsidy tering the public railway infrastructure in 2013 significantly reduced trans- Company goals and for operating railway traffic. This De- port-based revenue growth, and aus- Primary goals of Serbian Railways JSC cision formed the basis for later Decisions terity measures adversely affected the in 2014: on division of responsibilities, founding company‘s financial operations, against Operational goals: two executives (for infrastructure and a background of continuous and cu- • Increase in output by 4.1%, transport), and on division of property mulative increase to price input for rail- • Increase in staff productivity (RTKM between those two directorates. The way services (the last price increase for per employee) by 5 %, company operates as one legal entity and freight traffic came in the first quarter • Improving the quality of infrastruc- as such it submits annual reports to com- of 2008, and for passenger traffic in the ture, raising and transport capacity, petent state institutions. Non-revised and first quarter of 2010). At the same time and developing resources through internal balances of success are made by in 2013 the railways, by deploying their capital investment. these Directorates pursuant to the above resources, both manpower and assets, Financial goals: 51 Decisions, following an overview of re- significantly contributed to vital parts • Rationalisation of expenses and re- duction of operating expenses by 1 Measures to improve the qualifications ted, there are unions in which some RTKM up to 4%, and age structure of employees will be 30% of the total number of employees • Working towards the principle of continued in the forthcoming period, (Union of Railway Workers of Serbia) are market economics, i.e. commercial such measures to be harmonised with members, and unions which have only management of business operations the real needs of newly formed compa- several members. through appropriate pricing policy, nies in the Serbian Railways Group. and establishment of contractual Such a large number of unions in the relations with the state (local self-ad- Companies participating in collective company, and at national level, is a ministration), in order to provide ade- wage and salary negotiations consequence of legislation governing quate financing for non-profitable Serbian Railways JSC, as integrated le- unions, which determines clear cri- services and adequate financing of gal entity, participates in collective ne- teria for establishing unions and for infrastructure. gotiations as the employer. The compa- their work. This favours the existence ny is member of the CER. of a smaller number of unions, which The goal of Serbian Railways JSC in the would make them stronger. Each union future is to grow into a modern, safe, Unions in Serbian Railways JSC operates inde- market-oriented and profitable railway, pendently; however in certain situa- with motivated staff; to be the natio- Twenty eight unions were established in tions, and regarding certain questions nal market leader in quality and mass the Serbian Railways JSC: Railway Wor- of common interest, some unions team transport of passengers and goods; and kers Union of Serbia, Union of Executive up and act together when dealing with to become a major and integral part in Services of Serbian Railways, Union of the Government and the employer. the European rail freight-traffic network, Workers of Railway Infrastructure of Ser- reflecting the geostrategic position of bia, Joint Unions of Serbian Railways, In- Representation rules Serbia and the relative role of Railway dependent Union of Railway Workers of Employment legislation regulates the in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in Corridor X, which passes through Serbia. Serbia, Independent Union of Locomoti- conditions governing union represen- The European Social Dialogue European and the Social DialogueThe ve Drivers of Serbia, Union of Operational tation. Under this legislation a union is Number of employees and Services ZTP Belgrade, Union of Professi- considered representative in the follo- trends in employment onal Services of Serbian Railways, Regi- wing cases: At the end of 2013 there were 18,047 onal - Branch Union of Serbian Railways, 1) if it is founded and operates on the employees in Serbian Railways JSC, Railway Union, Union of Infrastructure of principles of free union organisation while it is estimated that there will be Serbian Railways, Serbian Union of Rail- and action; 17,940 employees at the end of 2014. way Workers 1884, Union of Journalists 2) if it is independent of state institu- The number of employees at the end of of Serbia - Union of Journalists of Serbian tions and employers; 2014 was planned in accordance with Railways, Union „Transport of Passengers“ 3) if it is financed mostly from mem- the Fiscal Strategy of the Republic of of Serbian Railways, Union of Workers bership fees and from other sources Serbia, so that the number of emplo- in Transport of Goods, Union „Indepen- of its own; yees should be equal to the number of dence“ - Railway Traffic of Serbia, ASNS 4) if it has the requisite number of employees at the beginning of the year Branch Union of Employees in Railway members, as evidenced by applica- minus the number of persons who will Traffic, Union of Disabled Railway Workers tion forms, pursuant to employment be retired during 2014. of Serbia, United Independent Branch law; Union of Serbian Railways, Union of Lo- 5) if it is registered in the stipulated The number of employees over the fol- comotive Drivers, Independent Union of way in accordance with the Law and lowing years will depend on several fac- Railway Workers of Vojvodina, Union Or- with other regulations. tors, but primarily on the policy of the ganisation „Railway Union - May 1st,“ Uni- The condition relating to the number Government of the Republic of Serbia. on of Joint Railway Workers, Independent of members on the basis of application Union of Vojvodina Locomotive Drivers, forms (Item 4) of previous paragraph) Main goals in development Union of Locomotive Drivers „Solidarity“ varies depending on the level at which of human resource Užice, Serbia Cargo Union of Railway Wor- union is founded: As of 31 December 2013 the staff struc- kers, Union „Harmony“ Railways Reborn, ture of Serbian Railways JSC was as fol- and Union of Railway Workers of Serbia. The Employer considers the union lows: the majority of employees (42.4%) as representative if: were of secondary-education standard, Of the total number of employees in • it is a union in which at least 15% of while 12.2% had graduated from higher Serbian Railways JSC, some 85 % of employees from the total number of education; the average age of emplo- them are members of unions. The num- employer‘s staff are members; yees was approximately 47.5 years, and ber of union members is different for • it is a union in a branch, group, sub- the largest number of employees (some each union. Given that the union scene group or business in which at least 15% 52 46%) had 26-35 years of service. in Serbian Railways JSC is very fragmen- of the employer‘s staff are members. • A representative union for the territory HOW DOES SOCIAL level and it has its representatives on the of the Republic of Serbia, or for units DIALOGUE WORK? Social and Economic Council. of regional autonomy or local govern- ment, in a branch, group, subgroup, or The legal basis for social dialogue Trilateral dialogue in the business, is a union which, in addition and industrial relations railway sector to the conditions in the first paragraph Social dialogue in Serbia does not have Since Serbian Railways JSC altered its of this section, can also show that at a very long history. Social and econo- legal form from the public company to least 10% of employees in the branch, mic reform in Serbia have enabled the a joint stock company, social dialogue group, subgroup or business, or in the development of social dialogue to take is conducted by the Serbian Railways territory of a certain regional unit, are place. Employment law, legislation set- JSC on a bipartite basis. Social dialogue members of that union. ting up the Economic and Social Coun- takes place between the employer and cil, and legislation on the peaceful re- representative unions in the employer‘s Representative unions solution of industrial disputes form the company, and all in accordance with The representative unions in Serbian Rail- legal basis of social dialogue in Serbia. employment law. ways JSC are: the Union of Railway Wor- kers of Serbia, the Union of Executive Ser- Trilateral social dialogue at Bilateral social dialogue in vices of Serbian Railways and the Union of the national level the railway sector Workers of Railway Infrastructure of Serbia. Trilateral social dialogue at the na- Social dialogue in the railway sector was tional level has been established by established at the level of the company. The Union of Railway Workers of Serbia the Social and Economic Council Act is a member of the Alliance of Indepen- (passed 2004). The Social and Economic Talks and negotiations with union orga- dent Unions of Serbia (the union which Council of the Republic of Serbia is an nisations take place the level of the com- is representative at the national level independent institution, comprising pany (Serbian Railways JSC) and a dual as the largest union - around 600,000 representatives of the Government of social dialogue is undertaken; parties Balkan Countries Western Sectorin the Railway in members), of the International Trans- the Republic of Serbia, representatives included are authorised representatives Social Dialogue European and the Social DialogueThe port Workers‘ Federation, and of the Eu- of employers‘ associations and repre- of Serbian Railways JSC and the unions ropean Transport Workers‘ Federation. sentatives of unions. The Social and founded in the employer‘s company. Economic Council‘s primary responsi- The Railway Union is a member of Eu- bility is to deliberate on various issues: The process of social dialogue ropean Transport Workers‘ Federation. on the development and improvement The form of communication, viz. social of collective negotiation, on econom- dialogue between the employer and Main focus of the work of unions ic policy and its related measures, on unions, was more precisely organised Their main focus is on improving the employment policy, on prices and by employment legislation and under material and social position of emplo- earnings policy, on competition, pro- the terms of the collective agreement. yees. ductivity and privatisation. The Social Besides the topics already mentioned, • Setting earnings policy, and Economic Council deliberates on social dialogue is conducted in prac- • Providing better conditions for work draft legislation and on other proposed tice in a variety of ways, from informal for employees and applying the law regulations impacting on the economic conversations, to official meetings and on safety and health at work; and social status of employees and em- agreements on various issues. The way • Setting transport policy at national ployers, its opinions being then submit- in which communication between the and company level; ted to the competent ministry, which employer and union is organised de- • Informing employees about the acti- must inform the Council of its response pends the subject of dialogue. Dialogue vities of the employer and about all within 30 days from the date when the between the management of Serbian other issues important to the life and opinion was delivered. Should the Min- Railways JSC and the unions is a dy- work of employees; istry not accept the opinion, the Social namic and changing process, which is • Monitoring and applying collective and Economic Council can deliver the continuously improved and expanded. agreements; opinion to the Government. • Participation in the process of re- Serbian Railways JSC are not included in One Collective agreement was signed structuring of the company; trilateral social dialogue. with Serbian Railways JSC. • Improving conditions for the work of The collective agreement for the com- unions. However, the Union of Railway Workers of pany was signed by the employer and Serbia, in which around 30% of the em- representative unions, the main text of ployees of Serbian Railways JSC are mem- the Collective agreement having been bers, is a member of the Alliance of Inde- signed in 2002 by the Union of Railway pendent Unions of Serbia, which is one of Workers of Serbia and by the Indepen- the two representative unions at national dent Union of Railway Workers of Ser- 53 Social partners meeting in Belgrade 2014

The demands of each side in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The employer‘s basic demand is to cre- The European Social Dialogue European and the Social DialogueThe ate stable conditions of business for the company and to establish a financial bia, which at the time of the signing a pledge of its consistent application. balance, such also being necessary to were only representative unions in „Ser- Consequently the primary task of the meet the basic demand of the unions, bian Railways.“ employer and unions is the preserva- viz. improving the status of employees tion and improvement of the material in every aspect. The basic goal of both Since 2002 a number of annexes to the and social status of employees. parties is to create general consent collective agreement have been signed on all issues of key importance for the with unions that were representative The future for social company to operate and develop in unions at that time. dialogue in Serbia: market conditions.

The collective agreement covers vari- From the companies‘ point of view Expectations of EU accession ous areas, including commencement Social dialogue must first resolve a se- for the railway sector of employment, education and profes- ries of social issues, in order to avoid sional training and development, rede- social unrest, viz. the maintenance of Serbian Railways JSC considers that ployment to other jobs, working hours, stability in the railway system in the the European integration processes holidays and leave, protection at work, process of transition. will inter alia enable our railways to wages, salaries and other employee be- participate more in the European rail- nefits, indemnities, conditions for uni- From the unions‘ point of view way market, and produce a number of on work, provisions governing strikes, Social dialogue must be a compulsory positive effects, through administrative surplus employees, and the resolution and continuous activity, aiming to pre- and technological standardisation, or of disputes during application of the serve and improve the material and so- through compliance with European collective agreement. cial status of employees. standards. • Further development of social dialo- Results of social dialogue so far gue by applying the standard of de- The expected effect for Key results of social dialogue so far veloped countries; • The railway sector relate to the preservation and impro- • Greater participation by representa- Integration processes, which should vement of the material and social status tive unions in policy creation, covering create conditions for increasing partic- of employees. employment, social policy, pensions ipation by Serbian Railways JSC in the and health insurance, and all other ar- European rail market include increased The greatest achievement of social dia- eas important to employees, through modernisation of railway infrastruc- 54 logue has been the signing and appli- the active work of the Social and Eco- ture and transport capacity, in order cation of the collective agreement and nomic Council. to ensure equal participation by the national railway company in the trans- port market. Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

• The railway companies services, therefore eliminating the need dernisation of railway capacity and impro- In order to accelerate the integration for downsizing through the increased vement of the economic position, should processes, Serbian Railways JSC has volume of work. also result in improved working conditions undertaken a number of measures to and a better status for employees. restructure the company, and thorough A further positive impact on the coun- implementation of the proposed organi- tries of Southeast Europe and the Wes- • Social dimension sational solutions is expected to follow. tern Balkans through further develop- European integration processes must Serbian Railways JSC intends to create ment of social dialogue, especially in: be implemented, while the prior con- a modern, secure, market-oriented and • Strengthening social dialogue as the ditions are fulfilled in employment, profitable railway system through in- best mechanism for building and union and social, so that large num- tegration and restructuring. The goal, achieving social consensus, for de- ber of pressing issues, primarily social and therefore the expectations of Ser- veloping democratic relations and in character, can be resolved through bian Railways JSC, is to become a nati- reducing tensions and conflicts bet- social dialogue, the main focus remai- onal market leader in quality and mass ween social partners by establishing ning on preserving and improving transport of passengers and goods and a social peace. the material and social status of em- major and integral part of the European • Promoting social dialogue as an essen- ployees. Thus Serbian Railways JSC rail freight transport, in line with Serbia‘s tial, constitutive element and pillar of expects social dialogue to provide a geostrategic position. modern democracy, showing its par- general consensus on the pace and ticipants that, if they are only guided direction of the transition process, • The Unions by goodwill, mutual understanding thus avoiding social discontent. Social Unions expect joining the Europe- and constructive behaviour, they can dialogue must offer the stability and an Union to create the conditions for promote and spread a spirit of mutual solid support which Serbian society greater inflow of investment, primarily respect and a culture of tolerance; and Serbian Railways JSC both need grants in the railway sector, which will • Offering full support to Serbia, as in a period of continuing reform and improve the position of Serbian rail- candidate for EU membership, in transition. ways in the transport market, an im- strengthening the legal and national provement in the economic position of framework needed to establish a real Serbian Railways JSC expects social di- Serbian Railways JSC being a basic pre- social dialogue of high quality. alogue, during the integration process, requisite for improvement in the mate- to establish complete trust between rial and social status of its employees, • Conditions of work and staff the participants by defining common but also to increase the demand for rail Integration processes, along with the mo- the interests of all. 55 Appendix

Joint Recomandations for a better representation and integration of women in the railway sector in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

56 Joint Recomandations for a better representation and integration of women in the railway sector in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

57 Joint Recomandations for a better representation and integration of women in the railway sector in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

58 WIR - Women in Railway

in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

WIR – Women In Railway Good Practices and Implementation Guide

Vienna 2012

With the support of the European Union

59 WIR - Women in Railway

WIR – Women In Railway 1

Recruiting

“Do’s” …:

 Communicate that technology replaces physical power The argument of physical strength for many jobs in the railway sector is antiquated, technical progress has abolished the “physical character” of many typical “rail” jobs.

 Make women visible / present positive role models Simple, but most basic initial message women should get: You belong in this job! / You do not have to pretend to be a man to do this job! Good visuals (i. e. showing women on the web site, in films, in advertisements, etc.) are the fastest way to convey the message and vault prospective female applicants over the first hurdle – the automatic perception that a company’s jobs are reserved for men.

 Actively seek contact to potential female candidates e. g. via co-operations with girl´s / women’s associations, at job fairs, etc.

 Prefer women when qualifications are equal This applies to vocations that are male-dominated, provided that such “positive in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in discrimination” is legal in your country.

The European Social Dialogue European and the Social DialogueThe  Try to admit at least 2 girls / women This refers to male dominated vocations / departments in general and to apprenticeships in such areas in particular. When there are (as often happens) only very few applications from girls or women, invite all female applicants.

 Empower women and support lobby work Make sure that there are other women to refer to (e. g. female instructors in technical fields, female colleagues)

 Encourage girls to do attend non-traditional (technical) formation E. g. establish contacts and co-operations with schools, etc.

 Put the topic “recruiting more women” on the social dialogue’s agenda Discuss the issue of recruiting women (in all professions) in the social dialogue and review the collective agreements

… and “Don’t’s”:

X Expect that one single change / measure will attract women Within recruiting but also on the whole, it always is the set of measures / the overall corporate philosophy and strategy that makes a workplace attractive to women or not.

X Tap the usual recruitment channels and methods Recruitment policy has to be reviewed with respect to where and how to reach and attract the target group best (e.g. wordings and visibles that appeal to men do not necessarily attract women in the same way).

X Expect that the premier employment of a girl / woman is not a topic in your team Prepare and discuss the employment of the first girl / woman with your team. By not talking about it and by not taking stereotypes and prejudices seriously you risk a worsening working climate and gossip.

With the support of the European Union

60 WIR - Women in Railway

Reconciliation of work and private life

“Do’s” …:  Reconciliation is a task of the company Especially in railway companies, where shift work and spatial mobility complicate reconciliation, a framework of assistance respectively structures that facilitate the issue (to be applied on-site) shall be provided.  Involve all employees in reconciliation measures To raise acceptance and avoid different classes of employees, men and women as well as staff without caring obligations should be included into reconciliation measures, where appropriate, and e. g. have the possibility to take a leave (for further education, etc.).  Involve the whole team in planning work When e. g. planning shifts the whole team on-site shall be involved so that corporate requirements and individual employee’s desires can be met best. It is also important that reliable work schedules are made a certain period of time in advance.  Allow reduction / flexibility of working time when wished-for in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in This refers to both, men and women; with caring responsibilities and without – where The European Social Dialogue European and the Social DialogueThe possible under consideration of the specificities of the different jobs in the railway sector. Show that flexible time arrangements have advantages for all parties involved.  Plan leaves (exit and re-entry) and keep close contact Think of employees on leaves as part of the team and keep them informed on all important issues, invite them to events, offer them to take over holiday replacements, etc.  Support the concept of work-life balance in the social dialogue Discuss the issue of reconciliation and work-life balance in the social dialogue and review the collective agreements

… and “Don’ts”: X Offer part-time only for low skilled workers / under precarious conditions Part-time is mostly offered in low skilled areas or in low hierarchical levels. Moreover, many flexible jobs (in part-time, with fix term contracts) that are offered in the emerging sectors / companies of transport (e. g. supply chains / logistics companies; which offer least job guarantee) are also precarious while the relatively secure work remains full- time and male-dominated. Part-time shall be possible in all hierarchical levels and for all types of occupations. X Think of care as an issue for parents of young children only In fact, also adolescents aged 12 to 16 years need their parents. Moreover, besides child care there also is the need to care for elderly persons and such care leaves are even more difficult to plan (as they happen suddenly, the time-period is not predictable, and in general the employee is older than after birth of a child upon return).

61 WIR - Women in Railway

WIR – Women In Railway 3

Career and Equal Pay

“Do’s” …:  Set quantitative targets and monitor them To foster women’s careers, strong backing from the top management is a crucial element, e. g. via the setting and controlling of quantitative targets with view to women in management positions.  Be open with employee classification, goals and career paths Classify and evaluate qualifications and also define career paths along with the requirements for advancement. Tap internal sources (re-orientation, promotion) to fill management positions with qualified women.  Offer mentoring programmes and support networking activities An active mentoring programme is crucial, especially for women in a male-dominated field. Also enable the establishment and maintenance of networks for women (keeping in mind the possibly different approaches of men and women towards networking).  Plan “inclusive” training in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in Training has to be planed and tailored so that men and women can benefit from it. Make The European Social Dialogue European and the Social DialogueThe sure that content, trainers and timing also appeals to women and define which career progress can be made after having attended certain training.  Actively invite women Address and motivate women explicitly:  to attend training;  to apply for occupations in an higher hierarchical level.  Apply transparency against gender pay gap Transparency plays a key role in tackling the gender pay gap. Common and strict remuneration systems which determine specific positions to defined levels of pay are essential. Nevertheless, the gender pay gap is still related to fringe benefits or specific contracts. Thus, criteria which lead to benefits are to be defined and communicated.  Put career development and equal pay on the social dialogue’s agenda Discuss the issue of career development and equal pay in the social dialogue and review the collective agreements … and “Don’ts”: X Have the illusion that “everything works out” There is no “invisible hand” that ensures that the best employees advance in their career. By trend, there are e. g. different attitudes to leadership by men and these have to be accounted for. X Think that good leadership is subject to availability “around the clock” Leadership is rather a matter of organisation than of being available all the time, thus leadership in part-time is possible. Studies show that there are men as well as women in management positions who had career breaks. X Expect that individual negotiations lead to fair pay Rather, because of individual negotiations inequality rises and those who market themselves best earn more.

With the support of the European Union

62 WIR - Women in Railway

Overall Equality Policy

“Do’s” …:  Gender equality is a management task A top-down strategy has to be developed, implemented and controlled for. Such a gender equality strategy should be part of the overall corporate strategy and binding for the management.  Set targets and monitor them Create responsibilities on the different management levels and set standard procedures for monitoring and reporting.  Communicate and support gender equality (internally and in external relations) Involve the whole company, as stereotypes that hinder equality may occur on any hierarchical level and in different situations (at work or in advertisements for the company).  Continuously work on a change in culture Such a work culture is the basis for every day work in the company, it does not come by Balkan Countries Western Sectorin the Railway in

itself but has to be developed. Social Dialogue European and the Social DialogueThe

… and “Don’t’s”: X Simply think of equal opportunities as of equal treatment When men and women at work are treated equally (and often in a way that traditionally serves male behavioural patterns) that does not mean that both have equal opportunities to develop their real potential (to apply their talents and serve the company purpose best). X Expect that an equality / diversity strategy is sufficient This is just the starting point for implementation, controlling and re-thinking of the process. Achieving gender equality is a long-term process that actively needs to be supported, made conscious and visible. X Expect that all instruments / measures applied turn out to be useful This is a (non-linear) learning process and often adaptations become necessary in order to achieve the targets.

63 joint recommendations Employability in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

64 joint recommendations Employability in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

65 joint recommendations Security

Promoting security and the feeling of security vis-à-vis third-party violence in the European railway sector

in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in Recommendations of the European railway The European Social Dialogue European and the Social DialogueThe sector social partners

1. BACKGROUND OF THE RECOMMENDATIONS AND INTENTIONS OF THE SOCIAL PARTNERS

The security of railway employees and passengers is provider due to delays and cancellation of trains and of essential importance for the European social part- other consequences. The duty to protect the health ners and their affi liated companies and trade unions. and safety of employees while at work lies with Although rail passenger transport is basically safe, employers under both EU and national legislations.2 the social partners are very concerned in particular But employees also shall behave as far as possible about third-party violence against employees in rail in such a way that their own health and safety is passenger transport. We defi ne third-party violence not impaired. The European social partners aim at a as „Incidents where staff are insulted, threatened cooperative corporate culture for taking measures to or assaulted in circumstances related to their work, prevent violence and to deal with the consequences involving an explicit or implicit challenge to their caused by third-party violence, especially against safety, well-being and health“1 . Incidents of third- railway company employees. The European social party violence have a physical, social and economic partners emphasise, that a joint approach promises impact for the employees and the social partners. to be the most successful. These might be physical injuries, mental distress, fear and the feeling of insecurity, absenteeism and avoidance behaviour, lost working days and sick leave, termination of the job, disability pensions for the employees, a negative image of the service

1 European Agency for Safety and Health at Work (OSHA): European 2 European Social Dialogue: Framework Agreement on Harassment Risk Observatory Report. Workplace violence and harassment: and violence at Work. 2007. P. 1. A European Picture. Luxembourg, 2010. P. 16.

1 66 joint recommendations Security

2. OBJECTIVES OF THE JOINT RECOMMENDATIONS

In issuing these joint recommendations, the Euro- • To contribute to improving working conditions in pean railway sector social partners have the following rail passenger transport; intentions: • To initiate strategies aimed at preventing and • To support their members – affi liated unions and handling third-party violence at work via practical companies – in taking measures that help to incre- measures in its communication, prevention, inter- ase security and the feeling of security of staff and vention and aftercare. passengers vis-à-vis third-party violence;

3. RECOMMENDATIONS FOR ACTION FOR

THE SOCIAL PARTNERS Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

Measures aimed at communication, prevention, party violence should be recorded and examined intervention and aftercare should to be tailored to there using appropriate means. This entity can the respective fi elds of work and company divisions. also be the contact point in the case of incidents A global and joint approach is deemed to be the most or questions. promising here. Therefore, the European social part- ners recommend that a sustainable policy should be • Reporting, recording and analysing applied, which includes measures in the following All incidents clearly defi ned as needing to be areas: reported (including insults and threats), should be recorded in an appropriate systematic way and • Creating awareness assessed. Requisite measures may be designed Third-party violence can be reduced through rai- and implemented. All those involved should be sing awareness of this issue among employers, informed about the process. Employees should be employees, customers and passengers. Therefore, encouraged to report all incidents and to suggest the social partners on company or industry sector improvement measures if possible. level should aim at a joint approach to tackle the A European typology of incidents, which have to be problem. They should defi ne a joint communica- reported, would help to harmonise the understan- tion and prevention strategy, which includes a ding of third-party violence on European level and “zero tolerance” campaign, which contains appro- should be established. priate guidance and training for the employees, preventive measures for the public along with a • Security management and technical means description of incidents needing to be reported. Security management combines personnel and These descriptions should be formulated in a way technical measures. A very important factor is to suitable for classifying acts of violence in a compu- make available on trains and in stations active ter database. and present security personnel, specially trai- ned for the railway, as well as, depending on the • Establishing a specialised entity countries, the presence of the police. Preventive An entity should be established within the com- measures can also be specific procedures and/or panies, with the offi cial task of analysing and facilities concerning ticket sales, access to trains, implementing the agreed measures. In any case construction aspects of stations, video surveil- the designated entity should cooperate closely with lance etc. Video surveillance systems can help to the security and personnel units and the affected prevent, to identify and so to prosecute incidents business units. Within the scope of applicable law and crimes. and possible adequate means, incidents of third-

2 67 joint recommendations Security

• Preventive training and sensibilisation for staff • Awarding of public contracts for rail passenger members transport Training prepares employees with possible costu- The awarding of public contracts for rail passenger mer contact and the respective management for transport should require the submission of a sec- third-party violence situations and teaches ways tion on the security of employees and passengers, of prevention and of handling the consequences in which should be considered in the process of awar- the best way. Companies should provide appropri- ding the contract. ate training courses for these employees and their management on all necessary topics, including • Conclusion of a social partner agreement de-escalation, recognising potentially violent situ- Concluding social partner agreements is deemed ations, etc. worthwhile on different levels (company and / or industry sector level, etc.). Suggestions put forward • Aftercare by employees for improving weak points in security Appropriate and transparent procedures on support at work should be examined, and, where feasible, should be provided to employees who are victims taken up. of third-party violence, which, depending on the in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in circumstances, could involve medical (including • Regular assessment of the effectiveness of the The European Social Dialogue European and the Social DialogueThe psychological), legal, practical, and/or fi nancial measures taken support. The European social partners recommend regular assessment of the measures taken on European • Law and order partnerships and national level (e. g. annually). Experience, rela- Cooperation between rail companies, the police ted developments in legislation and technology and the authorities improves the overall ability to should also be to be taken into account to provide enforce security. The social partners also highlight better solutions. Results should be assessed and the importance of working with other appropriate agreement reached on ways of improving the mea- partners at national or local level to identify and sures. Assessment results can be taken up in new prevent third-party violence by having a consistent agreements. approach. Final Version 5.11.2012

• Using good practices Good practices already exist with regard to the prevention, handling and aftercare of third-party violence against railway company employees in Europe. The measures foreseen need to take into account the size and type of company and their application should be validated. Good practices described in the guide ”Promoting security and the feeling of security vis-à-vis third-party violence in the European railway sector. A good practice guide” can be used here.3

• Dialogue with politicians, further stakeholders and with social partners / civil and social dialogue The demands of the rail companies, the employee representatives and the trade unions on politicians and possible other involved stakeholders should be brought to the attention of national and Euro- pean politicians.

3 CER, ETF, EVA: ”Promoting security and the feeling of security vis- à-vis third-party violence in the European railway sector. A good practice guide”. Berlin 2012.

3 68 joint recommendations Security

Promoting security and the feeling of security vis-à-vis third-party violence in the European railway sector Recommendations of the European railway sector social partners signed in Brussels on 5 December 2012 in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

Community of European Railway and Infrastructure European Transport Workers’ Federation (ETF) Companies (CER) Sabine Trier Dr. Libor Lochman Deputy General Secretary Executive Director

Community of European Railway and Infrastructure European Transport Workers’ Federation (ETF) Companies (CER) Guy Greivelding Dr. Rudolf Müller President of ETF Railway Section, Chairman of the European Social Dialogue President FNCTTFEL, Luxembourg Committee for Railways, Chief Human Resources offi cer of DB Schenker Rail Deutschland AG

CER ETF Avenue des Arts, 53 Galerie Agora 1000 Brussels Rue du Marché aux Herbes 105, Boîte 11 Belgium 1000 Brussels Tel : +32 2 213 08 70 Belgium Fax : +32 2 512 53 31 Tel: +32 2 285 46 60 e-mail : [email protected] Fax: +32 2 280 08 17 web : www.cer.be e-mail : [email protected] web : www.etf-europe.org

4 69 Joint recommendations PSR-RAIL in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

70 Joint recommendations PSR-RAIL in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

71 Joint recommendations PSR-RAIL in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

72 Joint recommendations PSR-RAIL in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

73 Joint recommendations PSR-RAIL in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

74 Joint recommendations PSR-RAIL in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

75 Joint recommendations PSR-RAIL in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in The European Social Dialogue European and the Social DialogueThe

76 Joint opinion Protection of staff

Social aspects and the protection of staff in competitive tendering of rail public transport services and in the case of change of railway operator in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in

JOINT OPINION CER/ETF Social Dialogue European and the Social DialogueThe

PREAMBLE As part of an evaluation of different social rules in railway passenger transport linked to the Regulation 1370/2007 „PSO“, CER and ETF decided to conduct a study on the Social aspects and the protection of staff in competitive tendering of rail public transport ser- vices and in the case of change of railway operator. The project developed by the social partners gives a picture of the situation on the protection of personnel in the member states of the EU.

Good social standards are - both from employees’ and from employers’ view - a condi- tion sine qua non for delivering good quality services and are an important factor for maintaining or improving the attractiveness of jobs in the railway sector, which becomes a major challenge due to the demographic change in nearly all EU Member States.

The project has shown that there are very different national situations in terms of social aspects and protection of staff in case of change of operator and especially concerning the application of articles 4(5) and 4(6) in conjunction with recitals 16 and 17. On the one hand some Member states established on a national level similar rules concerning bind- ing social standards and/or compulsory transfer of staff before the Regulation 1370/2007 came into force. In fact, some countries decided to create such social rules by national laws or regulations or they established a framework for the social partners to conclude agreements for adequate social standards in the sector. On the other hand there are still Member States where the social aspects of the market opening seem to be not suf- fi ciently or not at all taken into account.

1 77 Joint opinion Protection of staff

PRINCIPLE STATEMENTS 1. Although the European social partners differ in their view on the need for further liber- alisation and market opening, they share the conclusion that the consequences of compe- tition should not affect the working conditions of staff providing services by requiring on national, regional or local level binding social standards and/or the compulsory transfer of staff in case of change of operator.

2. The social partners insist that it must be compulsory for every EU Member State, where such protection doesn’t exist, to create a social level playing fi eld by setting binding social standards (on a national, regional or local level) in order to protect working condi- tions existing at the moment of change of operator and/or by requiring a transfer of staff previously taken on to provide services. This should be done according to the national

in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in or regional specifi cities either by the legislator and/or the social partners by sector-wide

The European Social Dialogue European and the Social DialogueThe collective agreements (including the rules for civil servants or staff with a specifi c employ- ment status similar to civil servants) at the latest at the opening of the domestic railway passenger market.

3. Such social standards have to include at least provisions on wages, working time, Health & Safety and training.

4. A compulsory transfer of staff in case of change of operator will also ensure the continu- ity of the service for the passengers and the transport authorities. When transfer occurs, it has to apply to railway staff previously taken on to provide services by the previous opera- tor and grant them the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23. Nevertheless, the previous operator has the possibility to offer new positions to the involved employees with continuing the existing contract.

5. ETF and CER recommend to use the experience and knowledge of the social partners in the whole tendering process.

Brussels, 23 September 2013

CER – Community of European Railway and ETF – European Transport Workers’ Federation Infrastructure Companies Galerie Agora Avenue des Arts, 53 Rue du Marché aux Herbes 105, Boîte 11 1000 Brussels 1000 Brussels Belgium Belgium Tel : +32 2 213 08 70 Tel: +32 2 285 46 60 Fax : +32 2 512 53 31 Fax: +32 2 280 08 17 e-mail : [email protected] e-mail : [email protected] web : www.cer.be web : www.etf-europe.org

2 78 Contact persons Project Steering Committee

CER

CER Ferrovie dello Stato Italiane (FS) Federation of Transport Trade Xavier Martin Roberta Tomassini Unions in Bulgaria (FTTUB) Avenue des Arts, 53 Piazza della Croce Rossa 1 Daniela Zlatkova 1000 Brussels, Belgium 00161 Roma, Italy 106 Mariya Luiza blvd. Tel.: +32 2 2130877 Tel: +39 06 44102953 Sofia 1233, Bulgaria e-mail: [email protected] e-mail: [email protected] Tel.: +35 929318001 e-mail: [email protected] Société nationale des chemins ETF de fer français (SNCF) Sindikat željezničara Hrvatske (SZH) Barbara Grau European Transport Workers‘ Katarina Mindum 2 place aux Étoiles - CS 70001 Federation (ETF) Trg. Francuske Republike 13 93633 La Plaine St Denis, France Sabine Trier 10000 Zagreb Tel: +33 1 85078719 Galerie AGORA Tel.: +385 1 3707582 e-mail: barbara.grau@sncf.fr Rue du Marché aux Her- e-mail: [email protected] bes 105, Boîte 11 Arbeitgeber- und Wirtschafts- 1000 Brussels, Belgium Sindikat Strojevodij SIovenije (SSSLO) verband MoVe e.V. (Agv MoVe) Tel.: +32 2 2854667 Leon Didič Matthias Rohrmann, Viktoria Kalass e-mail: [email protected] Trg OF 7 Balkan Countries Western Sectorin the Railway in Bellevuestr. 3 1000 Ljubljana Social Dialogue European and the Social DialogueThe 10785 Berlin, Germany CGT Tel.: +386 1 2913330 Tel. +49 3029753119 David Gobé e-mail: [email protected] 263, rue de Paris [email protected] 93 515 Montreuil cedex, France Tel.: +33 1 49 88 61 00 Almega e-mail: [email protected] Anders Olofsson Agatan 9, Box 388 58104 Linköping, Sweden Tel: +46 73 8073026 e-mail: [email protected]

Contact persons Western Balkans

Croatia

HŽ Infrastruktura d.o.o. 10000 Zagreb Sindikat željezničara Hrvatske (SZH) Darko Peričić Tel.: +385 1 4577-591 Katarina Mindum President of HŽ Infrastruc- e-mail: [email protected] Trg. Francuske Republike 13 ture Management Board 10000 Zagreb Mihanovićeva 12 HŽ Cargo Tel.: +385 1 3707582 10000 Zagreb Petra Bručić Barić e-mail: [email protected] Tel.: +385 1 3783300 International Relations Manager e-mail: [email protected] Mihanovićeva 12 10000 Zagreb HŽ Putnički Prijevoz d.o.o. Tel.: +385 1 453 4102 Vatroslav Težulat e-mail: [email protected] Director of Human Resour- 79 ces and Legal Affairs Mihanovićeva 12 Contact persons Western Balkans

F.Y.R. of Macedonia Montenegro Serbia

PE MZ Infrastructure Željeznicka Infrastruktura Železnice Srbije Petar Spasovski Crne Gore AD (ŽICG) Jovica Trajković Ass. Director General for General Affairs Lucija Filipović Assistant to General Direc- Jordan Mijalkov 50 b Project Implementation Unit Leader tor for subsidiaries 1000 Skopje Trg Golootičkih žrtava 13 Nemanjina 6 Tel.: +389 75 282841 81 000 Podgorica, Montenegro 11000 Belgrade, Serbia e-mail: [email protected] Tel.: +382 20 441 240 Tel.: +38 11 12687736 e-mail: [email protected] e-mail: [email protected] MZ Transportad Božidar Cvetkovski Željeznički prevoz Crne Gore AD Trade Union of Railway Director & Member of Managing Board Aleksandar Smolović Men of Serbia (SZS) Legal issues, Human Rsour- Human Resources Manager Predrag Spasić ces & Corporate Functions Trg Golootičkih žrtava 13 General Secretary Jordan Mijalkov 50 b 81 000 Podgorica, Montenegro Nemanjina 6 1000 Skopje e-mail: [email protected] 11000 Belgrade Tel.: +389 2 3248704 Tel.: +38 1 63572345 e-mail: [email protected] Montecargo [email protected] Vesna Tintor in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in Federation of Trade Union of Head of Service for commercial jobs The European Social Dialogue European and the Social DialogueThe Transport and Communication Trg Golootičkih žrtava 13 Slave Naumovski 81 000 Podgorica, Montenegro President Tel.: +382 20 441 191 Kuzman Josifovski - Pitu no. 19/5, loc 5 e-mail: [email protected] 1000 Skopje F.Y.R. of Macedonia Trade union organization Tel.: +389 26121994 AD „Montecargo“ e-mail: [email protected] Milenko Klikovać President Tel.: +382 68 877 008 e-mail: zdenkavladisavl- [email protected]

Sindikalna organizacija Prevoza masinovodja Crne Gore Milan Vuković President e-mail: [email protected]

Sindikat Željeznicke Infrastrukture Crne Gore Marko Cacović President Tel: +382 20 441 181 e-mail: [email protected]

80 Bibliography

Documents of the European Union • European Social Charter. Collected texts (6th edition). (Updated to 30 June 2008). http://www.coe.int/t/dghl/monitoring/socialcharter/presentation/ESCCollectedTexts_en.pdf • The Community Charter of the Fundamental Social Rights of Workers (1989). http://europa.eu/legislation_summaries/glossary/social_charter_en.htm • Charter of Fundamental Rights of the European Union (2000). http://www.europarl.europa.eu/charter/pdf/text_en.pdf • Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as amended by the Treaty of Lisbon (2007): http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012E/TXT • Directive 2002/14/EC: http://eur-lex.europa.eu/resource.html?uri=cellar:f2bc5eea-9cc4-4f56-889d-3cc4c5ee5927.0004.02/DOC_1&format=PDF

Documents of the European Commission • Vademecum – A Practical guide for EU Social Partner Organisations and their National Affiliates. 2014. • Industrial Relations in Europe 2012. Commission Staff Working Document. European Commission, Directorate-General for Employment, Social Affairs and Inclusion. Brussels 2012. • Towards a job-rich recovery. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee of the Regions. European Commission. Strasbourg 2012. • European Commission, Directorate-General for Employment, Social Affairs and Inclusion: Social Europe guide. Volume 2: Social Dialogue. 2012. • Europe 2020 - A European strategy for smart, sustainable and inclusive growth. Communication from the Commission. Brussels 2010. • Commission Staff Working Document on the functioning and potential of European sectoral social dialogue. Brussels 2010. Balkan Countries Western Sectorin the Railway in • Communication from the Commission - Partnership for change in an enlarged Europe - Enhancing the contribution of Social Dialogue European and the Social DialogueThe European social dialogue, COM/2004/0557. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52004DC0557:EN:NOT • Communication from the Commission - The European social dialogue, a force for innovation and change, COM/2002/0341. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52002DC0341:EN:NOT • Commission Decision of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level, as modified by Commission Regulation (EU) No 519/2013 of 21 February 2013. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31998D0500:EN:NOT • Communication from the Commission Adapting and promoting the social dialogue at Community level, COM/98/0322 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:51998DC0322:EN:NOT • Commission Communication concerning the Development of the social dialogue at Community level, COM/96/0448 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:51996DC0448:EN:NOT

International publications • ILO on social dialogue: http://www.ilo.org/global/about-the-ilo/decent-work-agenda/social-dialogue/lang--en/index.htm • Eurofound: Role of social dialogue in industrial policies. http://www.eurofound.europa.eu/eiro/studies/TN1311011S/tn1311011s.htm • European Foundation for the Improvement of Living and Working Conditions. Role of social dialogue in industrial policies. Executive summary. • Rohrmann, Matthias und Dr. Viktoria Kalass (2014): Der Europäische Soziale Dialog. In: Arbeit und Arbeitsrecht. Die Zeitschrift für das Personal-Management. P. 584ff.

Social partner documents • Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the Community‘s rail network. http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32007L0059

• Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the Euro- pean Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32005L0047

81 Women in the Railway sector: • ETF: http://www.itfglobal.org/etf/etf-3556.cfm • ETF: http://www.itfglobal.org/etf/women-railway.cfm • CER: http://www.cer.be/publications/brochures/brochures-details/european-project-representation- and-better-integration-of-women-in-the-different-professions/ • CER: http://www.cer.be/publications/brochures/brochures-details/wir-women-in-rail-good-practices-and-implementation-guide/

PSR-RAIL • ETF: http://www.itfglobal.org/etf/etf-3895.cfm • CER: http://www.cer.be/publications/brochures/brochures-details/a-guide-to-identifying- and-preventing-psychosocial-risks-at-work-in-the-railway-sector/

Protection of staff • ETF: http://www.itfglobal.org/etf/etf-3845.cfm • CER: http://www.cer.be/publications/brochures/brochures-details/social-aspects-and-the-protection- of-staff-in-case-of-change-of-railway-operator-the-current-situation/

Employability • ETF: http://www.itfglobal.org/etf/rw-employability.cfm • CER: http://www.cer.be/publications/brochures/brochures-details/conference-report-employability- an-hr-strategy-for-shaping-change-in-the-railway-sector/

Insecurity and the feeling of insecurity in the Railway Sector in Western Balkan Countries Western Sectorin the Railway in • ETF: http://www.itfglobal.org/etf/rw-aggressions-insecurity.cfm The European Social Dialogue European and the Social DialogueThe • CER: http://www.cer.be/publications/brochures/brochures-details/promoting-security-and-the-feeling- of-security-vis-a-vis-third-party-violence-in-the-european-rail-sector-a-good-practice-guide/

82 This publication was developed during the project “Social Dialogue in the Railway Sector in Western Balkan Countries”. The project was initiated by the European social partners of the railway sector ETF and CER and organized by EVA Academy.

With financial support from the European Commission. The publication reflects the author‘s view and the Commission is not responsible for any use that may be made of the information it contains.

The European social partners: Community of European Railway and Infrastructure Companies (CER) Avenue des Arts, 53 // 1000 Bruxelles // Belgium Tel.: +32 2 2130870 // [email protected] // www.cer.be

European Transport Workers’ Federation (ETF) Galerie Agora // Rue du Marché aux Herbes 105, Boîte 11 // 1000 Bruxelles // Belgium Tel.: +32 2 2854660 // [email protected] // www.etf-europe.org

Editor and project organisation: EVA – European Academy for Environmentally Friendly Transport Chausseestr. 84 // 10115 Berlin // Germany Tel: +49 30 3087526 // [email protected] // www.eva-akademie.de The European Social Dialogue and the Social Dialogue in the Railway Sector in Western Balkan Countries

A publication of the European social partners Community of European Railway and Infra- structure Companies (CER) and European Transport Workers’ Federation (ETF). Published by EVA European Academy for Environmentally Friendly Transport

With financial support from the European Union Europäische Akademie für umweltorientierten Verkehr EVA Bildung & Beratung