A Social Dialogue Resource Book
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International Labour Office Key Features of National Social Dialogue: a Social Dialogue Resource Book Junko Ishikawa InFocus Programme on Social Dialogue, Labour Law and Labour Administration KEY FEATURES OF NATIONAL SOCIAL DIALOGUE: A SOCIAL DIALOGUE RESOURCE BOOK Junko Ishikawa InFocus Programme on Social Dialogue, Labour Law and Labour Administration International Labour Office - Geneva November, 2003 Copyright © International Labour Organization 2003 First published 2003 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indi- cated. For rights of reproduction or translation, application should be made to the Publications Bureau (Rights and Per- missions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. 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Junko Ishikawa Key Features of National Social Dialogue: A Social Dialogue Resource Book Geneva, International Labour Office, 2003 ISBN 92-2-114901-3 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presenta- tion of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Of- fice concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the Interna- tional Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disap- proval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Pub- lications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are avail- able free of charge from the above address, or by email: [email protected] Visit our website: www.ilo.org/publns Pagesetting in Switzerland A43/SAD Printed in France CONTENTS Acknowledgements IV Introduction 1 Chapter 1: What is social dialogue? 3 Definition of social dialogue 3 ILO working definition 3 Other definitions 4 Actors in social dialogue at national level 5 The role of Government 5 Social dialogue, tripartism and the ILO 7 Chapter 2: Conditions for constructive social dialogue 9 Basic Enabling Conditions 9 Pitfalls in social dialogue 12 Chapter 3: Typology of social dialogue 15 Representation and issues of social dialogue 15 Classification of different forms of social dialogue at national level 17 Policy concertation and dialogue at national level in practice 19 Cycle of policy concertation - social dialogue processes 21 Role of social dialogue institutions 22 National tripartite or bipartite institutions as supportive fora of social dialogue 23 Variety of tripartite or bipartite fora at national level 23 Fora to discuss wider economic and social policies at national level 24 Size and composition 24 Functions 24 Challenges associated with well-functioning social dialogue institutions 25 The role of the secretariat 25 Chapter 4: Benefits of Social Dialogue 27 What can social dialogue deliver? 27 Benefits of social dialogue processes 27 Benefits associated with the results of social dialogue 30 Some concluding remarks 37 Policy recommendations 37 Challenges and opportunities for the Government 37 Challenges and opportunities for workers’ and employers’ organizations 38 Challenges and opportunities for all parties 38 References 39 Appendix 1 43 Conclusions concerning tripartite consultation at the national level on economic and social policy 43 Appendix 2 45 Resolution concerning tripartism and social dialogue 45 III ACKNOWLEDGEMENTS I would like to thank Patricia O’Donovan, Director and Giuseppe Casale, Deputy Director of the InFo- cus Programme on Social Dialogue, Labour Law and Labour Administration (IFP/DIALOGUE) who, throughout the process, encouraged me to work on this resource book and commented in detail on its draft version. I would also like to thank my colleagues in IFP/DIALOGUE, and in particular the Social Dialogue Team members and team leader, Shauna Olney, for their comments. I would like to express my special thanks to Marleen Rueda-Catry and Georges Minet who helped greatly in improving the draft by directing me to examples of social dialogue in Spanish and French speaking countries. Sole responsibility for the opinions expressed in this text lies with the author. November 2003 Junko Ishikawa IFP/DIALOGUE IV INTRODUCTION Social dialogue at the national level refers to the co- national level. However, the information given in operation between social partners, i.e. workers’ and this book can also be applied to social dialogue at employers’ organizations, with the Government. It provincial, regional or state level, especially for can address a wide range of issues from labour re- countries with a federal structure. lations to wider social and economic challenges. The Government may be a full partner in the dia- This resource book has several sections. Chapter 1 logue or may play the role of facilitator. will begin with a definition of social dialogue, clari- fying the concept and which actors are involved. It Strengthening tripartism and social dialogue is one also introduces the different roles that the ILO plays of the four strategic objectives of the ILO. Tripar- in promoting national social dialogue. Chapter 2 will tism and social dialogue is one of the founding set out the basic enabling conditions for construc- principles of the ILO reflected in the Declaration of tive social dialogue, and points out some pitfalls to Philadelphia.1 Tripartite social dialogue is practised be avoided in order to arrive at meaningful results. by the ILO at the international level through the In- Chapter 3 will present a typology of social dialogue, ternational Labour Conference and its Governing and will attempt a classification of different types of Body. The issue of tripartism and social dialogue social dialogue along the lines of representation and was discussed at the International Labour Confer- issues discussed. It then moves on to explain differ- ence in 1996 during the general discussion on Tri- ent institutional frameworks in which social dia- partite Consultation at the National Level on Eco- logue takes place. National fora for discussing nomic and Social Policy and again in 2002 when a wider economic and social policy issues are dis- Resolution on Tripartism and Social Dialogue was cussed in more detail. Chapter 4 will clarify what so- adopted. cial dialogue can deliver by examining the benefits of social dialogue. Benefits relating to processes Social dialogue at the national level has become an and results of social dialogue are explained and il- important component of good governance in many lustrated with country examples.3 The book con- countries. Tripartite social dialogue in economic cludes with policy recommendations for Govern- and social policy-making has a fundamental role to ment, employers’ and workers’ organizations when play in furthering democracy, social justice and a seeking to attain meaningful social dialogue. productive and competitive economy. The associ- ation of all three parties concerned in the design This is a resource book for practitioners and is pri- and implementation of economic and social poli- marily aimed at providing analytical background cies facilitates consensus building with a balance knowledge and making the case for social dialogue between the demands of economic development in plain, concrete terms, with practical examples to and social cohesion. It also provides the best pos- illustrate its points. It is, however, important to keep sible scenario for the effective and sustainable im- in mind that social dialogue arrangements and plementation of the policies concerned, minimis- processes are not necessarily transferable across ing the risk of industrial and social conflict. different societies. What worked well in one coun- try may not work well in other countries due to dif- Economic prosperity, stability, and social progress ferences in their industrial relations systems, tradi- cannot be achieved by governments, employers or tions and structural endowments. However, one workers acting alone. Social dialogue provides so- 2 can still learn from successful attempts in other cial partners and other stakeholders with the op- countries. This resource book is aimed at helping portunity to participate in deciding their future. The countries to build their own national model of social aim of this participation and cooperation is to facil- dialogue by identifying and presenting