ISSN: 1680-3515 Industrial Relations in Europe [ 2006 ] European Commission Industrial Relations in Europe 2006 European Commission Directorate-General for Employment, Social Affairs and Equal Opportunities Unit F.1 Manuscript completed in June 2006 The contents of this publication do not necessarily reflect the opinion or position of the European Com- mission, Directorate-General for Employment, Social Affairs and Equal Opportunities. If you are interested in receiving the electronic newsletter ‘ESmail’ from the European Commission’s Directorate-General for Employment, Social Affairs and Equal Opportunities, please send an e-mail to [email protected]. The newsletter is published on a regular basis in English, French and German. Further language versions of the executive summary can be found on the social dialogue website of DG Employment, Social Affairs and Equal Opportunities: http://ec.europa.eu/employment_social/social_dialogue/reports_en.htm Comments would be gratefully received and should be sent to: Unit F.1 Social Dialogue, Industrial Relations Directorate-General for Employment, Social Affairs and Equal Opportunities European Commission B-1049 Brussels Belgium [email protected] 1 44 1: © European Communities 2 4 4 2: © Dailylife/Carl Cordonnier 3: © Stock.exchange 2 3 4: © Stock.exchange Europe Direct is a service to help you find answers to your questions about the European Union Freephone number (*): 00 800 6 7 8 9 10 11 (*) Certain mobile telephone operators do not allow access to 00 800 numbers or these calls may be billed. A great deal of additional information on the European Union is available on the Internet. It can be accessed through the Europa server (http://europa.eu). Cataloguing data can be found at the end of this publication. Luxembourg: Office for Official Publications of the European Communities, 2006 ISBN 92-79-02252-0 © European Communities, 2006 Reproduction is authorised provided the source is acknowledged. Printed in Belgium PRINTED ON WHITE CHLORINE-FREE PAPER Foreword by the Commissioner Last year marked all appropriate levels, in order to contributions social partners can the 20th anniver- demonstrate to all employers, workers deliver to reach the ambitious objec- sary of social and the public at large the important tive of the growth and jobs strategy. partnership at added value social partnership is able This aims to see Europe become the EU level. In to deliver. This will help in our quest most dynamic and competitive 1985 the three to modernise our economies and soci- knowledge-based economy capable cross-industry eties while respecting the commonly of sustainable development with more social partner shared European values. and better jobs and greater social organisations (UNICE, ETUC and cohesion – a global objective shared CEEP) engaged in the European Last year was also decisive for the by all major actors on the labour mar- social dialogue initiated by Jacques relaunch of the Lisbon Strategy. This ket. The crucial role social partners Delors, President of the European included an appeal to the social part- have to play in this context depends Commission at that time. Since then ners to assume their indispensable significantly on their representative the social partners have embarked on a role to reach the Strategy’s ambitious strength and capacity to join forces in large number of activities aimed at objectives by way of fostering part- a balanced way with each other and successfully building and strengthen- nerships for change at national and government at all levels, be it at Euro- ing the social dimension of the Euro- European level. With the adoption of pean, national, sector, regional and pean Union. They have promoted their second joint work programme company level. These themes are active and participative democracy in 2006-2008 discussed at the Tripartite reflected in various ways in most of their specific policy areas by develop- Social Summit in March 2006, the the chapters of this report, which ing and using a large range of different social partners have increased their builds on the research and articles tools adapted to the relevant circum- commitment to jointly address major presented in its predecessors, notably stances at cross-industry and sectoral challenges ahead. These include in 2004. It equally continues report- level. These results affect millions of issues related to the globalisation of ing on recent developments of the workers throughout the whole Union economic activities and the ageing of European social dialogue and Com- at their respective work places and the population and the impact of munity legislation regarding the hence accompany, support and these phenomena on employment labour market in a wider sense. strengthen or even initiate Communi- and working conditions in Europe. ty action through legislation. Euro- Greater involvement of social part- I hope that the material presented in pean social dialogue is a tool for work- ners at national level is required to this report and the often complex ers and employers’ representatives to make the growth and jobs strategy interplay between the various poli- participate in the European decision- work and to underpin the efforts cies, instruments and actors it identi- making process and to increase own- undertaken by the governments with- fies will again provide relevant infor- ership of the European project. It can in their national reform programmes. mation to foster mutual understand- play its part in regaining trust and ing, learning and discussion. This involvement. The partnership has pro- This is the fourth report on Industrial will contribute in a concrete way to duced very good results as this report Relations in Europe. After the not only more but also better jobs in shows. This should inspire practice in enlargement of the Union in 2004 and a competitive economic environ- the Member States. However, let me the integration of the new Member ment. The importance of this exciting also add that these efforts should still States into the Lisbon agenda it is of policy area for advancing the Euro- be stepped up in a consensual manner major importance to look again in this pean project and the results it is set to and implemented with more vigour at wider context at ways to develop the harvest can hardly be overestimated. Vladimír Špidla Commissioner for Employment, Social Affairs and Equal Opportunities 3 Contents Foreword by the Commissioner ........................................................................................................................................................................................................ 3 Editorial.............................................................................................................................................................................................................................................................................................. 7 Executive summary .................................................................................................................................................................................................................................................... 9 Chapter 1: The social partners as membership organisations: an overview of forms and trends in the Member States ......................................................................................................................................................... 19 1. Trade unions ............................................................................................................................................................................................................................... 19 2. Employers’ organisations ........................................................................................................................................................................................ 32 3. Conclusion........................................................................................................................................................................................................................................ 38 Chapter 2: The evolving relationship between collective bargaining and law in the Member States............................................................................................................................................................................................................. 41 1. Collective bargaining as a key component of the European tradition.................................................................. 41 2. Trends and emerging legal questions in the relationship between law and collective agreements.......................................................................................................................................................................................................... 46 3. Interpreting trends with regulatory schemes ........................................................................................................................................ 49 4. Conclusion........................................................................................................................................................................................................................................ 54 Chapter 3: Employee representation at the workplace in the Member States ................................... 57 1. Representation: a specific type of employee participation................................................................................................