Member States will discuss, in the EU Council’s ‘Social Affairs’ Group on 31 March, the EU Council recommendation on strengthening social dialogue in the EU presented last January (see EUROPE 13106/1, 13107/1) on the basis of a first compromise proposal from the Swedish Presidency of the EU Council.
The aim of this recommendation is to ask the Member States, in particular, to create an environment conducive to multiparty dialogues between the European social partners and to promote and develop collective bargaining frameworks.
From a European perspective, the compromise proposal introduces a number of clarifications.
A reference to the International Labour Organization’s Convention 190 against harassment at work, which has still to be ratified by Member States since 2020, is, for example, added; references to the autonomy of the social partners are added several times (“companies can exercise autonomy in their collective bargaining and worker participation practices. The conditions for a well-functioning social dialogue include: [...] the existence of strong and independent trade unions and employers' organisations with appropriate technical capacity; [...] access to relevant information needed to participate in social dialogue; commitment by all parties to participate in social dialogue [....] respect for the fundamental rights of freedom of association and collective bargaining, [...] availability of appropriate institutional support and respect for the autonomy of the social partners”).
The compromise amends the definition of the scope of collective bargaining, which “may cover issues related to working and employment conditions, including pay, working hours, annual bonuses, annual leave, parental leave, training, occupational safety and health and other issues relevant to the social partners”.
False self-employed
The text specifies that “collective bargaining should be available to all workers in comparable situations, including the false self-employed”, whereas the Commission’s initial proposal refers to all self-employed without distinction (“including the self-employed”).
Changes are still being made to the Commission’s text on derogations from collective agreements.
“Where derogations from such agreements are provided for by law, it should, for example, be ensured that, where a Member State allows derogations from a collective agreement by law: a) the social partners concerned are consulted during the legislative process and on any decision applying that law; b) such derogations allow for flexibility to adapt to changing labour market and economic conditions, sufficient stability to allow planning for both employers and workers, and protections for workers’ rights”.
EUROPE will continue to follow this story.
Link to the compromise: https://aeur.eu/f/605 (Original version in French by Solenn Paulic)