On Wednesday 26 April, Member States’ representatives will discuss a new compromise on the EU Council recommendation on social dialogue, presented in January by the Commission (see EUROPE 13106/1, 13107/1).
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.
The new text, dated 19 April (see EUROPE 13149/13), amends some definitions, such as that of social dialogue, emphasises respect for the autonomy of the social partners, and introduces new references to the EU directive on adequate minimum wages.
The text also reinforces the language on respect for national circumstances in the choice of social dialogue instruments (“this Recommendation takes into account the specific circumstances of Member States and recognises that the choice of individual measures for its implementation can be determined by such circumstances”).
On the subject of adequate minimum wages, a new article is added, stating that “Directive 2022/2041/EC aims, among other things, to improve working conditions by facilitating the exercise of the right to collective bargaining on wage-setting. Member States are called to foster collective bargaining coverage and, under certain conditions, to take active measures for its promotion”.
On derogations from collective agreements, a new article specifies that “derogations from collective agreements are, in principle, to be agreed between the social partners. Where a Member State allows to derogate by law from a collective agreement, the relevant social partners should be consulted during the legislative process”.
Link to the document: https://aeur.eu/f/6iu (Original version in French by Solenn Paulic)