The dialogue between employers and trade unions

On the occasion of the tripartite social summit, the European Confederation of trade unions ( CES ), the UNICE ( private employers ) and the CEEP ( state – owned companies ) presented the new programme of work of the European Union ( EU ) about the dialogue between employers and trade unions for 2006 – 2008, which aims to contribute to growth, to jobs and to the modernization of the social model of the EU . This program of work about the dialogue between employers and unions illustrates the common wish of the countries members to reinforce the autonomy of management and labour and is based on the achievements of the former program which covered the period 2003 – 2005.

It consists of a joint analysis of the essential challenges to which the European markets of employment are confronted with, the negotiation of  a framework of action about employment and a framework agreement autonomous . It would be proper also to quote other initiatives such as the studies about restructuring in the EU, the creation of capacities for the dialogue between employers and unions in the new member States and the candidate countries and the elaboration of a common vision of the instruments of dialogue between employers and unions. Candido Méndez, president of the CES reminded that “ this program of work represents a new stage in the process of autonomous dialogue between employers and unions, in which management and labour make sure that the impact of their joint actions represents a real difference for all the workers and the companies .”

The European framework agreements

The negotiations between the European management and labour allowed to conclude 5 agreements : on the extended maternity or paternity leave in 1995, the part-time work in 1997, the fixed-term contracts in 1999, on teleworking in 2002, and on stress in 2004 . This latter has the distinctive feature of having been the first one on management and labour’s initiative, and not on the European Commission’s one . All formed the object of a directive during the months following their signature, in order to compel the member countries to transpose them in their national law .

Four European unions and management

-    the European Confederation of trade unions ( CES ) groups together the national unions of 35 European countries, of which the 25 States of the European Union, and some European trade unions federations . The CFTC is a member of the CES .
-    The Union of the European Community Industries ( UNICE ) groups together the confederations and the associations of employers from the European Union .
-    The European Union of craft industry and small and medium-sized firms ( UEAPME ) is meant to be the “ voice of the small and medium-sized firms in Europe ” .
-    The European Centre of the companies with a public participation   ( CEEP ) and of the companies with general economic interest represents the interests of the public groups and of the semi-public companies .

The dialogue between employers and unions is a whole grouping together the collective relations of work inside the firm, the negotiation by sector ( which sets up in particular the collective agreements ), the interprofessional  negotiation, as well as the relations between unions and management ( representatives of the salaried workers and of the employers) and with the State . The dialogue between employers and unions is formalized and organized according to precise rules, within the official bodies, because it fills out the social law . Therefore, it belongs to “representative”  organizations . The trade union freedom, the right for the salaried worker to participate through its representatives to the collective resolution of the working conditions as well as to the organization, the management and the general running of the companies are fundamental rights : the principle of participation of the workers to the running of the companies is mentioned in the preamble of the Constitution of 1946 .

Inside the company, the workforce elected representatives, the members of the workers’ council and of the hygiene and security commissions, and of the working conditions, the trade unions delegates, are the actors of the dialogue between employers and unions . Everyone has got his specificity . The CFTC is present in the companies through its trade unions groups  and, in those which employ at least 50 salaried workers, through the trade unions delegates .

The number of agreements signed, at all levels, remains high and doesn’t decrease . The number of companies which benefit from a trade union presence and of representative bodies of the workforce ( IRP ) tends to increase . In parallel, the big confederations are still leading during the industrial tribunal’s elections ( in which CFTC reaches nearly 10% of the votes ), and the strong participation to the professional elections (in which CFTC is the only trade union to rise since 1967 ) . Which allows to say, the polls are confirming it, that a majority of salaried workers put their trust in the current trade unions organizations .