EU sectoral social dialogue on temporary agency work

Report
Social Dialogue on temporary
agency work in Europe
Annemarie Muntz, Eurociett President
The EU Sectoral Social Dialogue Committee
Since 2000, temporary agency work (TAW) has been established as one of
the sectoral social dialogue committees on the European level
Eurociett has been recognised as the official social partner, representing the
employers’ side, with UNI Europa, representing the workers side
The Sectoral Social Dialogue Committee (SSDC) on TAW meets regularly 3
times a year
The SSDC activities are based on a joint work programme over 2 years.
The work programme 2013/2014 was adopted in February
The Activities of the EU SSDC on TAW include:
• Discussions on matters of mutual concern (employment policies,
directives, etc.)
• Negotiating agreements and joint texts (joint declarations)
• Conducting joint projects (studies and researches)
The activities at the EU level respect diversity of industrial relations at the
national level
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Joint declarations in the EU SSDC
Joint declaration on Vocational Training (2009) stressing the role of sectoral social
partners to facilitate access to training
Second joint declaration on the Agency Work Directive (2008):
• Equal pay from day one, derogations possible for open-ended contracts and by
collective labour agreement or agreement of social partners
• Strong wording on the need to review and lift unjustified restrictions
• Clear recognition of the contribution of temporary agency work to well-functioning
labour markets
Eurociett and UNI Europa signed a joint declaration in the framework of the EU
debate on Flexicurity (2007)
• Positive recognition of the role of temporary agency work in breating pathways to
employment
• Facilitating transitions in the labour market
First joint declaration on the Agency Work Directive (2001)
3
Joint projects/research in the EU SSDC
In the context of the SSDC, a series of joint projects
have been carried out to improve knowledge on
specific issues relating to agency workers:
•
•
Joint project on Vocational Training for temporary
agency workers (2008)
The European Observatory on cross border activities
within TAW (2009). The Observatory is regularly
updated by joint factsheets
The latest joint project (2012) was about the role of
temporary agency work and labour market
transitions in Europe. As outcome, it included:
•
•
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Full report with facts and figures showing the positive
contribution of the industry to foster labour market
transitions
Joint recommendations to EU policy makers on how to
maximise the role of temporary agency work in
facilitating transitions
Other results in the EU SSDC
Sectoral studies on TAW carried out with Eurofound:
• Temporary agency work and collective bargaining
(2008)
• Temporary agency work in an enlarged European
Union (2006)
5
Round tables events to promote the sectoral social
dialogue on TAW have been organised in:
• Croatia (2013)
• Turkey (2010)
• Bulgaria (2009)
• Hungary (2007)
• Poland (2006)
Phases of acceptance of TAW and regulation
Illegality
Grey zone
Legal
recognition
• Hostility &
rejection of
this new
form of
work
relationship
• Containme
nt of an
unpopular
industry, as
a last resort
HR provider
No regulation
Coercitive
regulation
Social
tolerance
• AW
accepted
by trade
unions, if
properly
regulated
CLAs in
addition to
existing law
Normative
acceptance
Societal
acceptance
Full
recognition
• Useful tool
for labor
market
policies
• AW as an
acceptable
work
alternative
• AW as a
desirable
choice for
work
Lifting
restrictions
Social partners
to define
regulation
Relevant
regulation
The evolution of the role of a national federation
• Indicating
problems with
existing
institutional
framework
6 Voicing the
state of play
Educating and
fact proving
Envisioning
•Presenting
acceptable future
state, dealing
with institutional
tensions
• Working within
strict limits of
social
acceptance
Experimentati
on & learning
• Pointing out
societal
constraints &
industry
possibilities
• Presenting
vision based
on own
professional
expertise
Institutional
leadership
Maintenance
& anticipation
• Institutionalisat
ion of the
industry &
preparing the
future
Social dialogue & maturity of regulation on TAW
Source: Eurociett/UNI Europa “The role of temporary agency work and labour market transitions in Europe”, 2012
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Across Europe the role of social partners and the impact of
social dialogue on the temporary agency work sector vary
significantly
Diversity in collective bargaining on TAW
In Europe, collective bargaining
on TAW is at different levels:
• Corss-sectoral (national level)
• Agency work sector (sectoral
level)
• Agency work branches
• User companies
In some countries it can be
multiple levels at the same time,
for example in Belgium,
Netherlands, Sweden, etc.
Source: Eurofound research on TAW and collective bargaining, 2008
8
Bipartite funds at the national level
Where sectoral
social partners have
constructive social
dialogue, they
manage to establish
bipartite funds to
enhance conditions
for temporary
agency workers
Bipartite funds exist
in 7 EU countries
Source: BCG/Eurociett, “Adapting to change”, 2011
9
Bipartite funds: example of the NL
Source: BCG/Eurociett, “Adapting to change”, 2011
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Way forward at the EU level
Eurociett/UNI Europa joint work programme for 2013/2014,
focusing on:
•
•
•
Discussion on the Agency Work Directive as in December 2013 the
European Commission will issue its official assessment on the
implementation
Continued promotion of social dialogue through presentations at the
SSDC of national social dialogue/CLAs (DE, AT, DK, CH)
Presentation on the Dutch labour inspectorate + CLA police to show
commitment to quality and to fight rogue agencies
Next proposed joint project 2013-2014 “How temporary agency
work compares with other forms of work”
•
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•
The project will provide qualitative and quantitative data to compare
TAW with other forms of work (e.g. fixed-term contracts, selfemployment) on:
• market share,
• regulation,
• access to social security, vocational training,
• social dialogue, etc.
The data will be compiled in an EU overview and complemented with
4-6 national case studies (ES, DE, NL, etc.)
Way forward at the national level
Continue the exchange between social partners in Croatia
beyond this roundtable
Eurociett and UNI Europa will continue to support the
Croatian social partners in the TAW sector
Continue to promote social dialogue to enhance conditions
of temporary agency workers at the national level
•
•
In respect with the national diversity and practice
Learning and exchanging best practices with Eurociett and UNI
Europa’s members
The Croatian social partners are invited to be part of the
regular meetings of the SSDC, the next one being on 16
October.
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