Social Dialogue and the European Union Accession
 

DRAFT POLICY PAPER
 

Sabina Avdagic
OSI International Policy Fellowships Program

March 2002


Contents

Introduction
Scope of the problem
Positions of different actors
Options for consideration and preliminary recommendations


Introduction

In the immediate breakdown of the socialist system, Central Eastern European (CEE) countries declared Western models of pluralist democracy, civil society, and market economy to be the ultimate transformation goals. In the context of these changes, the previous structure of labor relations had to be modified as well. All CEE countries have introduced tripartite forums for discussion between social partners (trade unions, employer organizations, and government representatives), and introduced a new legislation regarding collective bargaining, labor contracts, workplace representation of labor interests, etc. The countries that have already undergone negotiations about potential European Union (EU) membership have, as a part of the pre-accession strategy, done the most in terms of changes required in the fields of social and labor policy by implementing the so called acquis communautaire.
 

However, the problem is the discrepancy that exists between the adoption of the EU directives and their implementation in practice. The paper discusses this problem - by focusing on the Czech Republic, Hungary, and Poland - and referring to one element of social policy requirements that have been set out for the applicant countries, namely the social dialogue. In contrast to the situation in the EU where the social partners have virtually obtained the role of legislators, the CEE social partners, have had very little influence in both the policy-making process and the accession process. While the formal structures for the representation of organized interests do exist in CEE countries, their functioning and effectiveness is rather questionable. Uneven balance of power between the actors involved in the process has created common perception that these tripartite forums are very often not more than "talk-shops" in which governments are able not only to bring decisions without much prior consultations, but even set the agendas of these meetings.
 

Results of such practices are not only the loss of beliefs in traditional benefits of trade unionism, and consequently drops in unionization levels, but also alarmingly low rates of coverage by collective agreements when compared to the EU member states. The marginalization of organized labor, and in many instances its practical exclusion from policy making, could potentially in the long run have very serious consequences for the political stability of young CEE democracies. Furthermore, the low quality of social dialogue and the weak position of organized labor in the applicant countries could also have a direct impact on the social partners in the current EU member states, since the accession might bring the risk of social dumping.


Scope of the problem

Over the years the social dialogue has become an essential component of EU social policy. As such, it is an important part of both legal and institutional acquis. The social dialogue is understood to be not only the means to achieve more equitable and just policies, but also a guarantee for solid transposition of the acquis into practice. The implementation of EU legislation is believed to be highly dependent on the cooperation of all the social partners involved in (and affected by) the process. Accordingly, the Commission has repeatedly outlined the importance of the promotion of social dialogue in the applicant countries, and made it an explicit requirement for the accession.
 

All three countries under examination have made considerable progress in terms of transposition of the EU requirements regarding the social policy in general, and the social dialogue in particular. Besides the basic rights, such as the right to strike, free collective bargaining and freedom of association, the tripartite commissions comprising representatives of labor, business, and government have been established in the beginning of transition. However, the functioning of these commissions has been quite different from the similar bodies in the EU member states. While the results of tripartite negotiations in the EU countries can effectively be translated into legislation, in the CEE countries they do not have clearly outlined legal status. Moreover, the influence of the social partners on the choice of the issues to be discussed as well as on the actual decisions has been uneven, with the government occupying the strongest position in all the three countries.
 

This mode of policy making has most severely affected trade unions who, while having the right to formal participation in the process, have effectively been marginalized and weakened. The current form of labor relations in the CEE countries resembles a hybrid form in which two extremes operate side by side - national tripartite arrangements on one hand, and decentralized workplace relations on the other. The intermediate, sectoral or industry level bargaining is either lacking or very weak. While the quality of decentralized collective bargaining is undermined by either the weakness of unions or their complete absence from small and medium-size companies, tripartite negotiations offer only general guidelines which are not automatically binding at either sectoral or enterprise level.
 

As far as the EU accession is concerned, this issue is – despite Brussels` calls for the active involvement of social partners - almost exclusively handled by the governments of the respective applicant countries. In some instances even the results of the reviewing of the acquis have been declared confidential by government. This lack of transparency has in effect crippled trade unions in terms of the relevant information, and further weakened their position in the issues relating to the EU accession. As a result, unions are very often not even fully aware of the potential effects of the integration on their specific sector, branch or region.
 

In short, trade unions from the applicant countries are in a difficult position as they are torn between two important tasks – one the one hand, they are expected to take on a more active approach regarding the issues related to the EU integration, and on the other, they are still facing adverse consequences of economic transformation and have to respond to their members` demands regarding the protection of wages, employment, and working conditions. The challenge they are facing is therefore twofold – to strengthen their role in the national-level policy-making arena, particularly in regard to social and economic issues, and to prepare themselves to actively play their part in the accession process.
 

The objective of this paper is to provide trade unions with some practical suggestions regarding the following questions: How could trade unions from the applicant countries build up the capacity and strengthen their role in the national-level social dialogue? How can they use their international networks and partners to promote their influence on the social issues relating to accession? What type of cooperation with their EU counterparts would be most beneficial for preparing trade unions for their future role in European social dialogue? What type of EU projects and services could be utilized to achieve these goals?


Positions of different actors

In general, trade unionists feel helpless in influencing the agenda and decisions of the tripartite meetings regarding both national-level social policies, and issues related to the EU accession. Their positions and proposals have been largely ignored by governments. Their limited achievements feed back and further weaken both the organizational structure of trade unions and their impact on policy making. Low unionization rates, fragmented organizational structure, and declining rates of coverage by collective agreements clearly show the weakness of organized labor in CEE countries.
 

Employer associations also suffer from organizational weakness. In fact, they are probably the least organized side among the three social partners involved in the social dialogue. However, they do not see the clear benefits of the social dialogue, and largely prefer to have bilateral contacts with the unions. At the same time, the policies followed by the transition governments in the three examined countries have been in accordance with neoliberal principles, and therefore have had less of an adverse effect on employers than on trade unions.
 

Governments have managed to preserve the strongest position in the tripartite commissions, and are able to dictate both agendas and decisions of these meetings. Issues related to the EU accession are also almost exclusively handled by governments, with extremely limited participation of the other social partners. When confronted with criticism regarding the exclusionary modes of policy making, governments commonly try to justify their position by referring to the mere existence of the formal structures for social dialogue and collective negotiations.
 

Finally, the EU Commission has repeatedly stressed the importance of the involvement of social partners in the accession process and the development of the social dialogue at national levels. However, since the requirements regarding social policy belong to the group of the so called soft acquis, the Commission can provide only general guidelines while the mode of social policy making depends on the practices utilized by respective national governments. It is in the interest of Commission, however, to ensure that the applicant countries develop the necessary structures for social dialogue and pursue inclusionary modes of policy making. The failure to achieve these goals might in the long run (once the accession materializes) result in instabilities on the labor market and endanger the very functioning of the European social model.


Options for consideration and preliminary recommendations

Although the three CEE countries under review have been actively working on accession strategies to EU membership for years now, the results achieved in the field of the incorporation of social partners (particularly organized labor) in the policy process are far from satisfactory. It is essential that all the actors involved in this process realize potential benefits of a meaningful social dialogue. The experience of some Western European countries that adopted neocorporatist modes of policy-making should serve as a driving incentive. The active participation of the social partners in these countries did not only create the sense of social justice and political stability, but has improved efficiency, productivity, and therefore the competitiveness of these economies in the world market. The review of the current situation of the social dialogue in the CEE countries shows, however, that there is still a long way to go to achieve similar results. While the structures for the incorporation of the social partners exist, they have not been meaningfully utilized. The governments of the applicant countries still enjoy a much more powerful position vis-à-vis the social partners in both domestic industrial relations and the accession negotiations. Moreover, until now, they have not shown any serious intention to significantly alter these arrangements.
 

However, if the current practices prevail, there is a clear risk of social dumping that in the long run can jeopardize the prospects for all the actors involved. Once these countries are admitted to the full membership in the EU, and once the principles of the free movement of labor are activated, the bargaining position of the social partners, especially labor, from the current Member States could be weakened through the possible reallocation of capital and labor. Moreover, as the social exclusion is not sustainable in the long term, the result could be political instability or a high incidence of strikes and protests which certainly would not be in the interest of either national governments nor the EU.
 

Both positive scenarios related to the altering of the existing arrangements, and the more gloomy ones associated with the continuation of the current practices, should serve as a driving force for the establishment of a meaningful cooperation between all the actors involved. The social dialogue should not be perceived as a zero-sum game in which one player wins only if the other loses but as a process that, if based on a solid cooperation and coordination of interests, can bring benefits to everyone. Therefore, it is essential that the actions and programs for the improvement of social dialogue in the applicant countries are undertaken by all the actors involved, and also on both national and the EU level. It would be unrealistic to expect that efforts undertaken by only one set of actors could lead to the fruitful results unless there is a broad-based consensus regarding the goals and objectives. But for this consensus to materialize, both individual and joint actions of different sets of actors are necessary. What follows is a preliminary list of possible recommendations that could serve as a guideline for trade unions from the applicant countries and their partners from the EU in their efforts to protect employees` interests and become more active players in the enlargement process.
 

Trade unions from the applicant countries should develop a much more concrete strategy in terms of enhancing their position within national policy-making, but also in terms of securing their place in the accession process and preparing for social dialogue at the EU level. Drawing lessons from their counterparts from the EU Member States is vital. Promoting the cooperation with the individual trade union centers across Europe, as well as regular contacts with the ETUC and ETUI should be continued. Although the conferences and meetings with the European social partners are useful for promoting the awareness of general problems, discussing different models of social dialogue, and offering various education programs for trade union leaders, their benefits are likely to ensue only in the long run. For these reasons, trade unions should work simultaneously on several activities that could bring about desired outcomes. For instance, it would be useful to establish expert groups that would outline unions’ strategy on the accession, and present it to the government. Taking into consideration the current lack of resources at their disposal, it is obviously difficult for trade unions to attract such experts. However, financial constraints need not be such an obstacle since the funds could be made available through different schemes offered to the applicant countries, e.g. the PHARE program. Therefore, trade unions should try to take on a more active approach in influencing, for instance, their respective ministries of Social Affairs to take into considerations their proposals when applying for EU funds. While the formal structures of social dialogue can be used as one platform for achieving such a task, more effort should be put into establishing informal networks with different government agencies. Building the networks that operate outside of formal boundaries can help the coordination and promote understanding and trust between the actors.
 

The European social partners, in particular the ETUC and UNICE should continue their efforts in strengthening communication channels with trade union and employers organizations in the applicant countries. While the programs they have launched so far represent important steps for the promotion of the European social model, much more could be done to assist the CEE social partners. For instance, expert teams could be delegated for each individual applicant country to closely monitor the developments regarding the transposition and implementation of the acquis. By gaining a deeper understanding of problems on the ground, the European social partners would be able to use their expertise in a more practical way. Moreover, they could make this information more transparent by presenting it to the Commission and requiring its assistance regarding the concrete measures to be undertaken. More critical and in-depth reports would enable the Commission to take on a somewhat harsher stance towards the governments of the applicant countries during the negotiations. Repeated calls for the inclusion of social partners in the accession process and the implementation of the acquis have not so far proved to be sufficient. Therefore, annual reports that evaluate the progress that individual applicant countries make in the social field should take a more critical stance and be based on a much more rigorous examination of the developments on the ground. In this respect, the ETUC and UNICE expert teams could serve as a valuable source of information. Moreover, similar experts teams could be established within DG Social Policy. These teams then would monitor legislative reforms and implementation in the candidate countries. In the field of social dialogue, their attention should be focused on the legislation governing tripartite commissions, as well as practical functioning of these bodies (e.g. the spectrum of issues negotiated and practical relevance of decisions made in these forums). Such progress reports should then serve as determinants of the speed of the accession process for individual countries.
 

The implementation of the above outlined recommendations is necessary if the social partners from applicant countries - and in particular trade unions – are to further promote the quality of social dialogue at national level, obtain a more meaningful role in the accession process, and prepare themselves for the active participation in the European social dialogue. However, the implementation of the recommendations will clearly depend on means and instruments that are at disposal of CEE unions and their EU-level partners. It is in this light that trade unions should determine what type of action and strategy could be implemented; how could they use EU projects and networks to strengthen their influence in social dialogue and the accession, and ensure the implementation of the social policy acquis; and what type of cooperation with their EU-level partners (i.e. ETUC and individual member states` trade unions) would be most beneficial for achieving these objectives.
 

Taking into consideration the lack of material resources (as well as expertise on the EU accession issues) in most CEE labor organizations, the most efficient course of action is to rely on the available EU programs for the financial support, and on the partnership with the relevant union organizations from the EU for obtaining information, sharing experience, and building-up administrative structures necessary for undertaking and implementing these programs. In particular, the CEE trade unions should consider three (rather under-utilised) EU programs as important means for achieving the above described objectives.
 

The three outlined instruments are not mutually exclusive, and trade unions could therefore concentrate their efforts in utilizing all the instruments by developing project proposals that cover different elements of social dialogue. In this way, they would be able to strengthen their cooperation with unions from Member States, and the EU-level union organizations, such as ETUC. The support from these partners would be valuable not only for exchange of information and expertise, but also for their solid contacts with relevant EU bodies who could then be more actively involved in persuading the respective applicant countries` governments in the importance of social dialogue in the enlargement process. Moreover, projects oriented on preparation of the participation in European social dialogue would develop ties with relevant employers associations. In this way, such projects could serve as a starting point for recognizing potential benefits of the solid social dialogue practices for all the actors involved. However, the basic prerequisite for the achievement of the proposed objectives is the unity of the respective CEE trade unions. Developing the ability to speak with one voice regarding the issues of social dialogue and the enlargement rests solely on the willingness of respective unions to realize the benefits of solid inter-union cooperation. This is especially important in countries where deep inter-union conflicts might hamper the success of such projects. In such cases, strengthening the unity of organized labor should therefore be the first step.



Sabina Avdagic; created: 10-03-02.

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