1 EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 29-30 October 2007,...

1EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 29-30 October 2007, Brussels

European Social Dialogue in Tourism

Kerstin HOWALD

EFFAT Tourism Sector Secretary

2

Legal basis for social dialogue at European levelA strong institutional recognition?

Art. 138 of the Treaty

The Commission has a responsibility to promote

consultation of the social partners at community level

and to take every useful measure to facilitate their dialogue,

taking care to ensure a balanced support of both sides.

The Commission consults social partners first

Social partners can engage into a dialogue

Art. 139 of the Treaty

The Community level dialogue between the social partners

can lead, if they wish it,

to contractual relations, including agreements.

The implementation can be made either

by an EU instrument or

through national channels

3

Understanding the mechanisms of Articles 138 & 139

Legislativeprocess

Council Commission Social Partners

Agreement implemented by a Decision

LEGISLATION COLLECTIVE AGREEMENT

No negotiation

or failure

Autonomousagreement

Extensionprocedure

Consultation

Opinions Negotiation

4

European social partners

Cross-sectoral industry organisationsBusinesseurope, CEEP, UEAPME

&Cross-sectoral trade union organisations

ETUC, CEC, Eurocadres

Sectoral employers’ associationsCOPA, HOTREC, FERCO, CEFS …

&Sectoral trade union federations

EFFAT, UNI-Europa, ETF …

Capacity to act in avoluntary way

Being composed of national

organisations recognised

as social partners“representativity”

Adequate structures

5

What forms does the European Social Dialogue take?

Interprofessional social dialogue

Sectoral socialdialogue

committees

TR

IPA

RT

ITE

BIP

AR

TIT

E

EWCTransnationalagreements

Tripartite Social Summit

Macroeconomic dialogue

Cross-industry Sectoral Company

6

33 (+4) Sectoral social dialogue committees

MinesSea fishingAgriculture

Gas (*)Automobile (*)

Non ferrous metal (*)Steel

ChemicalWoodworking

Textile/clothingTanning/leather

SugarShipbuilding

FurnitureFootwearElectricity

Construction

Catering (*)Hospitals

Life performanceInsurance

Inland navigationIndustrial cleaning

HorecaCommerce

Civil aviationBanking

AudiovisualTemporary agencies

TelecomSea transport

Road transportRailways

Private securityPostal services

Personal servicesLocal government

1 Cross-industry social dialogue committee

7

Social Dialogue Committees

0

5

10

15

20

25

30

35

40

1999 2000 2001 2002 2003 2004 2005 2006 2007

Year

8

Possible outcomes of social dialogue

Agreementsestablishing standards

Article 139.2 of the Treaty

Recommendationsconcerning standards

and principles

Exchange ofinformation

Framework agreements

Autonomous agreements

Frameworks of action

Joint opinions

Guidelines and Codes of conduct

Policy orientations

Declarations

Tools

Framework agreement on parental leave, 1995Framework agreement on part-time work, 1997

European agreement on the organisation of working time of seafarers, 1998

Framework agreement on fixed-term work, 1999European agreement on the organisation

of working time of mobile workers in civil aviation, 2000Agreement on certain aspects of the working conditions

of mobile workers assigned to interoperable cross-border services, 2005

Framework agreement on telework, 2002Agreement on the European licence for drivers

carrying out a cross-border interoperability service, 2004 Agreement on Stress at work, 2004

SDA on Crystalline Silica, 2006

250 texts

Framework of actions on the lifelong development of competencies and qualifications, 2002

Framework of actions on Gender equality (2005)Framework of action on TMS (agriculture- 2005)

Guidelines on telework in telecommunications, 2001Agreement on guidelines on telework in commerce, 2001

Code of conduct – Guidelines for European hairdressers, 2001Voluntary guidelines supporting age diversity in commerce, 2002Joint declaration on lifelong learning in the banking sector, 2002European agreement on vocational training in agriculture, 2002Code of conduct on CSR in the European sugar industry, 2003

Code of conduct and ethics for the private security sector, 2003Code of conduct for the European textile/clothing sector, 1997


• Standards agreed at European level = minimum standards

• Non-regression clause: existing better provisions in Member States continue to prevail

!!!


Social Dialogue Committee for the Hotel and Restaurant sector EFFAT – HOTREC (1)

• Joint declaration on EU enlargement, 2002– Principle “The same regulations as laid down in

law and/or collective agreements have to be applied to any worker at a given location”

• Monitoring of the influx of migrant workers in EU Member States, since 2004– Regular reporting in SDC plenary meetings– Respect of Joint Declaration on EU Enlargement



• Undeclared Work, 2007– Joint Declaration on EU Enlargement:

“EFFAT and HOTREC condemn illegal/undeclared work, and support any initiative of their affiliated organisations aimed at avoiding exploitation and social dumping.”

– Presentations of• European Commission • national social partners (DK)• European social partners (construction sector)

– Joint initiative?



• European Qualification Passport, 1996-2007– In discussion > 10 years – Objectives:

• Elaborate a tool for the transparent documentation of qualifications and skills acquired through vocational training and on the job

• Facilitate the cross-border mobility of workers• Better match offer and demand in a sector facing difficulties

with recruitment of workers, particularly SMEs– Monitoring of developments at EU level and in other sectors

(Europass, Metal sector, Engineers)– 2006: joint statement, working group– To be discussed at SDC plenary 12/2007:

• First draft model qualification passport: content, layout, reference list of skills

• Implementation, costs, pilot project


Social Dialogue Committee for the Contract Catering sector EFFAT - FERCO (1)

• Agreement on vocational training in the European contract catering sector, 1999– Principles, e.g.

• equal access to training• no discrimination against employees participating in training

measures• transferability and recognition of skills acquired through training

outside the enterprise • social partners at company level jointly identify training needs,

elaborate training programmes and evaluate the measures

– Monitoring of the implementation of the agreement, e.g. collective agreements in Belgium and France

• Joint declaration in favour of higher food safety and hygiene standards and their proper implementation, 2000– Co-operation between social partners for the constant

improvement of the quality of vocational and continuous training and of the qualification of those working in the industry



• Guide to the economically most advantageous offer in contract catering– Joint assessment by social partners:

• the awarding of contracts to the lowest bid increases the ruinous competition, with negative consequences for jobs and working conditions and the quality of the services provided

– Joint elaboration of a tool to enable persons responsible in companies and administration for the awarding of contracts to

• Identify their requirements in the area of quality• Compare, weigh and assess bids, taking into account price, quality, social and

ecological sustainability• Select the contract catering company with the economically most advantageous

offer – Official launch of the Guide in 1/2006,

• Brochure and interactive website in FR, EN, DE, NL, IT, ESP, HU, (+ SV, PL) www.contract-catering-guide.org

– Dissemination and promotion of use of the Guide 2006/2007• EU institutions, European associations of potential users• Events by national social partners: Italy, Hungary, Spain, France

– Concluding conference 10/2007– Joint initiative with cleaning, private security and textile for promotion of

‘selecting best value’ principle at EU level, coordinated by EU Commission

http://www.contract-catering-guide.org/



• EFFAT-FERCO Agreement on Corporate Social Responsibility (CSR) in the Contract Catering sector, 2007– Contract Catering companies are not only responsible for their

products and services, but also for the conditions under which these are produced

– CSR implies the respect of existing legal requirements and collective agreements, and the will to go beyond legal and contractual frameworks

– CSR not an alternative but a complement to laws, collective bargaining and social dialogue

– CSR initiatives are more likely to have a sustainable impact if planning, implementation and assessment of CSR measures are jointly undertaken by management, employee representatives and trade unions

– CSR of suppliers– Collection of examples of good CSR practices and reporting at

annual SDC meeting• Joint Statement on Obesity, 2007

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≈ 2000 companies covered by EWC Directive with 16 million workers ≈ 10% of all workers in the European Union≈ 800 EWCs set up ± 10 million workers are actually represented in an EWC≈ 100 EWCs in EFFAT sectors (food and hospitality/tourism)

workers from companies

affected by the EWC directive that still have

to establish an EWC38%

workers represented in

an EWC62%

Source: ETUI-REHS EWC Database/EFFAT

European Works Councils


European Works Councils in Tourism

Hotels Catering Fast FoodAccor Aramark * AutogrillHilton Compass CarestelRadisson SAS Sodexho McDonald’s *Starwood/Sheraton Elior Yumm! *Club Méditerrannée Gate GourmetSteigenberger LSG SkyChefsInterContinental * SSP (nego)Corinthia Hotels (nego)Scandic (nego)

Tour OperatorsTUI + First ChoiceThomas Cook + My Travel


EWCs – beyond information and consultation

EFFAT policy on EWC:• EWC coordinators• max. trade union involvement (members, coordination, experts)• integration new Member States• consultation!• gender equality• revision of EWC Directive

Accor:Agreement on Trade Union Rights

Club Méditerranée:Joint declaration on subcontractingAgreement on workers’ rights and mobility

Sodexho:Annual reporting on social situation


EFFAT Tourism Sector - other items

• Organising / recruitment of trade union members• Mutual recognition of trade union membership• New forms of investment capital• Migration• Mobility of workers• Undeclared work• Seasonality• Health & safety• Harassment / violence at work• Gender equality• Sustainability


European Trade Union Liaison Committee on Tourism (ETLC)

Cooperation platform of all trade unions representing tourism workers EFFAT, ETF, UNI Europa, IUF, ITF, UNI(hotels, restaurants, transport, travel agencies, tour operators)

– Raise awareness amongst decision makers at European level of specific interests and needs of the workforce in tourism

– Exert influence on European tourism policies– Speak - whenever possible - with one voice– Strengthen cross-border cooperation between trade unions

representing workers in the tourism sector– Coordinate TNCs / EWCs in travel, transport and tourism

with cross-sectoral dimension– Organise annual conferences– ETLC Internet portal www.ETLC-network.eu

http://www.etlc-network.eu/


THANK YOU !

Kerstin HowaldEFFAT

Rue Fossé aux Loups 38BE - 1000 Bruxelles

Tel: 0032 2 218 77 30Fax: 0032 2 218 30 18

[email protected]

mailto:[email protected]

http://www.effat.org/

1 EFFAT-ILO Seminar „Strengthening Social Dialogue in the Tourism Sector“, 29-30 October 2007,...

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