Industrial relations - Information and consultation of employees in the European Union_Christian...
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Transcript of Industrial relations - Information and consultation of employees in the European Union_Christian...
National practices of information
and consultation
ETUI _ Dublin – 1 March 2013
Christian Welz
Eurofound – European Foundation for the Improvement of Living and Working Conditions
www.eurofound.europa.eu
1. Terms of reference
2. Key outputs
3. Analytical framework and country studies
4. Analytical report
5. Case studies
6. Conclusions
7. Policy lessons
TOC
• to map, analyse and assess recent experiences in
practice of I&C at national level in context of
Directive 2002/14/EC
• to build upon, complement and deepen findings of
2010 EIRO comparative analytical report
• impacts of directive on national I&C practices
• effectiveness of national I&C practices
• report finalised by end of 2012 by
J. Donaghey, M. Carley, J. Purcell, M.Hall_Warwick)
1. Terms of reference and approach
• analytical report
based on desk research including literature review of both
academic publications and policy documents
• case studies
12 company-level case studies
2 in each of 6 MS
analysing practical operation of I&C in differing national
contexts
2. Key outputs
• broad EU-level regulatory standards → national-level
legal frameworks → company-level approaches to I&C
• path dependent national responses to Directive?
• scope for double subsidiarity – enabling adaptation of
I&C arrangements to national as well as organisation-
specific conditions?
• are cases active consulters?
3. Analytical framework
3. Analytical framework
Factor Level Research questions
Path dependency National • Is the Directive a departure from national traditions?
• How have national systems influenced implementation (e.g. single or dual channel; mandatory or triggered right)?
(Double) subsidiarity National/ organisational
• Is there a national template for I&C?• How much scope is there for organisation-
specific arrangements?
Active consultation? Organisational • Do the case studies provide evidence of dialogue with a view to reaching agreement?
• What is the balance between direct communication methods and representative consultation?
• no change or virtually no change:
AT, FR, DE, NL, PT, SI
• minor change
CZ, DK, FI, GR, HU, LT, LV, NO, SK, SE (BE, ES, LU)
• major change
BG, CY, EE, IE, IT, MT, PL RO, UK
4. 2010 CAR
• MS with major change (BG, CY, EE, IE, IT, MT, PL
RO, UK)
greatest effect on incidence in BG, PL and UK
• IE > little change in the incidence
• CY and MT > there no evidence of change
• EE and SK > signs of some overall decline
• general statutory (BG, CY, MT, RO) vs. more
organisation specific routes (IE, UK)
4. Analytical report
• BG, IE, PL and UK
•
use trigger mechanisms (10% of employees)
no significant interest of employees
BG and PL > also TU trigger > more used
4. Analytical report
• MS with minor / no change
variety of moderate upward or downward movements in
the incidence
IT > giving statutory basis to an pre-existing
agreement-based solution
DK, SE > extension to the quite small parts of their
economies not covered by CAs
4. Analytical report
• MS with minor / no change
BE, LU enhanced employee representatives' I&C
rights in some SMEs
EE, SK changed the structure / relationship of their
existing I&C channels
- fall in union-based representation and a rise in
elected representatives
4. Analytical report
• MS with minor / no change
limited scope for CA taking on greater role (CZ, GR, LU)
SE > statute taking on somewhat larger role, yet for
limited proportion of workforce
4. Analytical report
• academic literature
• predominantly English language publications,
focussing mainly on UK and Ireland and CEE
countries
• key themes
• implementation in voluntarist IR systems
• organisational responses to I&C legislation
• implications for trade unions
4. Analytical report
• directive was insufficiently strong to generate major
institutional change in any particular MS
• MS transposed in such a way that their existing systems were
largely protected from change
widespread indifference of the social partners
• thus, effect of implementation was mediated by the national
IR systems in both groups
path dependency played an important role in shaping the effect of
the legislation
4. Analytical report_ conclusions
5. Case study selection
Country IR system Impact of Directive
Denmark Nordic Minor
Greece Mediterranean Minor
Netherlands Continental None/virtually none
Poland Central East European Major
Slovenia Central East European None/virtually none
UK Anglo-Saxon Major
• 2 cases per MS: 1 manufacturing, 1 services
• case studies in companies that
meet national workforce size thresholds for I&C rights
have undergone significant organisational change
have requisite employee representation arrangements in
place
• semi-structured interviews with management and
employee/union representatives
5. Case studies
• organisations engaging with directive generally better
end of practice
• most active in consultation
DenPharma, DutchAirline/Pharma, UKIT, GRBrewery
major organisational changes tempered
• less active consultation
managerial decisions not altered but implementation
changed
5. Case study trends
• managements with culture of supporting active
consultation were more likely to engage meaningfully
I&C
• active consultation meant significant investment into
supports for consultation
• crisis
DenPharma > robust I&C > more & better I&C
UKManU > weak I&C > more managerial unilateralism
5. Case study trends
• impact of I&C directive > limited
• some impact in MS without pre-existing statutory
rights
• no significant upturn in quantity and quality of I&C
bodies
• double-subsidiarity trap
weak legislation > voluntary agreements > little impact
• path dependency > prevalent
6. Conclusions
• directive had a nudging role
encourage organisations to install/strengthen I&C
organisational dynamics
• need for active promotion
• level of "beneficial constraint" > insufficient
national practices do not always ensure the adequate,
effective and timely I&C
• strong role of path dependency & subsidiarity
6. Policy lessons
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