International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

August 2015

NOTES ON SOCIAL DIALOGUE

Since 2010, members of the AICESIS and other institutions, at the invitation and with the support of Dr. Martha THEODOUROU (OKE of Greece, AICESIS Chargée de mission on communication), have prepared notes on the social dialogue and their own roles in their respective countries.

These documents give a lively and concrete overview of the diversity of social dialogue practices for the following 34 countries from four continents where the AICESIS is represented:

- ALBANIA June 2010

- ALGERIA November 2014

- ARMENIA September 2011

- BENIN October 2013

- BOSNIA-HERZEGOVINA January 2011

- BRAZIL February 2012

- BULGARIA May 2015

- CAMEROON (in French) July 2015

- CHINA November 2013

- CROATIA November 2010

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- CURACAO September 2012

- CYPRUS April 2010

- FINLAND March 2014

- FYROM December 2010

- GUINEA November 2012

- IRELAND January 2014

- ITALY May 2015

- KENYA June 2014

- KOREA May 2012

- LUXEMBOURG February 2015

- MALTA February 2014

- MAURITIUS March 2012

- MEXICO July 2012

- MONTENEGRO September 2010

- MOROCCO July 2015

- NIGER (in French) July 2015

- ROMANIA January 2013

- RUSSIA November 2011

- SENEGAL January 2012

- SERBIA July 2010

- SIN MAARTEN April 2014

- SLOVENIA May 2011

- THAILAND May 2013

- TURKEY May 2011

All these 34 notes were published in the AICESIS newsletter and are available upon request at the AICESIS Secretariat (aicesis@aicesis.org) or directly on the AICESIS website www.aicesis.org

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International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

June 2010

The Social Dialogue and the National Labour Council of Albania

(Text prepared by the Ministry of Labour, Social Affairsand Equal Opportunities, Tirana, Albania)

The National Labour Council (KKP) of Albania is a tripartite consultative body. The Council has a wide participation of government and social partners (Trade Unions and Employers' Organizations). The main purpose of the National Labour Council is to establish and initiate the social dialogue in social, economic and labor legislation.

The National Labour Council must assure that consultation is designed and operates on a permanent tripartite basis. The National Labour Council is supported also by partners. Thus social dialogue takes place at the multilateral level and also at the bilateral. In the bilateral level, social dialogue is regulated mainly by the collective labor contracts. Specifically there are 27 collective agreements in the branch-level profession, and a large number of collective contracts signed at enterprise level. Social partners are constantly consulted for important Strategies, such as in employment and vocational training, equal opportunities, the policies of salaries and pensions, and the Review of Code of Procedure of the Republic of Albania.

The National Labour Council represents the highest tripartite social dialogue at national level. The legal basis for operation is Article 200 of Law Nr.7961, date 07.12.1995 "Labor Code of the Republic of Albania "(as amended), also Decree no. 730, dated 11.06.2003 "On the functioning of the National Labour Council and the appointment of representatives to the Council of Ministers in the Council".

As emphasized, the maintenance of social balances through the harmonization of the interests of the parties, aims to achieve social understanding in all spheres of social dialogue, between Government and social partners to minimize social conflict and to reach agreements.

The National Labour Council is composed of 27 member; seven members (ministers) and employees, and employers' organizations represented by 10 members. The Council consults on issues and implementation of labor legislation, changes in the code and content of laws, policies and national bodies dealing with employment, vocational training, employment protection, hygiene and technical provision,

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manufacturing, welfare programs of economic and social development and the application level of International Labour Organization (ILO).

The Organizations of employees and employers, determined by the decision of the Council of Ministers every three years, are based on indicators of representation.

Chairman of the National Labour Council is the Minister of Labour, Social Affairs and Equal Opportunities.

The National Labour Council has its own independent budget and conducts meetings in accordance with the program approved by him or by written request of any party.

Employee Organizations participating in the KKP are as follows:

1. Confederation of Trade Unions of Albania (KSSH)2. Independent Trade Unions of Albania (BSPSH)3. Union of Workers' Trade Unions of Albania (USPSH)4. Trade Union Federation of Commerce, Banking and Services Albania (FSTBSH)

Employers' organizations taking part in the KKP are as follows:

1. Employers Council of Organizations of Albania (KOPSH) 2. Union of Albanian Business (BOBSH) 3. Confederation of Employers Organizations Council (KOP)4. Constructors Association of Albania (SHNSH)5. Union of Industrialists and Investors Albania (BI & ISH)6. Albanian Konfindustria

Representation criteria for organizations of employers and employees in national tripartite bodies are set out in Decision nr.730, dated 11.06.2003 "On functioning of the National Labour Council and the appointment of representatives of the Council of Ministers in the Council".

The Council makes relevant recommendations to the Council of Ministers, through the Minister of Labour, Social Affairs and Equal Opportunities. Near the National Labour Council are six tripartite committees (Legal Committee, Committee on Employment and Training, Wages and Pensions Committee, the working conditions, Health and Safety at Work, Equal Opportunities Commission and Commission of Economy and Finance). The Committees examine the matters before going to for consideration to the National Labour Council. The National Labour Council has a Secretariat coordinating the work and the meetings.

In recent years, the meetings of the National Labour Council were consulted on important topics for social partner such as: Strategies on fields of Employment, Equality, Health and Safety as well as issues of Unfair Competition, State Labour Inspectorate, energy situation, social dialogue in education, social security, the Draft, "National Framework for Qualifications and also delved into the issues of statistical information on collective contracting and comments in legislation. The National Labour Council cooperates with other advisory bodies and task holders in the field of social dialogue.

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International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

November 2014

Social Dialogue in Algeria

(An article prepared for the AICESIS newsletter

National Economic and Social Council of Algeria, CNES)

In what extent can the social dialogue be a modern and efficient tool of governance?

1. About the social dialogue in Algeria

Even though there is no unanimity about one single definition of the social dialogue, the ILO gives it a large connotation which englobes “all types of negotiation, consultation or simply an exchange of information between representatives of governments, employers and workers on issues having a common interest pertaining to economic and social policy”. Whether it be on national or regional level, or within companies, this concertation can be informal or institutionalized or combining both aspects.

Algeria’s strategy of development is based on an approach in which the social dialogue is considered as the best way to determine the failures both within markets and public policies. In this way, Algeria has organised since the nineties not less than thirty (30) dialogue meetings between the social partners and the government, either in bipartite or tripartite forms. Since the year 2000, the three-party system has become one of the main forms of social dialogue in Algeria.

Besides, since the year 2000, the national economy has begun to recover its balance by registering positive growth rates, actually supported by public expense, and favoured particularly by oil price increase (around 90 US$) and good farm crops. This allowed having the necessary funds to initiate large programmes of public investments (PSRE 2001-2004, PCSC 2005-2009, PCEMI 2010-2014).

Simultaneously to the improvement achieved in the country’s financial solvency, the interest was more dedicated to the problems of unemployment, purchasing power, salaries and retirement pensions, and shortfalls in public services and infrastructures.

It is in this prospect that the involved parties (Government and social partners) elaborated in 2006 a national economic and social pact and that tripartite meetings

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(16) gathering the Government, the workers’ union (UGTA) and the representatives of employers were instituted in order to exchange views and approaches, to build a development project based on consensus and to identify where required necessary adjustments to the implemented policies. The central element of the pact was social development and the protection of vulnerable social classes.

The different meetings for dialogue made it possible to conclude a number of agreements on both economic and social levels. As regards the wages, between 1990 and 2014, many pay increases allowed the national minimum guaranteed wage to pass from 10.000 D.A. to 18.000 D.A.

As for the wage agreements, they amount to more than 11.000 during the same period. These agreements signed in the economic sector (private and public) concerned a global number of more than 6.000.000 employees and generated an average rate of increase of about 50%, including increase in wages, premiums and allowances.

Regarding the rise in the retirement pensions, it has been the main theme of many tripartite meetings during the last decade. This shows the importance granted to the social category of retired workers. These meetings which resulted in rises spread out according to the importance of pensions and retirement allowances have concerned more than 2.500.000 salaried and non-salaried retired employees.

2. The social dialogue within the framework of economic revival

Presently, Algeria has a stable macroeconomic framework which has been reinforced over a decade. It is also characterized by a positive evolution of the economic fundamentals. With a 3.1% rhythm in the economic growth and inflation reduced to 3% in 2013, Algeria is about to initiate a new plan of development as from 2015 oriented to the diversification of the economic structure and social justice.

Actually, benefiting from a social stability and a progressive restoration of the national cohesion during the years 2000, a global strategy has been adopted, based on two main pillars: economic growth and the promotion of human development.

In the context of the economic development strategy, two main objectives are targeted:

a) Complete the structural transformations through:

- a financial development equal to the expansion in the national savings through the modernization and the opening of the banking system, as well as the promotion of a financial market.

- restructuring the functioning system of the economic land market in order to improve access to the economic operators;

- and a better regulation of the markets of goods and services so as to intensify competition and reduce the segments of informal activity.

b) Speed up the economic growth through implementing a policy designed to boost productive capacities centred on the following:

- the adoption of laws encouraging private investment;- Call for international investment and consecrate the principle of non-

discrimination between the private local and international investing;

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- Reinforcing the private sector’s capacities in view to intensify competition in the face of markets opening instituted by different regional agreements of free exchange;

- Levelling and boosting public companies in priority sectors, as well as opening their capital in the context of a public-private partnership which preserves employment and develops the company’s activity;

- Implementing a national policy to promote public scientific research and industrial innovation, and setting conditions for the emergence of a national system of innovation.

The social dialogue is established as a reliable and efficient means for achieving the economic goals of such a strategy. It is dedicated to help improving the elaboration of political measures, contribute to the efficiency of their implementation and reinforce the quality of the expected results.

In the agenda of many tripartite meetings, a number of economic claims have often been at the heart of bargaining: wages; companies’ taxation and investment incentives; reducing the rates of interest on bank credits for the companies; industrial land and informal economy.

In February 2014, the national economic and social pact signed in 2006 was replaced by a new pact aimed at the economic diversification and growth. This pact shall be materialized through the new programme of development planned for the 2015-2019 period.

The last tripartite conference held on 18 September 2014, dedicated to study the implementing conditions of the new economic and social pact, made it possible reach a consensus on a number of axes, namely:

- the encouragement of investment, - the establishment of the consumer credit for the acquisition of national

products;- the providing all the conditions for reaching a minimal economic

growth rate of 7% by 2019;- and a special interest on training and qualitative human resources (the

signing of an agreement between 15 ministerial departments, the Workers Union (UGTA) and 6 employers’ organisations.

3. The role of the CNES in the consolidation of the culture of social dialogue

Fully involved in this approach which makes of the social dialogue a privileged means to achieve a development with the contribution of all national fractions and trends, the CNES was brought to carry out a number of initiatives to ensure a space of concertation for all the forces of the society.

In 2010, on its own initiative, the CNES organized a national conference on the estates general of the civil society. This conference gathered more than a thousand representatives of associations, workers’ unions, employer’s organizations, socio-professional groupings, and the Algerian community living abroad, among others. The conference was crowned by a final common declaration and the elaboration of a charter of the civil society. A report containing proposals and recommendations stemming from these meetings was transmitted to the highest authorities. One of the major recommendations of this national conference is the necessity to involve the civil society in the process of the economic and social development of the country.

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In 2011, on formal request of the President of the Republic, the CNES organized a national dialogue on local development and citizens’ expectations. A series of meetings were held in all the regions of the country, gathering all the local actors who expressed themselves about how to improve their living environment. These consultations allowed the CNES to address to the President a report containing fifty recommendations pertaining to the development of the local territories, with an executive summary on how to implement these recommendations.

Moreover, the CNES, as a representative of the civil society, was invited to participate to the 15th and 16th tripartite conferences held respectively in December 2013 and February 2014. These conferences allowed the social partners to exchange points of view on the mechanisms that would help to diversify the national economy and preserve the citizens’ purchasing power.

The CNES means to continue and intensify its activities, within the limits of its mission as a consultative body of dialogue and concertation on economic and social issues, through investing more in the new technologies and by resorting to the facilities they provide, such as on-line forums and other virtual networks for exchanging and sharing views. For this purpose, the CNES relies upon the capacities of its human resource in the field of the mechanisms designed to reinforce social dialogue, and the support of economic and social councils and similar institutions having acquired proven experience in this field.

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_____________________

International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)September 2011

Social Dialogue and the Public Council of Armenia

The Public Council of Armenia (PCA) was established on 12 July of 2008. The PCA has the status of a consulting body. It was created by taking into account the wishes of various social groups, so as to improve the internal political situation and to promote the consolidation of civil society in the country.

The main mission of the PCA is to be an entity that enables the Government to bring its actions in line with the public expectations, while at the same time providing leverage to the general public with regard to government policies.

Employing the skills of professional and experienced individuals working in non-governmental bodies, the PCA assists the society in gaining an immediate participation and the chance, not only to inform the government about the society’s concerns, but also to impact the decision-making processes, insuring the expectations of those concerned are met.

Furthermore, having the authority of securing public control over the undertakings of state and local authority bodies, the PCA has had a tangible impact on the decrease in corruption and illegitimacy, on the protection of the lawful rights of the citizens and on fostering the moral – psychological atmosphere in the country.

As a depoliticized entity, the PCA is grounded in the principle of a pro bono participation of Armenian citizens and civic associations and of representatives of the Armenian Diaspora. Addressing the issues of public concern, each committee actively works holding sessions and establishing working groups with a view to reviewing the issues related to a given area. 130 members of the National Academy of Sciences, doctors of science and professors and 329 holders of a Ph.D. degree work in the Public Council on a pro bono basis. 422 of committee members are from the country’s regions. 32.7% of the committee members are women.

Recognition of the important role of the Public Council in the public life of the country has led to amendments in the regulations of the National Assembly and the Government thereby enabling the Public Council to take part in the work of those bodies and to present its position.

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The goals of the PCA are:

Representation of interests of the Armenian citizens and non-governmental associations in State policy formulation and implementation;

Identification and discussion of problems that emerge in various areas of State and public life;

Provision of recommendations for State bodies and for public at large; Establishment of traditions that contribute to consolidation of civil society; Support for civic initiatives that aim to protect rights, freedoms and legitimate

interests of Armenian citizens and civic associations.

Organization and functioning of the PCA

The institution consists of 36 members and 12 area committees. 12 out of the 36 members were appointed by the Order of the President of Armenia and were tasked with setting up 12 sectorial committees. 1200 non-governmental organizations delegated about 1950 of their representatives to those committees. At their sessions the committees elected chairpersons who became the other 12 members of the Public Council. The last 12 members were elected by 24 members of the Public Council. The designation and nomination of PCA members can be made either by the President of the Republic, or by the President of PCA.

1950 members involved in the PCA committees represent over 1200 non-governmental organizations (NGOs), unions, associations and foundations; Regions of the country are represented by 422 members (21.7%), and the number of female members is 635 (32.7%). 329 candidates of sciences and 129 Doctors of Sciences/professors serve in 12 sectorial committees of the PCA. The age-group breakdown of the PCA sectorial committees is as follows: 18-30 age group - 17%; 31-45 age group - 21,9%, 46-60 - 36,7%, and 61 years old and over - 24,4%. In the framework of the PCA activities, 66 subcommittees function, and working groups are formed to discuss specific issues.

According to the PCA Bylaws, the Public Council of Armenia discusses raised issues and adopts decisions thereof at its plenary sessions.

The PCA Chairman may also submit his conclusions and recommendations on the raised problems. In addition, the PCA committees have the power to submit independently issues, conclusions and recommendations to the relevant state authorities.

The PCA is competent to undertake expert evaluation of the Armenian laws and other normative Acts and to hold consultations and hearings with regard to those problems, laws and decisions, which have received much public attention, and to involve citizens and representatives of civic associations and mass media.

During these 3 years PCA has held a number of plenary sessions, various issues were heard and discussed and decisions and recommendations were adopted. A part of the aforementioned items was selected from among numerous issues raised by the public, once they passed respective discussions at respective PCA sectorial committees. The remaining part of issues was raised by the PCA members.

The RoA President raised two issues for consideration of the PCA, namely, “On Declaring an Amnesty” and the pre-signed protocols of 31 August 2009 “On the Establishment of Diplomatic Relations between the Republic of Armenia and the

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Republic of Turkey” and “On Development of bilateral relations between the Republic of Armenia and the Republic of Turkey”. Those issues were discussed in all PCA committees and respective decisions thereof were adopted.

The working group of the PCA, in collaboration with corresponding subdivisions of the RoA National Assembly and the RoA Government, has introduced amendments to the regulations of the RoA National Assembly and the RoA Government, which would allow the PCA members to participate in the discussions of the above-mentioned state authorities. [Note: The amendments have been already made in the agenda of the RA Government and are in progress in the agenda of the RA National Assembly].

Some of the most significant achievements of the PCA

Having discussed the issues in the area of agriculture, the PCA reached the conclusion that the best scenario for the solution of those problems is the promotion of agricultural cooperatives in Armenia. Taking into account also the relevant experience existing in the world, the PCA launched the cooperative movement in the country. A working group, and then the PCA Committee on Agriculture and Environment were established within the frameworks of the PCA. As a result, the above-mentioned recommendations were incorporated in the "RoA strategy of sustainable agricultural development for 2010-2020.

Recommendations were sent to the National Assembly to create draft laws regarding the trade unions that will protect workers’ rights and will create favorable conditions for further evolution of trade unions.

In 2008 focusing on the issue of amnesty, which was discussed by general public and mass media, the PCA organized mass discussions of the issue. As a result, recommendations were made and the groups eligible for amnesty were identified. Those recommendations were submitted to the Armenian President and most of them were incorporated in his recommendation presented to the National Assembly of the Republic of Armenia with regard to declaring an amnesty.

Recommendations were sent to the Government regarding the Public Education. The package was discussed during the meeting with the RA President, with the participation of the RA Minister of Education and Science. A part of recommendations included in the package was accepted the RoA Ministry of Education and Science.

Another issue that aroused public concern in the country was that of content of the Armenian TV programs. Numerous non-governmental organizations and individual citizens expressed their deep discontent over the current quality of the TV programs. The Public Council set up a working group engaging professionals from that field. In conformity with the principle of freedom of speech, the working group came up with a Charter that lays down the ethical principles that the TV broadcasters in the Republic of Armenia should comply with in their operation. Almost all TV companies signed the Charter. At present the representatives of TV companies established a monitoring group within the framework of the Charter that will further clarify the application of the norms outlined in the Charter.

Establishment of the National Partnership Network (PCA Committee on Entrepreneurial Activities and Consumers’ Affairs). The RoA Government adopted a decision regarding this recommendation on the establishment of the National Partnership (NP) Foundation, jointly with the “National Partnership” NGO

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Recommendations on electronic communication regulation issues were submitted to the RA Government and the RA Public Services Regulatory Commission

Recommendations were sent to the Constitutional Court to make changes in the law regarding the implantation of human organs and cells.

Decision regarding illegal actions of the staff members of one of the schools for kids with special needs against students of the same school; and ensuring impartial process of criminal cases instituted against the journalist, who brought up this issue into the attention of public. As a result, accusations brought against the journalist were removed and individuals having committed illicit and immoral actions were accounted to criminal liability and sentenced.

Various recommendations were also made concerning the problems of the capital city, related to environmental issues, city transportation, underground infrastructure, aseismic stability, etc.

ESCs and the PCA

Highlighting the important role of the AICESIS, the PCA believes that the establishment of bilateral relations between the member organizations will not only contribute even more to the works done by this institution, but also will highly contribute to the strengthening of the dialogue between governments and civil societies of the member countries.

Hence, in the framework of AICESIS, the Public Council of Armenia has signed bilateral agreements with the Civic Chamber of Russian Federation, the Economic and Social Council of Portugal and the China Economic and Social Council. The PCA is in the process of signing a tripartite agreement with the Civic Chamber of Russian Federation and the National tripartite Social and Economic Council of Ukraine. In the near future bilateral agreements of cooperation will be signed also with the Economic and Social Council of Greece, the Economic and Social Council of Monaco and the Social and Economic Development Council of Brazil.

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_____________________

International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)October 2013

The Economic and Social Council of BeninWays, means and scope of dialogue with the civil society

Introduction

The Economic and Social Council (ESC) is a consultative Assembly which appeared in the institutional universe of the French speaking countries few years before the colonies became independent. Inspired by the French model, its creation was impacted by the various socio-ideological movements of African Governments.

In Benin Republic (former Dahomey), the ESC was instituted by the 28 th February 1958 Constitution. Concretely, the first experience of Benin ESC took place in 1969 but unfortunately lasted for a very short period (six (6) months) because it was interrupted by 10th December 1969 coup.

Reintroduced by the 11th December 1990 Constitution, Benin ESC resumes its activities in 1992. But in actual fact it was only in May 1994 that a new experience of ESC was re-launched and still continues till today; this is a proof that it plays an important role within the Constitutional Institutions of the Republic of Benin.

A- The legal and statutory framework

The Economic and Social Council of Benin is governed by 16th July, 1992 Law N° 92-010 which is the Organic law of the ESC. The current ESC is in the fourth term in office.

The Missions and attribution of the Economic and Social Council are stated in the 1 st

Article of the above–mentioned Law which states as follows:

The ESC gives its views on bills, edicts or decrees as well as private bills which are submitted to it; It compulsorily gives its views on bills relating to the economic and social fields; It could be consulted by the Head of State on any issue relating to the economic, social, cultural and technical domain; It could on its own, through recommendations, draw the attention of the Parliament and the Government on economic and social reforms which seem in line or go against the general interest;

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It can also in the same conditions give to the Government its views on the execution of plans or programmes related to the economic and social fields.

The Economic and Social Council is therefore a consultative assembly which gives its views and makes recommendations to the Government and the Parliament on economic, social, cultural, environmental, technical and scientific issues.

A- Composition of Benin ESC

Benin ESC is made of 30 members. They come from local authorities, socio-economic forces and the Civil Society organisations. They are represented as follows:

a- Designated personalities (05) 3 by the Head of State 2 by the Board of Parliament

b- Elected Personalities (25) 04 by the employers’ organisations 04 by the Trade Unions or workers’ organisations 06 by development associations (on the basis of 01 per former Region) 02 by artisans’ organisations 01 by artists’ organisation and cultural presenter, 02 by sport federations 02 by liberal professions 02 by researcher organisations 02 by civil society organisations.

Since ESC members are not elected through universal suffrage, the ESC holds its legitimacy from the quality of its representatives. Such diversity in the representation is based on two principles:- All economic and social activities are represented;- So far as the activity is integrated in a representative national organisation, the latter has the power to designate the members who will represent the concerned activity within the institution.

Since it is made of all the socio-professional categories, the ESC is an entity to which the notion of consensus is of a great importance. It is a privileged and an excellent framework for consultation, exchange and social dialogue. With this open approach, it is easy for it to collaborate with Benin civil society when carrying out some of its activities.

c –Summary of some major activities carried out during the 4th term in office

In order to diversify its activities, the Benin ESC carried out some activities with the civil society of Benin which are as follows:

The international seminar on the 50th independence anniversary of BeninThe Economic and Social Council organised on 27th , 28th and 29th July 2010, with the support of the Government of Benin and the United Nations Development Programme (UNDP), in Cotonou Palace of Congress, an international Seminar on the 50th independence anniversary of Benin on the theme:’’ 50th anniversary and the issue of prosperity in Benin.’’

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This seminar which was organised within the framework of the 50th anniversary of the Independence of Benin witnessed the participation of all the major components of the Nation within which the civil society is highly represented.

Apart from its evaluation of the political, economic and socio cultural situation, the objective of the seminar was to determine a series of orientations and strategic action programmes that will give a new dynamic to Benin development for the coming decades. A the end of the seminar, recommendations were made and were well received by Benin Government, the civil society, official bodies and the Technical and Financial Partners.

The International Seminar on « the Role of Economic and Social Council as promoters and actors of the implementation of the Global Jobs Pact”

The seminar was held from 12th to 13th October 2010 at the Cotonou Congress Palace. It was jointly organised by the Economic and Social Council of Benin, the International Labour Organisation (ILO), the International Association of Economic and Social Councils and Similar Institutions (AICESIS) and the Union of African Economic and Social Councils and Similar Institutions (UCESA).

The objective of the seminar was to popularize and to put into effect the Global Jobs Pact through the capacity building of ESC members and the institution of a true partnership between the various parties that adhered to the pact. The authorities and staff of Benin ESC rallied toward the organisation of the seminar with the support of NGO’s managers who are active in local governance and in the promotion of youth employment. It also got the support of the International Labour Bureau as well as the officers of African and European ESC. The over hundred participants who took part in the seminar, follow with great interest the various stages of the seminar which ended on a commitment made by the ESC present at the seminar called ‘’The Declaration of Cotonou’’. The implementation of such Declaration was translated some months later, in April 2011, in Dakar in Senegal, into the adoption of the recommendations and actions proposed in the form of a document entitled: ‘’Dakar Road map’’.

The national public awareness campaign for appeased elections in Benin in 2011

Within the framework of the presidential and parliamentary elections held in Benin in 2011 and in its quest to contribute to the consolidation of democracy and to create an appropriate climate for the organisation of free and fair elections which will be accepted by all, the Economic and Social Council, in collaboration with the High Commissioner for Concerted Governance with the support of the United Nations Development Programme, organised on 27th January, 08th and 10th February 2011, a national campaign to increase public awareness for peaceful elections. The objective of such campaign is to let peace prevail before, during and after the elections.

Cotonou, Parakou and Abomey were the three big cities chosen to organise information and communication sessions through messages to the Nation, sketches, singing by artists and cultural activities’ groups.

Cotonou held the official launching ceremony of the national campaign of awareness for peaceful elections in Benin in 2011. The political authorities and all the socio-professional categories were invited. On the occasion peace, tolerance, dialogue and

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friendship messages were sent to citizens and to political actors during the election period.

In Parakou and Abomey, the same message was sent to the populations. On those various occasions, the latter have been asked to contribute to the consolidation of democracy and to institute an atmosphere conducive to the organisation of free and fair elections that will be acceptable to all and to fight at all cost pride, selfishness, intolerance and lack of pardon.

All the speeches were translated into local or regional languages. Therefore the ESC played an active role in the social mobilisation for peaceful, free and fair elections in Benin.

Contribution towards the resolution of social crisis

The Social and Economic Council has an old tradition as regard the resolution of social crisis. The fourth term also sacrificed to this tradition. For that matter, it was implied in the various crises which cropped up in Benin previous years especially between the government and the central Trade Unions.

In fact, the 2010 University teachers strike was threatening the academic year. It became urgent to act on the matter. Within that framework, Benin ESC took the initiative to undertake negotiations with the trade unions of higher education. Their claim aimed at improving their living and working conditions as well as improving upon teachers and students research and training conditions. After several meetings, organised under the supervision of the President, the ESC was able to bring the protagonists to the negotiation table. The different parties at stake, that is, the Government and the Trade Unions, reached a compromise which led to an agreement. Finally, the University teachers’ salary was increased and this brought the crisis to an end.

The intervention of the ESC had also been beneficial in October 2010 when a crisis which led to a lot of strikes cropped up in the Finance Administration. The strikes were launched by the Federation of the Finance Workers Trade Union following the disappearance of one of their colleagues: ’’DANGNIVO Affair’’, this crisis last for eight (8) months and its consequences on the State finances were obvious. Finally, the consensus triumphed and the finance administration went back to work.

In the same year, the ESC also intervened in the health sector which was experiencing strike without minimum service. The Economic and Social Council played it part and the Front of United Health Trade Union which started the strike finally put an end to it.

That same year 2010, when the teachers of the public nursery, primary and secondary schools went on strike, the ESC became very active in the negotiations with their Trade Unions and the Government in order to avoid a new crisis. With the help of the ESC, all the parties at stake went to the negotiation table and started the dialogue to solve the issue.At this very moment, the ESC is trying to resolve a crisis that has cropped up at the Benin Chamber of Commerce and Industry.

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Benin ESC national solidarity gesture following the flooding

Benin witnessed these last years the real impacts of climate change. This was shown through flooding that destroyed crops and rendered thousands of Beninese homeless in some regions of the country. Cotonou, the economic capital was also affected. Within that framework, Benin ESC made toward the populations who were affected, national solidarity gestures by giving them financial aid and wise advice. All the High Counsellors were in the field in all the regions affected by flooding to give good advice to the population who were in need of information on how to live in a hygienic environment in these crucial moments. Real exchanges sessions took place using Information, Education and Communication (IEC) steps. All these actions consolidate the dialogue framework in our country and show how Benin ESC is useful for Benin State. But how is Benin ESC able to implement all these actions?

Activities implementation mechanisms

The following has to do with the ways and means the Institutions use to make a successful dialogue with the civil society.To be precise, we could say that the ESC use the following means to achieve its objectives:

All inclusive social dialogue: all the parties implied in the issue are taken into account during ESC negotiation process or during the exchanges made to diagnose the sources of the problem and to find solution to it.

Negotiation: As soon as a crisis crops up, the ESC activates an automatic internal alert system to monitor the situation. As soon as it seems to become serious, contacts are made in order to start negotiations with the real actors or legitimate representatives of the parties in conflict.

Social management and marketing: Benin ESC is made of a panel of personalities full of real and divers experiences. Counting on those various personalities, each in his domain, the ESC is able to find the ways and means to solve the problems of Benin Nation.

Defence and Lobbying: the way the managers lend an ear to issues at all levels as well as the know-how of the members of the Board of Meeting and of the President, enable to solve a lot of problems leading to peace keeping in our country. The Conference of Constitutional Presidents of the Republic is a perfect melting pot to discuss crucial issues facing our country. In order to prevent as well as to solve important problems facing the Nation, issues are discussed and concrete, objective and patriotic proposals are made.

Partnership: Having great ideas is good but the most important thing is to have the means to implement them. That’s why, we are seizing this opportunity to thank Benin Government which has always given its support to the ESC‘s activities as well as the Technical and Financial Partners such as UNDP, ILO, UNDESA, AICESIS and very soon IOF.

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Conclusion

Far from confiding itself in its constitutional role that is to give its consultative advise or view to the Government or to the Board of the Parliament, on economic, social, cultural, environmental and technical issues, the Benin ESC embarked on various development activities. In order to keep a social watch, the Institution works every day to facilitate social dialogue and intervenes when need be to facilitate the resolution of crisis.

The Institution intervenes in order to prevent conflicts and promote good governance and preserve social peace.

In view of all these activities, it is easy to realise that the Economic and Social Council plays an important role in the constitutional and institutional universe of Benin.

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International Association of Economic and Social Councils and Similar Institutions

(AICESIS)

January 2011

SOCIAL DIALOGUE IN BOSNIA AND HERZEGOVINA

Starting from the constitutional and legal arguments that Bosnia and Herzegovina (hereinafter: BiH) is a state composed of two entities - the Republic of Srpska and the Federation BiH - and the Brcko District BiH as a condominium in equally-owned entities - the legal foundations of social dialogue in Bosnia and Herzegovina are contained in the constitutions of the entities and international legal acts which are an integral part of the General Framework Agreement for Peace in BiH, as well as those ratified by the legislative authority of Bosnia and Herzegovina.

Also, closely related to the implementation of social dialogue as a basis for achieving social stability and reducing social conflict, is the right to freely organize trade unions and employers organizations, which is also found in these legal acts in force in Bosnia and Herzegovina. According to the Constitution of BiH, entities have significant jurisdictions, among other things, in the part that relates collective bargaining and labor legislation.

Accordingly, based on the entities` labor laws and Labor law of the Brcko District BiH, on tripartite principle - government, unions and employers have formed the Economic and Social Council of the Republic of Srpska, Economic and Social Council of the Federation and the Economic and Social Council Brcko District.

1. THE REPUBLIC OF SRPSKA (RS)

Economic and Social Council of the Republic of Srpska (hereinafter: ESS RS) was originally established by the Agreement of the social partners in 1997. 2000th, recognizing the importance of Economic and Social Council as an institution of social dialogue, the Government of the Republic of Srpska (hereinafter: the Government) in collaboration with social partners, regulated the existence of the ESS RS through the entity's Labor Law (Official Gazette of the Republic of Srpska, no. 110/ 08).

Due to the great importance of this body, the social partners agreed that a special law will govern the composition, scope, financing, operation and other issues relevant to the ESS RS and in 2008. entered into force the Law of Economic and Social Council (Official Gazette of the Republic of Srpska, no.110/08). This Lаw provides that the ESS RS reviews and takes attitudes to issues of development and promotion of collective bargaining, considers the impact of economic policies and measures for its implementation of social development and stability of employment policy, wages and

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prices, privatization, labor protection and environment, health, social care and security, improving economic and social policy, etc..

Also, ESS RS reviews the draft and laws proposals and other regulations relevant to the economic and social status of workers and employers.

In order to ensure impartiality and exclude the Government impact, the Law stipulates that the financial resources for ESS RS activities will be provided in the Budget of the RS. Accordingly, ESS RS is a legal entity - has its own bank account for activities financing and employs appropriate staff to perform administrative and technical support. Also, ESS RS in its work may hire experts from different areas or other persons whose knowledge and experience can contribute in work improvement.

ESS RS decisions are taken exclusively and only by the consensus of social partners of all nine members - three representatives of the Government, trade union and employer organizations at the RS level. The members mandate last for four years and there where appointed ahead of social partners represented in the ESS RS.

The representativeness of trade unions and employers representatives in the RS, has funded by special independent commission, formed by the Government. The criteria for determining representativeness are regulated by the Labor Law, on which basis in 2008. founded that the Confederation of Trade Unions of the RS and the Union of Association of Employers of the RS are representative representatives workers and employers in the Republic of Srpska. Accordingly, aforementioned two organizations together with Government representatives participate in the work of the ESS RS.

Thanks to the intensive activities of ESS RS, social dialogue in the Republic of Srpska is evolving constantly as same as mutually bipartite relations between the social partners. The above mentioned claim is supported by the fact that in 1997. at the session ESS RS was signed the first General Collective Agreement in the RS. Also, representatives of all three social partners have participated in drafting of the system legislation, particularly in the labor and social insurance field and also in the process of privatization of state enterprises in the transition period.

Based on its legal jurisdiction and in order to combat against undeclared work in the construction sector and improve safety and health of workers at work place, ESS RS has established two working bodies:

• Committee for Undeclared Work Suppression in Construction Sector in the RS;• Committee for the Protection and Health at Work of the RS;

The most important issues in the previous year, related to ESS RS work are the follows:

The legislation:

1. Law on the Guarantee Fund of the Republic of Srpska;2. Law on Mediation in Employment and Unemployment Insurance;3. Low on Protection at Work;

Thematic part:

1. "Government measures for combating against the negative consequences of World Economic Crisis on the Economy of the Republic of Srpska ";

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2. “Budget of the Republic of Srpska for 2010";3. "Economic Policy of the Republic of Srpska for 2010" ;4. "Employment Strategy";5. "Education Reform Strategy";6. " Pension System Reform Strategy";

The most significantly achievement in 2010 was the signing of the General Collective Agreement and increasing the minimum guaranteed wage in the RS - the most important legal acts which are regulate the mutual relations between workers and employers in the RS. The signing of these documents was performed at the ESS RS session, after more than a year of efforts and difficulties during negotiations which is of extreme importance bearing in mind that the RS and BiH was suffered from effect of the world economic crisis.

Recognizing the need establishment economic and social council at the state level was held a special session of ESS RS, where Minister for Civil Affairs BiH was attended as a guest. At that meeting it was adopted a conclusion so that economic and social council at the state level should be established so that the entities` economic and social councils shall appoint per three members ahead representatives employers and also union representatives, the Economic and Social Council of the Brčko District BiH to appoint per one member ahead of unions and also the employers, while the Council of Ministers as the executive organ of the State of BiH to appoint seven members from among the Ministers within the Council of Ministers. Bearing in mind that the above principle of organization proved successful during the establish of similar organizations in the BiH, it should be noted that the aforementioned attitude ESS RS have been supported by the representatives ILO and the Ministry of Civil Affairs BiH.

Based of aforementioned principle of representativeness, has been formed Confederation of Trade Unions of Bosnia and Herzegovina - its founders are the representative trade unions organization the Republic of Srpska, the Federation BiH and Brcko District BiH.

Unlike trade unions, association of employers at the state level is not organized on the basis of these principles and constantly has been denying from the representatives association of employers in the Republic of Srpska - Union of Association of Employers in the RS, which requires that an employers` association at the state level need to be organized on the basis of the respecting criteria of representativeness.

Summarizing the previous work and the importance of ESS RS as an institution of social dialogue its key role in solving major problems in countries in transition, in which, among other things, includes our, it can be concluded that the ESS RS significantly was provided a consensus of social partners in the Republic of Srpska and appropriately provided participation of social partners in decision-making. The Government significantly respects the opinions of the ESS RS and enacting of the legislative acts without previous consideration and opinion of the ESS RS is a question of the past, although some of ministries sometimes are not respect above mentioned principles. In addition, it is necessary to emphasize the will of the social partners to achieving a compromise in many important issues related to the workers and employers, and readiness for future action in this direction and continuing with the agreed attitudes practice. Such a relationship of social partners currently has and it will have positive repercussions on the overall socio-political events in the RS and Bosnia and Herzegovina.

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2. THE FEDERATION OF BOSNIA AND HERZEGOVINA (FBiH)

Assuming that nature of industrial relations in market economy characterized by a combination of elements of cooperation and conflict among the subjects of these relations, it inevitably requires establishing a framework for the conservation and stabilization of industrial peace in the realization and protection of collective interests and rights of social partners, and protection of the established social order . Regard to this, the cooperation of trade unions, government and employers became inextricably linked to ideas of social dialogue and social partnership, industrial democracy and the essence of this relationship consists of constructive approach to the social partners and government to solves economic and social problems, ie. economic and social policy.’

To this end, 1999. in the Federation of BiH, entered into force the Labor Law of the FBiH, which provides that, in order to achieve the harmonization of economic and social policies, implementation and coordination of the interests of employees and employers, and encouraging, conclusion and application of collective agreements and their compliance with the measures of economic and social policies, may establish economic and social council, in the territory of the Federation, but also in the territory of the cantons. Accordance to the Constitution of the FBiH, jurisdiction in this area divided between the Federation BiH and its 10 cantons that make up whole of the FBiH. Given that, the Labor Law of the FBiH is not determined commitment, but the possibility of creating economic and social councils, in 2001. the Confederation of Independent Trade Unions of Bosnia and Herzegovina was prepared the treaty for establishing the economic and social council of the Federation of BiH, which was accepted by the Government of the FBiH and the Association of Employers of the FBiH. Economic and Social Council for the territory of FBiH (hereinafter: ESV) formed in 2002. year. Accordingly, economic and social councils of the cantons have also been establish until now.

By the Agreement of the formation of ESV it was arranged principles of its activities, relating to the conduction of social dialogue as a system to address the relationship between the social partners and resources to achieve a balance between market economy and social justice, and respecting independence and autonomy of social partners in their work and organization, ensuring free access to adequate and timely information and documentation of significant issues important for the ESV and respecting decisions of the ESV and conclusions and theirs implementation. ESV of FBiH, as the highest tripartite body in the Federation BiH, was established to conduct joint activities of social partners in economic, social and development policies, promotion and protection of economic and social rights and interests of workers and employers and developing a system of collective bargaining and concluding collective agreements.

As a result, they concluded several collective agreements and the main one is General Collective Agreement for the territory of the FBiH and 23. branch collective agreements for industries and other branches in the Federation of BiH. In addition, a large number of collective agreements was concluded at the cantonal level, and in last year an increasing number of collective agreements were concluded at the enterprise level. In addition it's important to note that except collective agreements who has been concluded at the enterprise level, the signatory of all other collective agreements, other than employers and trade unions, is also the government of the FBiH, and cantons’ governments. ESV has 15 members, five per each of social partner and Chairman who is independent person with no right to vote and decisions are making by consensus of the social partners. Professional, organizational, technical and material conditions for ESV work and its costs is ensures and covered by the

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Government of the FBiH, and operations are performed in the Ministry of Labour and Social Policy of the FBiH.

According to the Agreement of establishment, ESV is monitoring, review and propose the adoption of new or changes to existing laws, programs and other documents that affecting on the economic and social development and the position of workers and employers and their opinions and views submits to the Government and Parliament of the Federation BiH. In addition and already formed committees for different areas (salary policies and collective agreements, taxation, employment and social policy, privatization, legislation, enforcement of regulations and the exercise of rights protection, public services, foreign investment policy, export incentives, the entities and international economic relations; standardization; international transport and energy policy) in the work of ESV can participate independent experts, and it is possible to engage the various institutions for certain issues. ESV currently operates on the basis of Agreement on its establishment, but new Law of ESV was prepared and it will be submitted to the Parliament procedure with the consent of all three social partners.

After eight years of work and activities of ESV, we can say in general that this form of social dialogue becomes a central pillar of the relationship between the social partners and contribute to establishing relationship of balance and partnership. It is felt more constructive approach by all social partners in addressing issues of economic and social making policy and it becomes a regular practice to incorporate the views, opinions and requirements of ESV into laws. Commissions and working groups of the ESV composed of experts from all three social partners together preparing drafts legislation that the Government of the FBiH refers to the parliamentary procedure after their consideration by the ESV. Also, all the common bipartite relations of social partners on issues related to their mutual relationships are often than before. But despite the positive experiences and efforts for further development of relations of equal partners, it needs to stress the fact that, it was attempts from the side of the Government of the FBiH to sent some laws in the parliamentary procedure without previously consideration of the ESV.

This was especially evident in the process of concluding arrangements with the International Monetary Fund (IMF) in January 2010, when the Law on Salaries submitted to Parliament procedure with intended to repeal of all collective agreements and the unilateral determination of wages and benefits, with explanation that it was a condition of the IMF to give a first tranche of the loan. After a series of trials and negotiations with the Government of the Federation BiH, Confederation of Independent Trade Unions of BiH organized a protest before the Parliament of the Federation of Bosnia and Herzegovina, for the purpose to halt the adoption of the said Law, and then was together with the Government of FBiH prepared text of the law and established the basic principles of payroll and benefits which are not considered wages and these regulations to be determined by collective agreements, which adoption was in progress. All this shows that with the right approach and negotiations conducted in good faith and with mutual respect for all social partners, the solution can be found for each question. Therefore, the further development and promotion of social dialogue at all levels and all aspects is extremely important. It presupposes the further education of all social partners, and investment in this type of education should be considered not as a cost but an investment for the construction of economic and social state and development of society and democracy in general.

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3. THE BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

In this part of Bosnia and Herzegovina, Economic and Social Council exist "de jure", but, according to information from the Trade Union of the Brcko District, ESC "de facto" does not work. Social dialogue has been reduced only to collective bargaining and concluding collective agreements and negotiations occurs in possible strikes situations.

FINAL CONSIDERATION

Despite numerous attempts from 2002 on and international obligations of Bosnia and Herzegovina, an Economic and Social Council at the state level has not yet been established. Bearing in mind that the labour and social legislation is on the entities jurisdiction and that the representativeness of the social partners at the entity level based on the legislation of the entities and not on the Constitution of Bosnia and Herzegovina, it is necessary that the Economic and Social Council at the state level be established by the representative trade unions and employers organizations from the entities.

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__________________

International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

ECONOMIC AND SOCIAL DEVELOPMENT COUNCIL - CDES

February 2012

SOCIAL DIALOGUE IN BRAZIL

1. Social dialogue: a tool for the articulation and formulation of development projects

The reconstruction process of the democratic state, which began in Brazil in the mid 1980's, is built on a model of governance that seeks the balance between the state, civil society and market forces. The attempts to implement the market driven economic models - as well as other tools proposed by international credit organizations to boost economic growth - were weakened by the social pressure for the state to open up to the demands of the citizens, among them participation in the definition of the path of national development.

The active role of social movements was of fundamental importance in the cultural transformation that expanded political space and questioned the capacity of representative democracy to recognize the diversity of agendas and specific identities that represent the plurality and the differences present in Brazilian society. In this sense, the Federal Constitution of 1988 inaugurated a new democratic institution in forming a number of collegiate forums, in which society and the state are responsible for the formulation, implementation and monitoring of public policies.

Thus, the governance in construction in Brazilian society has been instituting articulation and cooperation standards among multiple actors, which include traditional interest aggregation mechanisms, such as political parties and interest groups, as well as informal social networks, hierarchies and a variety of associations. Institutional arrangements that make up the state are consolidated and promote participational dynamics for listening to and organizing the demands of the population - national public policy conferences, public hearings, dialogue tables, and ombudsmen - and deliberation and monitoring of government actions, such as public policy councils, instituted in the various levels of the federation.

Social dialogue is adopted in the participation spaces as an important tool for producing knowledge and alternatives that, in enhancing the capacities of groups and individuals, favors the convergence of ideas and suggestions on structural issues and the removal of barriers to the construction of a sustainable national project. The

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spaces for social dialogue have showed their value in clearing up differences, constructing new syntheses, in triggering transformations, choosing paths and designing the future, reflected in the perfecting of public management systems - such as planning and budget - and monitoring and control of social policies.

Between 2003 and 2011, 82 National Conferences were held, preceded by municipal and state-level stages, spanning 40 sectors, with the participation of approximately 7 million delegates debating public policy proposals (information provided by the General Secretariat of the Presidency of the Republic, 2011). A large part of the thousands of deliberations in the conferences have been incorporated in the design of sectorial public policies.

There are currently more than 100 institutions in Brazil dedicated to the participation of social actors in the formulation and monitoring of public policies, with different objectives: normative, technical/scientific, relating to human rights, dealing with social policies - with and without a deliberative character.

The diversity of institutions of social participation, their reach and role in the advancement of the consolidation of democracy, expanded the social rights of the Brazilian population and has been influencing a more equitable distribution of resources for social policies, with consequential growth in access to public services. Aside from the inclusion of transversal topics on the national political agenda, essential in the fight against inequality, the process has resulted in open dialogue with a multitude of actors in the fields of public administration, traditionally resistant to social participation.

The Economic and Social Development Council of Brazil (CDES) presents itself as a privileged space to host the strategic debate on national development, articulating social and political actors in search of convergence and agreements. The Council is characterized as a learning experience for making deals seeking sustainable economic, social and environmental development, with job-generating capacity, to distribute income and change the profile of Brazilian social structure.

2. The experience of social dialogue in the Economic and Social Development Council

Among the different spaces of social participation, the Economic and Social Development Council, inaugurated in 2003 by President Luiz Inácio Lula da Silva, represents an innovation in the architecture of Brazilian democracy. In the CDES, the experience of political participation in the formulation of political recommendations on strategies of development is, at the same time, an educational experience of political equality once it allows the circulation of different political ideas among heterogeneous actors.

The CDES is made up of 90 councilors with leadership roles in different segments of Brazilian society - entrepreneurs, workers, academics, social movement representatives, etc. - and eleven State ministers. Its activities are organized to produce and disseminate knowledge and alternatives for development, qualifying the debate in the government and society. The dialogue favors integration and interlocution among the councilors, public administrators, academics, specialized technicians, non-governmental organizations, among other actors. Every year four meetings are held, thematic workgroups, colloquiums, seminars and workshops. The agenda of dialogue and workgroups is guided by the strategic challenges identified in

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the strategic documents written by the Council and, in some cases, by direct demands from the Presidency of the Republic. The result of the thematic workgroups - reports, opinions and motions - is presented in a plenary meeting for approval and to be sent to the Presidency of the Republic and society. The results of the process of constructing the analysis of the topics are widely released in written and electronic publications, as well as on the website http://www.cdes.gov.br.

Focused on strategic topics for national development, in the nine years since its creation, the CDES has produced important contributions that stem from a basic agreement established between the councilors on the ideal type of society and the paths to development. In this agreement, the criteria of equity and social justice were established as parameters of the evaluation of public policies and principles for the process of development.Among the products of the dialogue at the CDES are the Letters of Agreement (Cartas de Concertação - 2003), which tackle fundamental issues and perspectives for development, organized in the initial CDES debates. The National Development Agenda (2004) presents a vision of the future, the values that should guide CDES´s actions, objectives and directives for development to be taken on as collective responsibilities of government and society. The Strategic Directives (Enunciados Estratégicos - 2006) deepen the consensus obtained by CDES members, proposing concrete goals and offering a base for organized strategic moves toward development.

In 2008, the CDES held debates on the economic and financial international crisis, identifying in the context of adverse international conditions the economic and social changes that allowed Brazil to enjoy more favorable conditions for economic growth than most countries. The analyses showed an understanding on the new standard of development for the country. The Council dedicated itself to the reflection on the attributes of an Agenda for the New Development Cycle, which was presented to President Lula in 2010 and debated with society in a variety of events.

What emerged from the debates was a proposal of a development model built by negotiated democratic decisions, which seeks to find an answer to the challenges of a modern and complex society that demands new articulations between economic, social and environmental policies, a model that advocates increases in formal employment, income distribution, real minimum wage valorization availability of sources of credit and finance to boost growth- fundamental condition for the expansion of mass consumption, and the search for solutions to environmental matters. The application of policies to meet these goals has shown the capacity to give Brazil the conditions needed to resist the recent crisis and, therefore, the need to strengthen the CDES.

The impacts of the contributions presented by the CDES are tied to careful dialogue with the government, considering the relationship is one of understanding and the construction of common perspectives among social and government actors. In this way, it is possible to consider the work process of the Council - honest and open dialogue with its members - as a fundamental contribution to development and Brazilian democracy.

Beside the dialogue between social actors and the executive branch, the CDES has worked to build interlocution with political actors of the legislative and judiciary branches. The search for inter-institutional dialogue seeks to open up perspectives for the institutional development in the different areas of the state and for the construction of spaces for dialogue on transversal matters that face the challenge of removing the sectorial borders of public administration. With this effort, it intends to enrich and

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give greater consistency to the debate on evermore complex matters that Brazil and other countries are facing.

Similarly, the CDES is engaged in intense articulation with international organizations and institutions or regional blocs, seeking to create networks, exchange experiences and act jointly to disseminate and improve the instruments and institutions, making the social dialogue effective. The dialogic relationship and cooperation between civil societies strengthens the debate on topics that challenge humanity and allow for the formulation of strategies to construct a future with equality and social justice, with social relations that promote values like pluralism, solidarity, equality and peace.

In the realm of the AICESIS, the CDES participated in the Administrative Board between 2003 and 2011 and held the presidency from 2007-2009. Some of the bilateral activities have been held between the CDES and Council from member countries of AICESIS, such as the CES from Portugal, Spain, Italy, France, Netherlands, Russia, Democratic Republic of Congo and Algeria. By the agreement signed at the Brazil-EU Summit, in December 2008 in Rio de Janeiro, a relationship between the CDES and the European Economic and Social Council (EESC) was established by means of round tables and dialogue on topics of common interest. Recently, the CDES is participating in regional meetings with economic and social councils of Latin America and has promoted, together with the councils of Portugal, Spain and the Dominican Republic, the first Ibero-American Meeting of ESCs in December 2011, in Porto Alegre, Brazil.

In the international dialogue spaces, the CDES has contributed to the debate on topics such as global governance, social participation, food and energy security, economic crises and sustainable development. For June 2012, parallel to the United Nations Conference on Sustainable Development - Rio+20, international cooperation activities are scheduled in the AICESIS, from the relationship of the CDES and EESC and CES of the BRICS countries (Brazil, Russia, India, China and South Africa).

The CDES is coordinating an overarching agreement with more than 70 civil society institutions, which has already resulted in a joint contribution to the Brazilian position submitted to the National Rio+20 Committee. For these institutions, the goal of the Rio+20 Conference should be to achieve an irreversible political commitment to sustainable development by coordinating the necessary environmental, social and economic aspects and promoting equity between people and between regions.

The commitment to sustainable development should associate the efforts of each country - translated into National Agendas – with a multilateral and participatory governance model that respects the principle of common but differentiated responsibilities.

The document entitled Agreement for Sustainable Development: Contributions to the Rio+20 Conference is the result of Brazilian civil society's strong willingness to participate in the Conference, and to produce a joint proposal as a contribution to the Brazilian Government, in the preparation and political and strategic positions, vis-à-vis the topics to be discussed for future actions, both nationally and internationally. Among the civil society institutions that signed the document are social, environmental, entrepreneurial and workers' organizations that understand the importance in coordinating global efforts towards sustainability. The Agreement, which will be broadly debated during the side events of the Rio+20 Conference, has recently received the support of the EESC and the ESC of Greece.

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3. The Future of Social Dialogue in Brazil

Social dialogue is understood in Brazil as a space to learn and transform society's political culture, expanding social participation and deepening democracy. The institutionalization of social participation spaces in public management, which has occurred in the last decade, strengthened democratic governance, while consolidating these mechanisms as inherent in the country's political process.

The experience and political maturing of social, economic and political actors shown in the public debate spaces indicates a future of sharing responsibilities for the sustainability of development in the country and the meeting of objectives of equality and social justice, economic growth with income distribution and a commitment to the responsible use of natural resources.

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______________

International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

May 2015

SOCIAL DIALOGUE IN BULGARIA

The European social model in Bulgaria is based on, builds upon and operates through the mechanism of social and civil dialogue.

In Bulgaria there is a legal and institutional framework of social partnership which functions at all levels. It is implemented on a tripartite and a bipartite basis.

At the national level, social dialogue in Bulgaria is performed on a tripartite basis - between the government and nationally representative organisations of employers and trade unions. It was institutionalised in the early 1990s by the creation of the National Council for Tripartite Cooperation (NCTC). The legal framework of tripartite cooperation as a fundamental form of social dialogue is contained in The Bulgarian Labour Code (LC)

NCTC is a body promoting cooperation and consultation at the national level. Its members are equal and represent the social partners: the organisations of workers and employees, those of employers, and representatives of the executive branch of government. The system for cooperation and consultation in the area of labour relations involves all levels, industries, branches and municipalities by means of councils for tripartite cooperation.

The structure, organisation and operation of the system of tripartite cooperation are legally regulated in Articles 3a-3f of the Labour Code and issued by the National Council for Tripartite Cooperation on the basis of Article 3, Paragraph 1 of the Labour Code, Regulations for the Organisation and Operation of the Councils for Tripartite Cooperation.

The bodies for tripartite cooperation under Article 3a, 3b, LC are: The National Council for Tripartite Cooperation Industry- or branch-specific councils for tripartite cooperation Municipal councils for tripartite cooperation.

Current legislation places the consultations between public authorities and social partners – nationally representative trade unions and employer organisations at the centre of the tripartite cooperation in dealing with employment, insurance relations and living standards.

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The subject of social dialogue is labour relations between employees and the employers pertaining to the provision of workforce for paid employment. These are essentially questions related to wages, working time, breaks, holidays, changes of qualification, and payment of different benefits in connection with the fulfilment and termination of employment, the provision of safe and healthy working conditions, etc. Moreover, labour relations are in close connection to a wider scope of public relations pertaining to the associations of workers and employees as well as employer organisations, such as professional qualification, social and domestic servicing of workers in the enterprise, control of the proper implementation of labour legislation and the pursuit of administrative sanctions for persons infringing labour legislation. Insurance relations connected with social and health insurance are discussed at the NCTC level. The third range of issues concern the standard of living - these relations cover problems such as the correspondences between income costs and prices. They include salaries, pensions and benefits. They also include issues related to the periodic updating of the minimum salary, pensions, minimum income, wages, and insurance benefits,

Industry- and branch-specific councils for tripartite cooperation are composed of representatives of the respective ministry or agency and representatives of the trade unions and employer organisations at the level of the industry or branch.

The activity of these councils is characterised predominantly by their regular meetings.

The decisions of the councils for tripartite cooperation are adopted by consensus. Subsidiary bodies may be established to support and prepare for the various activities of the councils for tripartite cooperation. The subsidiary bodies at the National Council for Tripartite Cooperation include its Secretariat and its five Standing Committees.

In the case of industry- and branch specific councils the subsidiary bodies are specialised commissions or working groups instituted on a parity basis, i.e. with an equal number of representatives from each of the three parties participating in them.

Other bodies for tripartite cooperation established under special laws are: The Supervisory Board of the National Insurance Institute (Article 35,

Paragraph 1 of the Social Security Code); National Council on Working Conditions (Article 32 of the Health and Safety

at Work Act); National Council for Promotion of Employment (Article 8 of the Employment

Promotion Act); National Advisory Council for Vocational Qualifications of the Workforce

(Article 59 of the Employment Promotion Act); Assembly of Representatives of the National Health Insurance Fund (Article 7

of the Health Insurance Act) and Council for Social Assistance (Article 4 of the Social Assistance Act).

A new form of social dialogue was created in Bulgaria with the establishment of the Economic and Social Council (ESC). The Council is an institution with a wider scope which involves representatives of organised civil society. With a view to implement organised civil dialogue ESC continues, complements, and expands to a new level the social dialogue between the structures of civil society, as well as between them and the government, on various issues of public importance. ESC is a typical form of direct participatory democracy, operating through the concerted

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actions and close cooperation between the major civic organisations in the country and the public authorities.

The Economic and Social Council Act adopted by the Bulgarian National Assembly in 2001 regulates the status of ESC as a permanent institutional form of social and civil dialogue as well as a body providing consultancy on economic and social policy mediating between the President of the Republic, the National Assembly, the Council of Ministers and the structures of organised civil society. The activity of ESC begins with its first plenary session held on 10 December 2003. ESC has its own budget, its own premises and its own administration to assist its activities.

Bulgaria is the first of the new member states of the fifth EU enlargement, in which the Economic and Social Council was established and successfully developed as a new type of institution modelled on the European Economic and Social Council. It does not include representatives of the government which makes it an advisory body entirely independent of the executive and legislative powers. For the period of its operation ESC has established itself as a Bulgarian civil parliament bringing together different organisations of the civil society which share common interests. In its opinions, resolutions and analyses adopted by absolute consensus ESC provides to the legislative and executive branches of government the consolidated positions and proposals of the members of the Council on important public issues - economic, social, demographic, etc. The ESC Act stipulates that the acts of the Council must be adopted by a majority of not less than 75% of the members present at the session, while the decisions of President Board - by unanimity.

ESC is a unique type of institution which is characterised by the actual participation of the three major groups of civil society organisations: employers, trade unions and other organisations with common interests. ESC consists of 36 members. Individual organisations participate proportionally - each one has 12 representatives. The President of the ESC is also its member. The President is elected by the National Assembly on the proposal of the Council of Ministers and is appointed following consultation of his candidacy with all organisations represented in the ESC. The members and the President of the Council serve a term of four years. In September 2003 the National Assembly elected President Prof. Lalko Dulevski who still preside ESC in his third term. The management bodies of the ESC are the Plenary Session, the President and the President Board.

Group I of the ESC consists of 12 members appointed by the governing bodies of employer organisations recognised as nationally representative. In Bulgaria there are 4 organisations that fall into this category: the Bulgarian Industrial Association, Bulgarian Chamber of Commerce, Confederation of Employers and Industrialists in Bulgaria and Association of Industrial Capital in Bulgaria. Each of them participates in the ESC with three representatives. Group II of the ESC includes 12 members appointed by the governing bodies of recognised nationally representative organizations of workers and employees. There are 2 organisations that fall into this category: the Confederation of Independent Trade Unions in Bulgaria and Confederation of Labour "Podkrepa." Each of them participates in the ESC with six representatives. Group III of the ESC comprises 12 members representing various civic organisations of farmers, production cooperatives of craftsmen, consumers, women, people with disabilities, pensioners and other social as well as two independent scholars - experts on problems of economic and social policy.

The work of ESC is devoted to the encouragement and promotion of constructive dialogue and consultation between the structures of civil society and the

33

President of the Republic, the National Assembly, the Council of Ministers in the area of economic and social policy. ESC acts may be issued on the initiative of the President, the Chairperson of the National Assembly, and the Council of Ministers. ESC may prepare on its own initiative opinions, analyses and resolutions on legislative Bills, national programs and plans for economic and social development, current issues concerning the economic and social policy and civil society. Institutions on whose initiative ESC acts have been prepared and adopted as well as institutions to which ESC acts have been addressed invite representatives of the Councils when the respective issues are discussed and resolved.

Since its creation ESC has adopted opinions, resolutions and analyses on the most significant economic, social, demographic, educational and other problems of strategic importance for the development of the country.

Most of the proposals of ESC were implemented in effective acts - laws, national strategies, national plans and programs adopted by different ministries on key issues related to the country's economic and social development.

In its activity ESC initiated and developed a new form of civil dialogue - open public consultation between the Council and the legislative and executive powers on strategic economic and social problems. This form of civil dialogue was codified in the amendments made to the ESC Act in 2008.

Main aspects of the ESC’s activity in the period 2014 – 2015

One of the main priorities of the ESC was education - vocational and higher education, as well as measures to reduce early school leaving. On these issues, ESC adopted two own-initiative Opinions - on the "Draft Strategy for Development of Higher Education in the Republic of Bulgaria for the period 2014-2020" and "Draft Act Amending the Vocational Education and Training Act" as well as an analysis entitled "Early School Leaving". ESC paid particular attention to healthcare in Bulgaria and adopted an Opinion on "Healthcare in Bulgaria - Problems and Possible Solutions". In April 2015 ESC adopted an Opinion on "Restriction and Prevention of the Informal Economy in Bulgaria as an Opportunity to Encourage Economic Growth and Employment". During the above-mentioned period ESC continued its work in the context of the European Semester 2014, developed and adopted several resolutions in this field.

The highlights of public consultations and discussions organised in the period 2014 – 2015 were related to the challenges facing the country in the context of the new programming period 2014-2020 and the targets of the Europe 2020 Strategy. In a series of regional and national forums, particular attention was paid to the problems facing the development of young people; the development of the social economy and social entrepreneurship; integrated territorial development and the problems of underdeveloped regions of Bulgaria and early school leaving.

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34

International Association of Economic and Social Councils and Similar Institutions

(AICESIS)

July 2015

Social Dialogue in Cameroon

CONSEIL ECONOMIQUE ET SOCIALDU CAMEROUN

MISSION ET ATTRIBUTIONS

Le Conseil Economique et Social est une Assemblée Consultative représentant les principales activités économiques, sociales et culturelles de la République. Organe de concertation par excellence, il assure la collaboration entre elles, des différentes régions et catégories professionnelles et leur participation à la politique économique et sociale du Gouvernement.

Le Conseil Economique et Social est saisi par le Président de la République des demandes d’études ou d’avis.

Il est obligatoirement saisi pour avis des projets de loi, de programme ou de plans à caractère économique ou social, et peut être au préalable associé à leur élaboration.

Il peut procéder, à la demande du Gouvernement, à des enquêtes sur la mise en œuvre du plan de développement économique et social, sur l’évolution de la conjoncture et proposer ses mesures susceptibles d’améliorer la production et la consommation.

En outre, il peut être appelé à émettre un avis sur certains autres projets et propositions de loi à caractère économique et social, à l’exception des lois de finances. Il peut également être consulté sur tout problème ou être associé à l’élaboration des mesures à caractère économique, social et culturel.

Le Conseil Economique et Social élabore chaque année au titre de l’exercice budgétaire, un programme d’activités compte tenu des études qui lui sont confiées. Ce programme est soumis à l’approbation du Président de la République au plus tard le 30 décembre au titre de l’exercice suivant.

Le Conseil peut participer aux missions économiques à l’intérieur ou à l’extérieur ou à l’étranger, de même qu’aux comices, foires et expositions.

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Enfin, le Président de la République peut adresser des messages ou faire des communications au Conseil Economique et Social réuni en assemblée plénière. Ces communications ne donnent lieu à aucun débat en sa présence.

COMPOSITION ET ORGANISATION

Déterminée par la loi du 23 juillet 2001 (n°2001/011), la composition du Conseil Economique et Social comprend aujourd’hui cent cinquante (150) membres de nationalité camerounaise nommés par Décret du Président de la République et répartis comme suit :

- vingt-et-un (21) représentants des activités industrielles et commerciales ;- vingt-et-un (21) représentants des activités agricoles, pastorales et

piscicoles ;- six (06) représentants des professions libérales ;- onze (11) représentants des activités coopératives et de l’artisanat ;- huit (08) représentants des associations non gouvernementales et des

mouvements féminins et de jeunesse ;- huit (08) représentants des banques et établissements financiers ;- sept (07) représentants des syndicats professionnels ;- vingt-trois (23) représentants des salariés ;- quarante-cinq (45) membres choisis en raison de leur compétence dans les

domaines de l’économie, de l’éducation, de la santé, de la recherche scientifique et technique, des activités scolaires, universitaires, culturelles ou de la presse, ainsi que dans tout autre domaine pouvant se rapporter aux activités du Conseil Economique et Social.

Le Président du Conseil Economique et Social, nommé par le Président de la République parmi ou en dehors des membres du Conseil, représente celui-ci dans toutes les manifestations de la vie publique. Il est mis fin à ses fonctions par Décret.

Les membres du Conseil Economique et Social sont désignés pour une période de cinq (05) ans. En cas de décès d’un membre, il est procédé d’office à son remplacement par Décret du Président de la République.

Monsieur AYANG Luc, préside actuellement cette institution. Le Président du Conseil Economique et Social est assisté d’un Bureau comprenant :

- deux (02) Vice-présidents ;- trois (03) Secrétaires ;- un (01) Questeur.

Les membres du bureau sont élus annuellement et sont rééligibles.

Les études et rapports sont préparés par les sections d’études du Conseil. La composition de celles-ci reflète, dans la mesure du possible, l’équilibre professionnel et social de l’assemblée plénière.

Les sections d’études, au nombre de six (06) s’intéressent, bien entendu à l’économie, au social et au culturel :

- la section d’économie générale et des finances ;- la section de la production et de la consommation ;- la section des affaires générales, du commerce et du tourisme ;

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- la section des infrastructures et de l’énergie ;- la section de l’habitat, de l’aménagement du territoire et de

l’environnement ;- la section des affaires sociales et culturelles.

L’avis du Conseil Economique et Social sur les questions qui lui sont soumises est donné exclusivement par l’assemblée plénière.

Sur proposition du Bureau du Conseil Economique et Social, le Président de la République fixe par Décret le règlement intérieur du Conseil.

FONCTIONNEMENT

Le Conseil Economique et Social se réunit au moins une fois par an sur convocation du Président de la République.

La durée d’une session ne peut excéder quinze (15) jours. L’ouverture et la clôture de la session sont prononcées par Décret du Président de la République.

Les séances du Conseil Economique et Social ne sont pas publiques. Les membres du Gouvernement ainsi que les représentants désignés de l’Assemblée Nationale et le Sénat peuvent assister aux séances et sont entendus lorsqu’ils le demandent.

Les comptes rendus des travaux du Conseil ou les rapports sur les études effectuées sont transmis au Président de la République dans un délai de quinze (15) jours suivant la clôture de sessions ou la fin desdites études.

En tant que de besoin, le Conseil est habileté à faire participer à ses travaux, à titre consultatif, toute personne ou tout organisme en raison de ses compétences.

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37

International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)November 2013

Social Dialogue in China Achievements and the Role of CESC

1. It is a historic decision for China to establish and improve social dialogue mechanism.

The social dialogue mechanism in China is gradually established with the reform and opening up and the development of the socialist market economy. Since the late 1970s, China has promoted reform in various sectors and made the great historic transformation from a highly centralized planned economy to a robust market economy from a closed and semi-closed state to all-around opening up country, making great social and economic accomplishments. As the reform and opening up deepens, China boasts increasingly diversified economic composition, thus there is an urgent need to build an interactive platform in line with the characteristics of market economy to coordinate relations of social interests, especially labour relations and establish a system to protect the rights and interests of employees. Under these circumstances, the social dialogue advocated by the International Labour Organization has been gradually integrated with such systems as trade union participation and democratic management in enterprises in China and has been gathering momentum.

2. China has made much headway in the establishment of social dialogue mechanism

In recent years, the Chinese government have attached great importance to and made great explorations into the establishment and improvement of a social dialogue system with Chinese characteristics on both macro and micro levels, and have made progress through inheritance and innovation and by learning from others. On the macro front, related national laws, rules and regulations have been further improved, joint conference system for trade unions and government was set up and a tripartite consultation mechanism of labour relations has been push forward. On the micro front, consultation on an equal basis and collective contract system has been encouraged and democratic management for enterprises has been consolidated.Social dialogue has been greatly reflected in national laws, regulations and policies.

Take tripartite consultation of labour relations for example. In 1990, China ratified the ILO Convention No.144 in 1976: the Tripartite Consultation (International Labour Standards) Convention. Since then, the Chinese government, trade unions and enterprises have begun to work together in exploring the establishment of tripartite

38

consultation mechanism. In 2001, China ratified ILO Convention No.150 in 1978: Labour Administration: Role, Functions and Organization. The establishment of tripartite mechanism for coordinating labour relations was stipulated in the amended version of “Trade Union Law” in 2001, “Law on Labour Contracts” and “Law on Mediation and Arbitration of Labour Disputes” formulated in 2007. The “National Tripartite Conference System of Coordinating Labour Relations” stipulates the composition of national tripartite conference, roles and tasks, the content of coordination, working principles and conference rules, in order to better regulate the operation of national tripartite mechanism.

Tripartite Consultation Mechanism has been gradually established and improved at national, provincial, city and county levels. Over the years, the three parties of labour relations have been working together to play a significant role in promoting the formulation and implementation of labour laws and regulations, analysing important problems of labour relations and establishing and improving the tripartite system of coordinating labour relations, and gaining greater social influence.

The coverage of consultation on the basis of equality and collective contract system has been constantly expanding. Since the reform and opening-up, consultations on the basis of equality and collective contract system have been conducted all across China. The year 2009 saw the signing of 1,247,000 collective contracts all over China, covering 2.112 million enterprises and 161.964 million employees, 65.2% of the employees in China and the signing of 512,000 collective contracts for pay check, covering 902,000 enterprises and 61.776 million employees.

Democratic management system for enterprises has been promoted. The democratic management system is an important manifestation of social dialogue mechanism with Chinese characteristics on the micro front. First, employee representative congress system has been established and improved. Employee representative congress is the organization for employees of enterprises and institutions to exercise democratic management. The openness of enterprise affairs is a system where enterprises and institutions, in accordance with the law, enable the employees to get timely and factual knowledge of problems concerning the development of enterprises or institutions and the immediate interests of employees and involve the employees in decision-making, management and supervision. Third, constantly improve the establishment of system of employees sitting on the board of directors and supervisors.

3. China Economic and Social Council promotes the establishment of social dialogue mechanism and harmonious labour relations

--Maintain the dominant role of labourers. Labourers are the main body of social and economic development. In promoting the establishment of social dialogue mechanism with Chinese characteristics, it is important for CESC to maintain and materialize the value of labourers in the process of labour, make sure that the fruits of labour are created and shared by all the labourers, maintain the economic, political and social status of the labourers to a maximum and make full use of the dominant role of labourers.

--Consider the actual situation in China. CESC recognizes that China is in the primary stage of development and in accordance with the basic national situation, learn from the experiences of other countries and grasp the nature and characteristics of China’s current labour relations, strive to develop social dialogue mechanism with Chinese characteristics through consultation, coordination and communication and

39

enable different parties of labour relations to discuss problems through consultation, build the mechanism together and create and share the interests.

--Stick to the right-protection outlook in China. CESC adheres to the principle of putting employees first in an active and scientific manner in accordance with the law, combine serving the employees and safeguarding lawful rights and interests of employees with organizing, educating and guiding employees so as to promote the establishment and improvement of the mechanism of coordinating labour relations and strive to realize, protect and develop the economic, political, cultural and social interests of employees. CESC attaches great importance to using the advantages and positive role of trade unions for enterprises in social dialogue mechanism, and make an effort to allow all parties of labour relations to maximize their functions and roles, be at peace with each other and work together for development.

--Keep pace with the times and stick to exploration and innovation. CESC is undergoing innovation amidst transformation and making great strides through exploration, conscientiously learn from good practices and experiences of ESCs and similar institutions of other countries and try to grasp the law of social dialogue and explore an effective platform for, expand the methods of and innovate the ways of social dialogue. CESC actively participated in Asian Social Dialogue Forum to promoting social dialogue in Asia and achieved fruitful results.

Explore and Establish a Social Dialogue Mechanism with Chinese Characteristics and Develop New Labour Relations: Analysis of Trade Unions in China

In recent years, trade unions in China have not only been gaining in-depth insight into social dialogue, but also pushing it forward in practice.

Major steps trade unions in China have taken to promote social dialogue on the macro front. First, they have been actively involved in the formulating of labour laws and regulations, giving voice to the employees and putting forward the suggestions and ideas of their own. Second, they have assisted the Standing Committee of the National People’s Congress in the enforcement and inspection of relative laws, improved the legal environment of protecting the rights and interests of employees. Third, they have promoted the joint conference system with governments and strengthened the establishment of tripartite consultation mechanism of labour relations and made constant progress. Fourth, they have promoted an increase in the proportion of first line workers among the deputies to the people’s congresses at all levels.

Major steps trade unions in China have taken to promote social dialogue on the micro front. In accordance with laws such as “Trade Union Law”, they have promoted the establishment of democratic management system for enterprises in the basic form of employee representative congress, represented and organized the employees to participate in democratic decision-making, management and supervision in enterprises and institutions through employee representative congress, democratic appraisal and discussion, openness of enterprise affairs and workers sitting on the board of directors and board of supervisors, and protected employees’ right to know, to participate, to voice and to supervise.

Major steps trade unions in China have taken to promote social dialogue in dealing with the impact of the international financial crisis. In addressing the impact of the international financial crisis, trade unions in China have carried out the

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“Common Agreement Action” between trade unions, enterprises and employees. Through consultation on the basis of equality with enterprises, they have signed new collective contracts or supplementary contracts based on the content of agreement, urged enterprises, especially state-owned enterprises to actively meet social obligations by trying as hard as possible not to lay off employees or cut salary or to minimize lay-offs and pay cuts, stabilizing the job market and stepping up on-job training when enterprises are running under production capacity. This practice has not only further enriched the forms and content of social dialogue, but also showcased the success of strengthening social dialogue in the new situation.

4. Thoughts and strategies of trade unions in China to strengthen the establishment of social dialogue mechanism and develop harmonious labour relations.

China now enjoys a strategic opportunity for further development but is confronted with social problems. Although labour relations in China are on the whole harmonious and stable, there are many hidden uncertainties. Such a situation calls for trade unions in China to cash in on the new situation brought about by accelerating globalization, and analyse the new problems that come with deepening industrialization, urbanization and internationalization, so as to make progress in promoting social dialogue and coordinating labour relations.

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____________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

November 2010

SOCIAL DIALOGUE IN THE REPUBLIC OF CROATIA

(Office for social partnership in Croatia)

Introduction

The Republic of Croatia ratified the ILO Convention 87 on freedom of association and ILO Convention 98 on collective bargaining, as well as the European Social Charter.

With the Constitution of the Republic of Croatia, the Labour Act, the Occupational Health and Safety Act, the Rules of Procedure of the Croatian Parliament, the Agreement on the Economic and Social Council and Other Forms of Social Partnership in the Republic of Croatia, and the Regulation on Founding the Office for Social Partnership quality institutional platform is established for social dialogue and for improvement and development of social partnership.

In the Republic of Croatia numerous institutional mechanisms of social dialogue have been established, from the company level, through the regional up to the national level.

National tripartite dialogue

The National Economic and Social Council (ESC) is the central authority for accomplishing the social dialogue and partnership in Croatia, between the Government, employers and trade unions. The ESC is the advisory body of the Croatian Government, which provides opinions, suggestions and evaluations. Through ESC representatives of the Government and the representative social partners harmonise special and common interests regarding all issues pertaining to the economic and social policy in Croatia.

Main areas encompassed by tripartite consultations

The Labour Act allows for the possibility and the Agreement on the Economic and Social Council and Other Forms of Social Partnership in the Republic of Croatia establishes the basic fields of tripartite consultations, so the ESC is performing the following activities:

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monitoring, studying and assessment of the influence of economic policy and economic policy measures on social stability and development;

monitoring, studying and assessment of the influence of social policy and social policy measures on social stability and development;

analysis and assessment of the influence of price modifications and salaries on the economic stability and development;

providing explained opinions to the minister of labour regarding all problems pertaining to the conclusion and implementation of collective agreements, and other issues regulated by the Labour Act;

proposing to the Government, employers and trade unions or their associations and higher level associations to conduct a co-ordinated policy of prices and salaries;

monitoring the situation on the employment market, the pension and health insurance;

establishing a list of mediators or members of the mediation committee; adoption of an ordinance on the procedure of electing mediators and on the

procedure of mediation process, promotes peaceful settlement of collective labour disputes; providing opinions regarding proposals of acts in the field of labour and social

security; and promoting the idea of tripartite co-operation of the Government, trade

unions and employer’s associations in solving economic and social issues and problems.

ESC adopts its Rules of procedure and an Annual Work Program in which it regulates in more details the methods and content of work of the ESC and its working bodies.

Working bodies of the ESC are called Commissions. They are tripartite expert bodies in charge for specific areas in which social partners prepare their opinions and positions on issues within the scope of the national ESC before the plenary discussion in the Council. In order to harmonize individual specific and extremely important issues of interest for the social partners, the ESC may decide to establish special working groups.

Trade unions and employer's associations which participate in tripartite social dialogue and the main criteria for their participation

The main criteria for trade unions participation in the tripartite dialogue are determined in the Act on the Procedure for Determining the Representation of Trade Union Associations in Tripartite Authorities on the National Level (Official Gazette, 19/99).

The representativeness criteria of employers’ associations for participation in the tripartite bodies are determined by the Decision of the ESC number 117/05 from 26 October 2005.

Based on the criteria above and the agreement between social partners, at the moment the following organisations participate in the tripartite process on the national level:

Trade unions: Union of Autonomous Trade Unions of Croatia (SSSH), Association of Croatian Public Sector Trade Unions (MHS), Independent Trade Unions of Croatia (NHS), Croatian Association of Trade Unions (HUS) and Workers' Trade Union Association of Croatia (URSH).

Employers: Croatian Employers' Association (HUP).

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Social partners and safety at work

With the aim of improving health protection and safety at work a special advisory body to the Government was established; the National Council for Protection at Work members of which are representatives of the Government of Croatia, social partners, professional associations and recognized experts in the field.

Social partners and their participation in various bodies

Representatives of social partners are actively involved in the work of Governing councils of different national funds and institutions, through which they can promote and advocate for the interests of their members and harmonize positions and management with the representatives of the Government - Croatian Institute for Pension Insurance, Croatian Institute for Health Insurance, Croatian Employment Institute, Croatian Institute for Health Insurance for Protection at Work and Croatian Privatization Fund.

Social partners also have representatives in Advisory councils at national level - Advisory council of Fund for protection of workers claims in case of employer’s bankruptcy and Advisory council of Fund for professional rehabilitation and employment of persons with disability.

In order to raise competitiveness of Croatia in the broadest sense, the National council for competitiveness was established, in which alongside representatives of the Government and the social partners are also included the representatives of the academic community.

Furthermore, representatives of social partners are also included in the work of several expert bodies:

Council for population policy Coordination for monitoring the Pre-accession economic program National partnership council for regional development Commission for monitoring the implementation of employment enhancement

measures and JAP Commission for implementation of the Croatian qualification framework Commission for solving damages claims of workers with professional illness

due to exposure to asbestos Commission for free legal aid

Social partners and the Croatian parliament

Representatives of social partners (employers and trade unions) are appointed as equal members (without the voting right) into the following working bodies, i.e. Committees of the Croatian parliament:

Committee for labour and social partnership, Committee for legislation, Committee for State budget and finances, Committee for economy, Committee for development and reconstruction.

Through these committees the social partners can present the positions of their organizations and realize the dialogue with selected members of parliament.

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Social partners participate also in the work of special bodies in the Croatian parliament:

- National committee for monitoring accession negotiations with EU- National council for monitoring the implementation of the Anticorruption

strategy

Social partners and EU

In February 2007, by the decision of the European Economic and Social Council (EESC) the Joint consultative committee EU-Croatia was established. This committee is composed of equal number of representatives of EESC and representatives of economic and social interests groups from Croatia (employers, trade unions and civil society organizations).

Committee's task is to provide additional institutional form of dialogue between EU's bodies and the Republic of Croatia, encourage public debates on consequences of EU membership, and contribution to strengthening the civil society organizations in general. The Committee promotes the dialogue between economic and social interest groups and its scope encompasses all economic and social issues pertaining to the Stabilization and accession act.

Autonomous bipartite social dialogue

The development of autonomous bipartite social dialogue is achieved on the micro level i.e. in individual companies (enterprises) and institutions, and on the macro level within individual branches and activities between trade union associations and employer associations, and in the public and state services between trade union associations and the Croatian Government, i.e. line ministries.

Collective bargaining

In the Republic of Croatia collective agreements are concluded in the industry and the services sector for the most part on the level of companies, and on the level of branches between branch associations of trade unions and employers.

Acting as the employer, the Croatian Government has concluded collective agreements with trade unions of public and state services, and the same has been done on the branch level in certain public services.

In companies in majority ownership of the state, the managements and trade unions have also concluded collective agreements.

The estimated coverage of employees by collective agreements in the Republic of Croatia is 50-60% (EU 78 %, new member states 10-40%).

According to the records kept by the Ministry of economy, labour and entrepreneurship, on 31 December 2009 there was a total of 127 collective agreements in force, of which 16 are branch agreements, and within those 9 are concluded in the public sector and 7 in economy. Of 7 branch agreements in the economy, application of 6 of them was extended by the decision of the minister responsible for labour to the whole sectors. Those are: trade, catering industry, construction, travel agencies, wood processing and paper industry, and security services.

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Coverage by branch collective agreements is not equally distributed, and there are complete sectors which are not covered at all, like agriculture, fisheries, food and drink production, chemical industry, plastic and rubber production, and metallurgy.

Estimated trade union organization of workers in Croatia is 45%.

Local social dialogue

In order to establish and develop tripartite dialogue at local level, Economic and social councils can be founded at the level of local and regional self-government (Counties).

Local and regional councils are formed based on special agreement by the local/regional self-government units.

The activities of the County ESCs are aimed at promoting the role and importance of the Council at the local level, strengthening the trust between social partners and sharing responsibilities in achieving common goals in economic and social development of local areas. In the Republic of Croatia there are 21 County ESCs..

Plans for improvements and development of tripartite bodies in the future

It is clear that in the Republic of Croatia there is a wide institutional framework in place for quality realization of tripartite social dialogue, from the local to the national level.

Since high quality institutional and other preconditions for the development of bipartite and tripartite relations have been established in the Republic of Croatia, it is necessary in the upcoming period for all three social partners to invest efforts for a practical implementation of all possibilities in order to speed-up the process of dialogue and partnership, with the aim of achieving efficient results.

Communication and relations between social partners will be stimulated and improved through various formal and informal bodies, with special emphasis on setting-up, development and strengthening of sectorial social dialogue.

Mediation procedures will be promoted in resolving collective and individual labour disputes, as well as the development of an autonomous bipartite dialogue, and the overall condition will be established for co-ordinating the positions of social partners in the fields of labour, economy, social and development policies.

Activities will be conducted in strengthening the autonomous bipartite dialogue, in order to strengthen the trade union associations and those of employers, as well as their mutual relations, so as to improve the system of collective bargaining, but also to strengthen their position in the process of consultations with the Croatian Government and their future participation in the European social dialogue.

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International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

September 2012

Social Dialogue in Curaçao

(A contribution by the Economic and Social Council of Curacao)

1. A historical view of the establishment of a Social Economic Council in the Netherlands Antilles and Curaçao

The Social Economic Council of Curaçao is the new main advisory body on social and economic issues and a continuation of the Economic and Social Council of the Netherlands Antilles but servicing only the island of Curacao, after the constitutional restructuring within the Dutch Kingdom.

The Social Economic Council of Curacao (SER) has been in 2010 legally reinforced by a “higher» government ordinance whereby Government is more or less obliged to seek advice on social economic issues.

As far as the Social Economic Council of Curacao is concerned, the promotion of prosperity and welfare are the common goals to be achieved, bearing in mind the objectives of a balanced economic growth, the highest possible employment rate and a fair distribution of income.

The new ordinance states that the Council consists of 8 members whereby , 2 members representing the business sector (employers), 2 members representing the union sector (employees), 2 members representing the non-governmental organizations (NGO’S) and 2 independent members.

Nevertheless the Council is currently still operating in a tripartite constellation.

The former Netherlands Antilles consisted originally of 6 islands, Curaçao, Aruba, Bonaire, Sint Maarten, Saba and Sint Eustatius (the latter 3 being the so called Windwards Islands) and are part of the Dutch Kingdom. Curaçao has always been the center of Government.

In 1986 Aruba obtained a separate status within the Dutch Kingdom while in October 2010 Curacao and Sint Maarten obtained their autonomous status within the Dutch

47

Kingdom. Bonaire Sint Eustatius and Saba are as of October 2010 special municipalities within the Netherlands.

The Social Economic Council of the Netherlands Antilles (SER) was established by a national decree on the first of February 1966.

With the establishment of the SER, de Government of the Netherlands Antilles aimed at creating a forum in which de government could discuss on matters pertaining the preparation of measures within the social economic area.Initially the SER consisted of 12 members whereby 4 members came from the union sector in Curaçao and Aruba, 4 members from the business community and 4 members that represented the government.

A small labour dispute in Curacao in May 1969 that unfortunately ended in a big riot with much damage caused to the infrastructure of the island, made way to changes pertaining the task, composition and operation of the SER.

These changes were made to achieve where in reality the traditional social partners and independent individuals could discuss and advice government on social economic issues.

The most important changes made in 1970 encompassed:- the change in the number of members from 12 to 18- the removal of the government representatives and therefore in the place

putting into office independent professionals/ experts- incorporation of members from Bonaire and the Windward Islands- the competence for unions and private business sector to independently

nominate their representatives- The possibility that de Council could publish its advices after 30 days - The obligation of all ministers to ask SER to advice on all social economic

matters.

2. Social Dialogue in Curaçao

With the establishment of the Social Economic Council of the Netherlands Antilles in 1966, a tripartite advisory council to the government and hereof derived, the Social Economic Council of Curacao as established in October 2010, one can say that our country has engaged itself for more than 45 years in tripartite dialogue and discussion.

At the same time, all parties involved in the Council had committed themselves not only to advise the Government pertaining social-economic issues but also to create a societal support for the intentions of policies of the government with a social economic character and to create a forum in which the social partners, employee and employers sector could dialogue on the above mentioned issues and intentions together with independent members.

As far as social dialogue is concerned, September 1999 was characterized by the establishment of Vishon Korsou 2020 (Vision Curaçao 20120), a movement aimed to develop a long term vision for Curaçao. The philosophy of this organization was based on the necessity to have all social entities and the community as a whole, in full cooperation and understanding, to develop social partnerships for synergies among the social interest groups for improvement in education, sustainable economic and social development, new investment climate, good governance and the creation of an integral vision for a modern state.

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Therefore the identification of core values, priority issues, and annual benchmarks for review and evaluation, were the pillars of Vishon Korsou.

In 2002, through a protocol signed by the social partners, the organization “Kolaborativo” was established. Kolaborativo is based on a tripartite cooperation, defined as referring “to all dealings between the government, employee and employers organization concerning the formulation and implementation of economic and social policy”.

Kolaborativo brought together unions, commercial/ private sector and government to determine new ways to communicate and develop a commitment to work together and created an open and transparent communication process for labor and commerce.

Besides the three abovementioned organizations, in real life there are several other ways in which a form of social dialogue is conducted within Curacao.

3. The future

Currently, social dialogue constitutes both a strategic objective of the International Labour Organization (ILO) and a means for achieving its other strategic objectives by serving as a mechanism for strengthening participation and democratic processes.

As far as Curacao is concerned it is noticed that there is a big difference in social dialogue with a voluntary character and the Social Economic Council instituted by government and by law.

Whereby social dialogue tends to have a voluntary character the institutional need to involve specific entities and groups is left at the mercy of the government. In the Social Economic Council the participants are institutionalized by law.

Secondly the social economic circumstances in a specific period are of importance for the way social partners behave or take up position, while actors in the Social Economic Council will always seek consensus in its advisory function towards the government.

Social dialogue is important as part of political decision-making processes within a country and as far as democracy is concerned. However it is ultimately the willingness and the ability of the core actors, namely the social partners and the government that make social dialogue meaningful and successful.

In order to stimulate this process the government of Curacao together with the United Nations Development Programme (UNDP) has engaged itself in organizing courses on tripartite dialogue for officials from the private, union and government sector.

Besides the government, the Economic and Social Councils have also a major role to play in further stimulating social dialogue.

For this reason the Social Economic Council of Curaçao has engaged itself in organizing a youth chapter of the Council and in creating opportunities to involve more segments of the community in giving in a structured way their opinion on important social economic issues within the local community but also on international social economic matters with a local impact.

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Notwithstanding all of the above we should not forget that in a parliamentary democracy like Curaçao, it is ultimately the Parliament, where legislation is concerned, that will decide on issues and matters pertaining to the community and its development.

A social dialogue will in any case secure that opinions of government, employee (union) and employers (business sector) is well taken into consideration within the decision making process.

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________________

International Association of Economic and Social Councils

and Similar Institutions(

(AICESIS)April 2010

Social Dialogue in Cyprus

(Prepared by the Ministry of Labour and Social Insurance of the Republic of Cyprus)

1. The industrial relations system in Cyprus is based on a voluntary system, strongly dependent on tripartism. Tripartism, voluntarism and social dialogue have been the basis for forming and implementing social and economic policy, and are considered to be the backbone of the successful industrial relations system, that has developed since the country's independence, in 1960.

2. This system has been modeled around the fundamental principles laid down by the provisions of ILO Conventions and Recommendations, and especially the fundamental rights of freedom of association and collective bargaining.

3. Tripartism remains the key method by which consensus is achieved amongst the social partners, and the Government's policy in this area has been to foster and develop strong independent employers' and workers' organizations. This policy has been instrumental to the success of the voluntary nature of the industrial relations system, whilst at the same time employers and workers through their representatives have gained a high level of respect and flexibility for dealing with arising problems, or crises.

4. Both employers' organizations, as well as trade unions, are well established, with strong and effective organizational structures, and most have decades of experience in their respective fields.

5. As a general rule, labour issues are always examined and regularly monitored by tripartite bodies and committees, each dealing with their specific area of interest. It should be noted that any issue or subject pertaining to work, labour law, employment policy, and any other programmes dealing with the labour market are discussed by tripartite social dialogue bodies.

6. Tripartite bodies like the Labour Advisory Board, which functions under the auspices of the Ministry of Labour and Social Insurance, regularly assigns specific subjects to tripartite technical committees that work together, according to their prescribed terms of reference. This mechanism was used during the long and arduous

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EU harmonization process, with tripartite technical committees working individually on each harmonizing draft legislation.

7. Further to this, when draft laws are sent to Parliament, or any other themes are to be discussed at the House of Representatives, the social partners are always invited to participate in the discussions and presentation of the subjects at the relevant parliamentary committees. A further important feature of the policy formulating "power" of the social partners is the fact that when unanimous decisions are taken by the Labour Advisory Board, then the Parliament respects that decision, even if an opposite view prevailed in Parliament prior to the Board's unanimity.

8. It should be stressed that to a large extent the existing system of industrial relations is deemed successful only because of the political will and commitment of social partners to freely engage in social dialogue and to respect voluntary agreements signed between them. For example the signing, in 1977, of the Industrial Relations Code (a comprehensive voluntary agreement on conflict resolution mechanisms), the Agreement between social partners on the gradual reduction of working hours, signed in 1992, the signing of a National Plan for Productivity and Health and Safety, in 1995, and more recently, in 2004, the signing of an Agreement on the Procedure for the Settlement of Labour Disputes in Essential Services, are all evidence of a well-functioning tripartite, voluntary system based extensively on the social partners' willingness to participate in social dialogue.

9. It should be noted that the prevailing system of social dialogue in Cyprus is in a continuous state of adaptation. It cannot be denied that the EU's strategy on promoting social dialogue at the sectorial, but more importantly at the enterprise level, requires a constant exercise of modifying existing practices.

10. Summarizing, it is evident that the industrial relations system of Cyprus has been a success story mainly due to the social partners' willingness to support its voluntary nature. For this success to continue in to the future it is vital to rationalize and further improve cooperation between social partners and public authorities. Existing social dialogue bodies need to address the issue of effectively encompassing new structures and practices of social dialogue to adequately respond to future requirements.

_________________

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International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

March 2014

ECONOMIC COUNCIL OF FINLAND

Introduction

The Economic Council of Finland, chaired by the Prime Minister, is a body for facilitating co-operation between the Government, the Bank of Finland and major interest groups. The Economic Council aims to strengthen and deepen broad-based, analytical discussion prior to the taking of economic policy decisions relating to the growth, balance and structure of the economy. Under a decision of Parliament, the Economic Council also acts as a forum for dialogue between the Government, the social partners and the Bank of Finland concerning the monetary policy of the European Central Bank. The Council participates in cooperation among the EU Member States' economic and social councils. The issues discussed by the Economic Council relate to the following subject matters:

1) Changes in Finland's economic environment and the consequent challenges and difficulties in adjusting to them

2) Efficient use of national economic resources and ways of ensuring medium and long-term competitiveness

3) Growth and employment policy in the short and medium term 4) Public economy and the division of welfare.

History

The Economic Council of Finland (Talousneuvosto), in its present form, was established in 1966 by virtue of a decree and a related act. The history of a governmental advisory body which brings together ministers, specialists and representatives of business life, reaches to the early years of Finland’s independence in 1920, when an economic advisory board was set up. Its mandate was to issue opinions on trade, monetary and fiscal policies and on other economic issues, particularly on measures to curb inflation. In 1946, an economic council was established consisting of representatives of trade unions and employer organizations. The council was active only for a year before it was dismantled due to controversies concerning, among others, wage agreements.

In 1954, a decree on the economic council and its secretariat, the economic planning office, was issued. In 1954-58, the economic council put forward a number of

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economic policy initiatives but was forced to bring its operations to a halt in the aftermath of disputes generated by the general strike and other difficulties. The reappointment of the council in 1962 finally resulted in the presentation of an Economic Council Act and a complementing decree in 1966 which, with some modifications made in 2011 form the legal basis for the present day council. Since the 1980s the role of the Economic Council has clearly been to provide a consultative forum for confidential discussions involving state authorities and major interests groups.

Structure

The Economic Council, chaired by the Prime Minister, has 10-20 members appointed by the Government, some of which are also members of the Government.

Currently the Council includes: the Prime Minister and the Minister of Finance, the Minister of Culture and Sport, the Minister of Defence, the Minister of Economic Affairs, the Minister of Education and Science, the Minister of the Environment, the Minister of the Interior, the Minister of Labour, the Minister of Public Administration and Local Government, , the director general of the Confederation of Finnish industry and the President of the Confederation of Agricultural Producers and forest Owners (MTK), the President of the Confederation of Finnish Trade Unions (SAK), the executive director of the Central Chamber of Commerce, the Managing Director of the Federation of Finnish Enterprises, the Governor of the Bank of Finland, the chairman of the Finnish Confederation of Salaried Employees (STTK), the Director of the Confederation of Finnish industry and the Executive Director the local Government Association of Finland, the President of the Confederation of knowledge workers (AKAVA).

The Economic Council also has permanent advisers.

The Economic Council is appointed for the duration of a Government term. However, participation by Members of Government is limited to the duration of their ministerial term.

The Secretariat of the Economic Council, operating at the Prime Minister’s Office, helps the Economic Council to implement its function. The Secretariat prepares the Council meetings, organises, drafts and publishes the studies and reports compiled for the Economic Council. It maintains contacts with the authorities, institutions and organisations involved in economic research and with the economic and social councils of other countries. In addition, the Secretariat monitors economic policy developments and carries out other duties assigned to it by the chairman of the Economic Council.

Work

Each year, the Economic Council determines the guidelines and themes of a work program. The agenda of the meetings can be modified flexibly according to the needs of the moment.

The monthly meetings of the Council contain brief introductions on the topic under consideration, which are performed by a member or an outside expert and are followed by general discussion. Some presentations are based on a report prepared by the secretariat on the work of expert groups under the leadership of the Secretary-General or on studies commissioned by the secretariat from external experts. Apart

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from the consideration of topics on the agenda, the Council looks sometimes on urgent matters. The Prime Minister may, for example, inform the Council of significant developments with regard to policies developed at national or community level.

The meetings of the Economic Council are confidential, but a memorandum containing the main issues discussed is published by the secretariat. The reports prepared for the meetings are also published by the secretariat.

SOCIAL DIALOGUE IN FINLAND

Introduction

Finland has a long tradition of active and wide-encompassing social dialogue dating back to national unification during the WW2. Basic indicators of social dialogue such as trade union and employers’ organization membership/density and collective bargaining coverage are high in international comparison. Labour market relations are characterised by close cooperation between the state and the social partners. Almost all legislation concerning working life is based on a tripartite consensus. The highly centralised pay system based on national level agreements has gradually transformed to a more flexible model that takes account of local needs and facilitates wage payment based on individual and company-level performance.

History

Traditionally, Finland has had a highly centralised bargaining system with a national incomes policy agreement (tulopoliittinen kokonaisratkaisu, often called tupo). This is a tripartite accord drafted by the government together with trade union confederations and employer organisations. It is a policy document covering a wide range of economic and political issues, such as pay increases, taxation, pensions, unemployment benefits and housing costs, as well as a range of qualitative working life measures.

The most essential legal framework for collective bargaining is the Collective Agreements Act of 1946, which is complemented by basic agreements between union confederations and employer associations.

Since 1971, a principle of general applicability of collective agreements has been applied. According to the agreement, employers that are unorganised in terms of collective bargaining must also comply with the national agreements concerning their type of business. The generally binding character of a collective agreement depends on various factors, especially the organising rate of employers and employees and type of business.

Within a tripartite bargaining system, local- and company-level bargaining has been increasing in Finland. Local bargaining can be seen as supplementary to sectoral and national accords. The Confederation of Finnish Industries has emphasised the importance of company-level bargaining.

Another trend can be described as ‘increased individual pay increases’. This indicates that the Finnish pay system has moved slowly from a rigid pay model to a more

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flexible system that takes account of local needs and facilitates wage payment based on individual and company-level performance

Participants

The three main trade union confederations are the Central Organisation of Finnish Trade Unions (SAK); the Finnish Confederation of Salaried Employees (STTK) and the Confederations of Unions for Academic Professionals in Finland (AKAVA).

The Confederation of Finnish Industries (EK), is the leading business organisation. EK represents the entire private sector and companies of all sizes. Local government employers (KT) is an interest organisation representing all Finnish local and joint authorities employing over 400,000 people. The State Employer’s Office (VTML) negotiates and concludes collective agreements for the 85,000 employees working for the state. The Church Employers (KiT) represents the Lutheran Church of Finland as an employer and negotiated a collective agreement for about 20,000 employees working for the parishes. The Federation of Employers in Agriculture (MTA) negotiates collective agreements for around 12,000 workers in the agricultural sector. The Federation of Finnish Enterprises (SY) has the largest membership of all business-related federations in Finland with its membership consisting of more than 115,000 enterprises. SY is involved in social dialogue, but is not a negotiating party in collective bargaining.

The signatory parties are the union confederations AKAVA, SAK and STTK and on the employer side the Confederation of Finnish Industries (EK) and the employer organisations of the state, municipalities and the Lutheran church.

Process

The wage agreements are struck formally at the sectoral level although occasionally still under a national level framework agreement like in 2013.Typical length of agreements is two years. The government is not directly involved in the negotiations, but may support the agreement with e.g. tax reliefs.

The Finnish government has appointed several tripartite working groups to draft proposals for pension system reforms, with the aim of persuading unions and employers to agree on ways of lengthening employees’ careers and working lives.

The issue of lengthening employees’ careers and working lives and a rise of retirement age has recently become the most challenging question. Social partners are trying to find new models to lengthen job careers and must therefore provide reforms related to studentships and retirement.

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Future

Despite some critical voices raised occasionally in the public debate, the position of social dialogue seems to be relatively strong and secured in Finland. The union membership among wage-earners has remained quite steady in the 2000s at roughly 75 per cent. At the same time the popularity of independent unemployment funds has somewhat increased with a 14 per cent share of wage-earners in 2012.

The law base principle of general applicability of collective agreements ensures the influence of social partners on the labour market outcomes even in the future. There is however an increased pressure for the social dialogue to bring about tangible results in order to justify its usefulness. The nationwide framework for a moderate wage agreement struck in autumn 2013 is widely seen as a triumph for the social dialogue. Ability to provide effective solutions to secure to sustainability of the earnings related pension system will be the next touchtone.

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______________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

December 2010

Social Dialoguein the Former Yugoslav Republic of Macedonia (FYROM)

Social Dialogue in the Former Yugoslav Republic of Macedonia (FYROM) is effectuated on a tripartite and bipartite level. On tripartite level, the social dialogue is achieved mainly through the work of the Economic and Social Council. The Council was established in 1996 for the first time with signing of the Agreement by the Government, the Confederation of Trade Unions of FYROM and the Economic Chamber of FYROM. In the agreement were defined the responsibilities, manner of work, management, reporting, etc.

In August 2010, a new Agreement on Establishing of the Economic and Social Council was signed by the Government of FYROM and social partners (representatives from trade unions and associations of employers), which gave the opportunity for participation of more trade unions and employers in the work of the Council. The responsibilities of the Council are determined by the Labor Relations Law, than more precisely are defined in the Agreement, while the manner of work is regulated by the Rules of procedure.

The Council has an advisory and consultative role in the creation and implementation of economic and social strategies and policies by the Government of FYROM. Through the Council, the social partners harmonize their interests and develop and promote social dialogue.

The Economic and Social Council (ESC) in accordance with its responsibilities, gives an opinion and recommendations to the Government of FYROM about the: economic development, labor market policies, wage and price policies, labor and social insurance, social care, health care, environment, fiscal policy, working conditions and health and safety at work, education, culture and vocational training and other areas that affect the economic and social interests of workers and employers.

The ESC submits its opinions, suggestions and recommendations on draft laws and other regulations, national strategies and programs related to economic and social interests of workers and employers before their consideration by the Government of FYROM, but the opinions regarding the laws in the area of labor relations, employment, pension and disability insurance and health and safety at work are obligatory.

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The ESC may, on its own initiative, provide opinions and proposals for economic and social issues for the Government of FYROM and for the other competent authorities.

The composition of the Council is determined on a tripartite basis with equal representation of members of the three social partners. The current composition of the Council is made of 12 members of whom 4 are representatives of the Government (ministers from the economic area) and representatives of the representative social partners ( 2 representatives of the Federation of Trade Unions of FYROM, 2 representatives from the Confederation of Free Trade Unions and 4 representatives of the Employers` Organization of FYROM). President of the Council is the Minister of Labor and Social Policy, he is a member of the Council ex officio and represents the Council in front of the competent authorities, convenes meetings, proposes agenda and coordinates and harmonizes the work of the Council .

Regarding the decision making process, as a rule, the opinions, suggestions and recommendations, the Council adopts by consensus, and in cases of diverse opinions, each member has the opportunity to inform the public as well as the Government and the Parliament. This means that the members independently and autonomously decide on positions regarding the specific issues and decision making.

There is established practice, representatives of representative trade unions and employers to participate in the work of competent bodies in the Assembly of FYROM when considering laws and issues from economic and social sphere.

In the past, besides representative trade unions and employers, in the preparation of certain documents or implementation of projects, other trade unions and employers which were registered on a national level also participated. Such is the case with the implementation of the CARDS Project-Employment Policy I, II and III within which were prepared National employment strategy for 2010, the National Action Plan for Employment for 2004/2005, the National Action Plan for Employment 2006-2008 and 2009-2010, Twinning Project for Harmonization of National Labor Legislation with the EU Legislation, as well as many activities with the International Labor Organization (e.g. Memorandum of Cooperation with the ILO and all registered trade unions and employers at national level for implementation of National Program for Decent Work 2010-2013, which aim is to implement defined priorities for development of the decent work on national level), participation in preparation of laws as well as in many seminars and workshops which aim is strengthening of the capacities of social partners and promotion of the social dialogue.

The social partners at national level are involved in the preparation of documents pursuant to which there should be implementation of the reforms and harmonization of national legislation with EU legislation. Thus, the social partners take responsibility for implementation of individual projects.

Representatives of social partners are involved in other bodies where they have the opportunity to represent the interests of its members and adjust them with the representatives of the Government.

Besides on the tripartite level, in FYROM, social dialogue is exercised on bipartite level. This has a long tradition, especially within the process of collective bargaining. At national level in the past period of time, two general collective agreements (for the private sector and public sector) were concluded and more than 30 branch collective agreements and collective agreements at the level of employer. General Collective Agreement has a general application and is mandatory for all employees in the public

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and private sector, branch and is applied directly. It is also mandatory for employers who are members of the association of employers signatories of the collective agreement or those who join the association additionally, while the collective agreements at level of employer obliges all employees with the employer.

The process of collective bargaining is a continuous process, during which the parties who participate are obliged in to negotiate in bona fide for the conclusion of collective agreements in reference of the issues of interest regarding the rights and obligations of both parties.

The collective agreements stipulate the rights and obligations of the contracting parties and always are concluded in written form.

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______________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

November 2012

SOCIAL DIALOGUE IN THE REPUBLIC OF GUINEA

I- INTRODUCTION

Economic and Social Council (ESC) is by definition a “House of the National dialogue” between Social, Economic and Politic Partners.

The Economic and Social Councils are assemblies in which seek themselves and are obtained not easily realizable consensuses elsewhere.

It is in this logic that the ESC of the Republic of Guinea committed early to reconcile the Government and the civil society, who spoke little, the unions and employers whose Dialogue was as in terms of claims, the Government and the private sector, who distrusted the political parties of the presidential movement and those of the Opposition, who were not trusted, the Forces of defense and security and the population they are supposedly defending but with which they had come to dig a large pit, after multiple abuses of the military on the civilians.

In such an environment of dialogue deficit each and other frustrations were deep and had led to many conflicts, often deadly, particularly from 2006 to 2009.

To put each and the other of these social, economic, policy and administrative partners around a negotiating table, the ESC, supported by the Government and the system of the United Nations, involved a vast program of social consultations in Guinea, short PROCONSOGUI, which allowed us to browse continuously, the 33 Prefectures of the country and the 5 districts of the capital Conakry, from April to August 2008.

We hired this exercise to the taking into account of the fact that, as Victor HUGO said, the approximation is the beginning of the brotherhood.

This exercise of national dialogue was occasion to put together the representatives of the Government at the national and regional levels, local elected representatives, representatives of the political parties of the movement and opposition, officials of the organizations of civil society, including trade unions, youth and women, traders, religious Leaders, elders, traditional communicators and representatives of the Forces of defense and security.

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These dynamic components of the Guinean nation discussed all the problems that hinder the development of Guinea, a country whose state of poverty of population contrast with vastness of the natural resources available.

All stakeholders to these national conferences across the country have recognized that Guinea is not a poor country, but rather a mismanaged country and good governance recommendations such issues sitting still are today more than yesterday.These recommendations have put focus on the importance of dialogue as is the weapon the best to come at end of any conflict, however dramatic it may be.

Dialogue is the way to put an end to any conflict, any war, as long and killing it has been. The war of 100 years finished around a dialogue table for example.

Communities, national and international, should first and foremost through dialogue, consultation, negotiation, instead of starting by dramatic clashes, as the protagonists always finished around a table coming to terms with peace without which we cannot talk about development.

Dialogue, Peace and Development are therefore intimately linked to the happiness of the population especially in poor countries that are very unfortunately be conflict-prone sometimes because of severe deficits of dialogue between political leaders or between governors and governed.

II- GENESIS OF THE DIALOGUE

It is today accepted in the Republic of Guinea that the dialogue is a complex but fruitful exercise, so necessary in all human societies, as we can read in the foreword by the Final report of the National Dialogue Days held in Conakry from 12 to August 14, 2008, at the end of PROCONSOGUI.

In 2008, the United Nations, through the Peacebuilding Fund of (PBF), have been particularly involved in accompaniment of PROCONSOGUI as a vast and rich national exercise of dialogue aimed as a priority the restoration of trust between administrators and administered share, and the consolidation of peace and national unity on the other hand.

At the end 0f this dynamic and collective reflection on the challenges of the consolidation of the peace in Guinea, three days of Dialogue and Initiatives organized in Conakry, will remain memorable in the annals of the peace process with the United Nations in Guinea.

Indeed, we have seen before, during and after these three memorable days for more mobilization of 4,500 people, representing all populations, all regions and all ethnic groups combined, next to the representatives of administration central and devolved, the Republican Institutions, the Forces of defense and security.

It was given to note on this occasion extraordinary national interest reflecting the Guinean fervor to put everything in work to "exceed the internal contradictions" and build a nation United, peaceful and prosperous.

This national design common of the willingness of all stakeholders to consider the ways and means to preserve the tragedy in some countries of the sub region, Guinea

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particularly and positively challenged the international community and the Secretary-General of the United Nations.

This allowed entering the Republic of Guinea to the rank of beneficiaries of actions supported by the United Nations in the prevention of conflicts and peace-building.

In terms of direct outcomes of this dialogue, a particular highlight is the presentation of the public apology of Army to the population of Guinea.

This emblematic expression had object of a "standing ovation" accentuated and the picture has toured the world.

A consensus statement adopted by the political parties, the Republican Institutions, the civil society and Administration, declaration, of which the findings and recommendations summarize the priority interventions in the areas of governance, of Economy, Education, health, defense and security, Economic and political integration and permanent dialogue.The seizure of power by the military in December 2008, brought set of socio-political and economic actors at the conclusion of the need to identify a shared vision of Guinea for next years.

The State of the Nation which was established as part of the consultations, corrective actions, as well as the vision that emerges from exercise, make of this report of the PROCONSOGUI a rich and dense material which the return to Guinean, men and women, will help to feed the current reflections on the future of our Nation.

We look forward in July 2008, the Secretary General of the United Nations has granted Guinea exceptional access to the financing of the Fund of peace-building, in direct support of the strong recommendations of this process of dialogue which argued during a year.

In Guinea as elsewhere in the world, it is not more a secret that conflict prevention can be expensive, but it is equally clear that manage and turn off a conflict are still more expensive, as much so avoiding the conflict through dialogue.

III- THE FUTURE OF DIALOGUE IN GUINEA

In Guinea, Social Dialogue as we have just presented it briefly, has a promising future that will compete with the setting in of the main transversal and specific recommendations made during close consultations organized within the framework of the PROCONSOGUI, namely:

1. The revision of the Basic Law (Constitution), for in particular to reduce the number of political parties today to 150;

2. improving the dissemination of normative acts (laws, decrees, Codes, etc..);3. enforcement to end with impunity;4. improving governance economic, social, policy and local and the staffing of

the country a National Plan of IDE;5. the capacity-building of human resources at all levels: (Administration, civil

society, private sector and Forces of defense and security, the latter on their rights and Republican duties);

6. the promotion of citizenship and the defense of common values;7. the promotion of job-young and women entrepreneurs;

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8. the creation at central and decentralized levels (Nation, Prefectures, sub-prefectures and Commons), Permanent Frames of Consultations and Exchanges, among others, better to involve people in decision-making affecting them directly, to prevent and manage conflicts, in short to back a National unit.

The Guinean Republican Institutions : National Assembly, the Supreme Court and the Economic and Social Council have always asked improvement of national dialogue through the establishment of these permanent dialogue frameworks.

APPENDIX

PRESENTATION OF THE ECONOMIC AND SOCIAL COUNCIL OF THE REPUBLIC OF GUINEA

The Economic and Social Council (ESC) of the Republic of Guinea is a Republican constitutional, non-political institution of a consultative nature, legally representing organized civil society, in accordance with the organic law N ° 91/04/CTRN dated December 21, 1991.

The Mission of the ESC of Guinea is to advise the President of the Republic and National Assembly on questions essentially economic and social order submitted. The ESC may also, on its own initiative, deal with these issues as it be actual and/or national interest.

The ESC of Guinea has been operational since July 1997 currently has 45 members representing the producers of the sectors of agriculture, Industry and transport (20), trade unions (12), charismatic organizations (3) and personalities designated by the President of the Republic (10), based on their competence and experience, including at least a personality from universities or Research Centers.The ESC count four working committees and is held every year in ordinary sessions (2) up to two months each and extraordinary sessions (2) not exceed a month each.

The function of Member of the ESC does not give right to a salary, except the President of the Institution. The other members of the ESC are as well as premium session for the reimbursement of expenses incurred during the sessions.

As part of the synergy between the ESC and the Government the ESC receives the Prime Minister, head of Government, and Ministers, that expose their programs Activities, development strategies in work, the results achieved and the difficulties encountered.

This exercise is done in the context of obligation that is made to the Government by law to submit to the any program or plan of developing economic and social of the country.

The ESC, on this occasion made observations and recommendations to improve impact of public policies on recipient populations constituting civil society than Institution is constitutionally.

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The ESC shall also impact policies private on the same populations, while promoting public policy makers and private sector to promote participatory governance through inclusive dialogue to avoid any exclusions in the decisions directly affecting the populations.

The ESC stands by as well to improve the dialogue at the national level between all dynamic parts of the country.

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______________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

January 2014

Social Dialogue in Ireland

Introduction

The nature and intensity of social dialogue in Ireland has changed considerably over the past four decades. This is evident in the changing set of participants, the changing nature of government engagement, the changing scope of the economic, social and environmental issues addressed and the changing role of the National Economic and Social Council (NESC).

History

Three broad phases in the history of social dialogue can be identified:

- From 1960 to 1987: the creation of social dialogue and the struggle to achieve a disciplined system of wage bargaining and industrial relations;- From 1987 to 2008: a period of social partnership in which social dialogue was central to government strategy and national development; and- From 2009 to the present: a period of severe fiscal, banking and economic crisis in which social dialogue plays a marginal role in the overall policy process and public governance.

Ireland, which achieved independence from Britain in 1922, inherited its voluntarist and adversarial system of industrial relations. After several decades of economic protection, Ireland changed economic strategy in the early 1960s, aiming to achieve industrialisation through an open economy and investment in education and infrastructure. As a part of this modernisation strategy, the state created a range of institutions including several in which employers and trade unions were involved (see discussion of NESC below). Ireland’s progress in the 1960s, 1970s, and 1980s was accompanied by high levels of industrial conflict and wage inflation. During these decades, employers, unions and government sought, through social dialogue, to reform industrial relations through establishment of centralised bargaining or wage norms. These efforts were undermined by the both the macroeconomic context, the currency link with sterling, and prevailing attitudes and behaviour.

After a prolonged fiscal and economic crisis, the government, employers and unions entered a three-year ‘social partnership agreement’ for economic recovery in 1987. This delivered the kind of wage discipline that had eluded the actors in earlier decades. The pact, which was framed by discussion in the NESC, played a significant role in Ireland’s recovery; as a result, it was to be the first of eight three-year pacts that ran from 1987 to 2008. The content of these agreements widened beyond wages

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to include a range of economic and social policies. The transposition of EU directives on employment relations and social rights, conducted through social dialogue, had the effect of greatly increasing the legal content of Irish industrial relations. This twenty year period of social partnership was one in which social dialogue in NESC and a wide range of other fora was given high priority by government, unions, employers and ‘new social partners’ (see discussion of participants below).

When crisis hit in 2008 efforts were made to find a partnership response. This proved impossible given the scale of the collapse in tax revenue and pressure on the pay and conditions of public servants. As a result, government acted unilaterally and, from 2010 on, in close concert with those providing official funding to Ireland, the IMF, ECB and European Commission. Some of the machinery of social dialogue was dismantled and the remaining elements, such as NESC, were less central in the policy process. However, in 2010, and again in 2013, government entered agreements with the public sector trade unions, providing for cooperation with public sector reform and, in the recent agreement, further reductions in public salaries.

Participants

Participation in social dialogue widened considerably over the decades. In the 1960s and 1970s, the main participants were the trade unions (organised in a single federation, the Irish Congress of Trade Unions), and the employers (mainly organised in two federations, which later merged to form the Irish Business and Employers’ Confederation). As the institutions of social dialogue were created and developed (see below), a range of social NGOs were invited into the process in the mid-1990s. These groups, organised in the Community and Voluntary Pillar, were a party to the social partnership agreements from that time until 2008.

Process

In the 20 year period of social partnership, from 1987 to 2008, each three-year cycle began with discussion in NESC of the economic and social situation, leading to the agreement of a NESC ‘Strategy report’. That report was the key input to negotiations between government and the partners, conducted in the prime minister’s department. Once a three-year pact was agreed, and ratified within each of the pillars, its implementation was monitored by a range of partnership committees, most of which met quarterly. Special working groups––some involving only employers, unions and, often, government––were established to address particular issues, such as employment relations. The industrial dispute resolution machinery worked in parallel, but the over-arching partnership agreement formed the benchmark against which many of its rulings were made.

Since 2009, the social dialogue process is much more limited. Without an over-arching social partnership agreement, the wide range of partnership committees and working groups ceased to exist. On the main crisis issues––fiscal, bank rescue, competitiveness and the labour market––government has been heavily engaged with the EU, ECB and IMF and far less with the domestic social partners. Where such engagement occurs, it tends to be bilateral, rather than collective social dialogue. In the past year, government is recreating a range of channels of engagement with non-state actors, on the food industry, enterprise development, activation policy, the labour market and training. Business representatives are prominent in many of these, but several do also involve representatives of trade unions and social and environmental NGOs. In preparation of its National Reform Programme, within the

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Europe 2020 Strategy, government consults bilaterally with each of the social partners.

The National Economic and Social Council

Introduction

The NESC is a state body attached to the prime minister’s department. Its role and membership have changed considerably over the 40 years of its existence, reflecting the three periods of social dialogue noted above.

History

In 1963, the government created the National Industrial Economic Council, to provide a forum in which employers, unions and government could discuss the challenges of moving from protection to free trade. In 1973, it was replaced by NESC. Its role is to advise the prime minister on strategic issues of economic and social development. In its early years, it was one of the few bodies undertaking strategic, long-term, analysis of Ireland’s position and problems (see below). The role and prominence of the Council changed considerably in the late 1980s. From 1979 successive governments failed to find an escape from a vicious circle of stagnation, rising taxes, and increasing debt. In 1986, the Council agreed an analysis which provided a basis on which government and the social partners negotiated the first comprehensive partnership agreement in 1987, as noted above. This was the origin of a process in which NESC produced an over-arching strategic analysis every three years, which formed the basis of negotiation for each three-year partnership agreements. In addition, reports on employment, industry, social policy, education, rural development and public services were agreed and published. In the mid-1990s, the membership of the Council widened to include social NGOs and, in 2011, to include an environmental pillar.

Structure

The Council is funded from the budget of the prime minister’s department and is chaired by the Secretary General of that department. It has 33 members: a chair, deputy chair, four members from each of the five pillars (employers, trade unions, agricultural organisations, community and voluntary pillar, and environmental pillar), four representatives of government departments (finance, industry, education and environment), and 8 independent experts. The members of the Council are appointed by the prime minister for a three year term. It meets once a month and conducts most of its work in plenary. It does not have a role in providing opinions on draft legislation or day-to-day government decisions, focusing more on strategic issues and the principles which should guide policy. It is serviced by a small Secretariat of four economists and three social policy analysts. These prepare papers which, when discussed and agreed, become Council reports to government, which are noted by Cabinet before being published.

During the period of social partnership, government established new social dialogue bodies, alongside NESC. In 1993, prior to the inclusion of the social NGOs in NESC, the Government established the National Economic and Social Forum (NESF), a social dialogue body which advised Government on long-term unemployment and issues regarding equality and social inclusion. The National Centre for Partnership and Performance (NCPP) was set up in 2001, to monitor and promote partnership at enterprise and organisational level. In 2010, the Government simplified these social

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dialogue structures by closing the NESF and NCPP and moving the staff of these two bodies into NESC.

Work

In its role in providing social dialogue on strategic issues NESC’s early work had a strong emphasis on the challenge of economic development in a small peripheral, previously agricultural, economy; in the early 1970s this was reflected in reports on the Irish economy, regional development, manpower, jobs and farming. Reports on social policy, income distribution and housing followed in the mid-1970s, as well as publications on public expenditure and tax revenue. In the early 1980s, NESC undertook a major review of Irish industrial policy, and agreed reports on Ireland’s experience in Europe and the challenges of the internal market and EMU. From 1987 to 2006, the three-yearly ‘Strategy’ reports were a major part of NESC’s work. NESC’s 2005 report, the Developmental Welfare State, provided the framework for much of the current reforms of welfare and labour market services.

Since 2008, the Council has provided a number of studies of Ireland’s crisis and recovery: Ireland’s Five-Part Crisis: an Integrated National Response (2009) and Ireland’s Five-Part Crisis Five Years on: Deepening Reform and Institutional Innovation (2013). In 2012, government took a novel step by asking the NESC Secretariat, rather than the Council, to prepare a report on climate change policy, Ireland and the Climate Change Challenge: Connecting ‘How Much’ with ‘How To’. The Council is currently working on housing policy and the challenge of Ireland’s relatively high share of jobless households. The term of current Council ends in mid-2014.

Further Reading

O’Donnell, Rory, Maura Adshead and Damian Thomas, (2011) ‘Ireland: Two Trajectories of Institutionalisation’ in Sabina Avdagic, Martin Rhodes and Jelle Visser (eds) Social Pacts in Europe: Emergence, Evolution and Institutionalisation, Oxford University Press.

The periodic edited volumes on social pacts produced by the Observatoire Social Européen, Brussels, contain chapters on social dialogue in Ireland and the work of the NESC, Social Pacts in Europe (1997), Social Pacts in Europe-New Dynamics (2000), Wage Policy in the Eurozone (2002), and After the Euro and Enlargement: Social Pacts in the Euro (2010).

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International Association of Economic and Social Councils and Similar Institutions

(AICESIS)

May 2015

Social Dialogue in Italy

INTRODUCTION

The Italian Constitution (1947) by providing, in Article 99, the establishment of the National Council for Economy and Labour (CNEL) wanted to call the Social Forces to active responsibility, participation, debate and development of joint proposals with the aim of boosting the quality of democracy in the participation in the decisions of the political Institutions in economic and social topics.

HISTORY

In the second half of the 19th century the unified Italy began his national economic, civil and social growth. The early labour unions were born to demand better working and wages conditions.

The earliest associations between entrepreneurs have sought to support the role of free enterprise and to deal with the new demands of society.

It took shape the idea that the free association of ‘workers’ and ‘different interests’ could be one of the most important forms for the political and democratic growth of the Country.

Later, Fascism (1922-43) abolished every free association, formed a single fascist trade union and paralyzed the initiative of Business Associations. Each free autonomy and initiative of Social Forces was wiped out for over two decades.

After World War II, the democratic rebirth felt it necessary to recognize the essential function of the “productive sectors” in the life of the Country.

The establishment (1957) of the National Council for Economy and Labour (CNEL) has underlined the importance of the participation of the different social partners in the democratic process.

The CNEL was thought as the representative site of the Social Forces that, through the National Council, could cooperate with a sense of responsibility, to the identification of shared solutions, to the Country's growth and to strengthen social cohesion, without diminishing the dialectic between the Social Partners and between them and the democratic Institutions (Government and Parliament).

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This model has been continuously implemented since the end of the sixties of the past century, and its best performance was surely the one achieved in the years from 1992 to 2000. In that period, Italy had first to face a serious financial crisis (which led to a heavy devaluation of the currency in September 1992) and later with the problem of joining the first group of countries taking part in the European Monetary Union since its beginning.

It was in this dramatic context that Social Partners, the workers and employers organizations, made very responsible choices, fully accepting a general policy intended to control all forms of revenues and obtaining the goal of a durable social peace. A fact which, in turn, allowed for a general improvement of Italian economy and led our country to take part in the Monetary Union.

PARTICIPANTS

The Social Partners involved in the Italian social dialogue are all represented in the composition of the National Council for Economy and Labour, and to them are added experts chosen for their skill to offer additional contributions to those of the productive sectors’ representatives. The CNEL’s composition considers the numerical and qualitative importance of Social Forces represented, in order to ensure effective and equal representation between employers and workers.

PROCESS

Counsellors shall be appointed on the nomination of their own organizations, by the Decree of the President of the Republic on the proposal of the Prime Minister, after debate in the Council of Ministers.

Members of the CNEL shall hold office for five years and may be reappointed.

The President of the CNEL is appointed, from outside of its membership, by a Decree of the President of the Republic.

Usually the members gather once a month for the Assembly. Occasionally, during the same month, two or more assemblies can take place. Besides the meetings in the Assembly, the Counsellors also meet in Commissions. Commissions usually meet once a month, but in case of more intense activity or particular emergencies, even several times a month.

Since the last reform of the CNEL (2011), the Commissions may not approve any document, but they can only propose and prepare preliminary a certain document (for example: a Draft Law, an Opinion, a document of Observations and Proposals, a Recommendation). If the request is made by the Parliament, the Commissions prepare an Opinion, then pass it to the Assembly for final Resolution. At a time when the Assembly is expressed on it, the document becomes public and after the approval, it is sent to the Government. The Government uses them for measures of various nature, to guide policy and legislative measures, to give a contribution for study and research in the economic, social areas and for Employment.

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NATIONAL COUNCIL FOR ECONOMY AND LABOUR - (CNEL)

INTRODUCTION

The National Council for Economy and Labour is an Institution where all the Social Partners of the country are represented. The main mission of the CNEL is to promote and foster the social dialogue between the representatives of the different interests and between them and the Government and Parliament.

Social dialogue represents a fundamental method to increase social cohesion in the country.

The CNEL is an advisory Body of the Government, the Parliament, the Regions and the Autonomous Provinces which are provided with opinions on economic and social subjects. In addition, the CNEL, every year, provides the Parliament Reports on the labour market, collective bargaining, social policy, public administration and the integration of immigrant workers. The CNEL also launched the Project BES (“Benessere Equo e Sostenibile” = "Equitable and Sustainable Well-being"), an initiative led with ISTAT (Italian National Institute of Statistic) which is part of the international debate on the so-called "break the GDP", spurred by the belief that the parameters on which to assess the progress of a society should not just be economic, but also social and environmental, accompanied by measures of equality and sustainability.

The CNEL contributes to the elaboration of national and regional legislation in the economic and social field. It carries out studies and surveys on these subjects. It participates in the elaboration of the EU legislation and its implementation depending on the reports pre-arranged by the Government. It has the power to submit draft bills to the Parliament.

The participation of social groups in the decision-making process is necessary to allow penetration of the representatives of economic and social interests in the administrative life of the State.

HISTORY

In the Fifties, in Italy as in other European countries, it was believed that a body made up of representatives of workers and employers, could be the meeting place between the opposing economic and political forces that, at that moment in history, shook the country making it more difficult the path of reconstruction.

The provision of CNEL by the Constitution allowed the Social Forces and Institutions of the Republic to start trying to "integrate" social consensus and "canalize" it in an institutional process.

Article 99 of the Constitution is the only article that gives importance to the representative of social and economic groups, qualified "productive sectors", thanks to the establishment of the CNEL, Organ of this new representative, in adherence to the actual composition of the social body.

To give effective life to the Council, it was necessary to implement a specific law, for which approval (3 January 1957) it took almost ten years because of widespread

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concern, in the Parliament and Government, that the activity of the CNEL could make more complex the activity of the legislature. It is in this sense that should be considered some limitations set by the law establishing the activity of the CNEL, such as non-jurisdiction for certain matters and not-binding opinions.

In the Seventies, thanks to an extraordinary system of industrial relations (conflictual but stable), there was a first rethinking of the role of the CNEL, but the adaptation of its role takes place only in the Eighties, when, after the phase of the conflict, the role of the “large interests” was consolidated and there was the simultaneous strengthening of its institutional role with the reform Law (No. 936/1986).

The number of members was set at 111, in addition to the President: 99 representing the productive sectors and 12 representing qualified experts exponents of economic, social and legal culture (appointed by the President of the Republic and the Prime Minister). The President of the CNEL is appointed outside of the components by the President of the Republic on the advice of the Government.

In 2000, the composition of the Council is enlarged and, between the representatives of the productive sectors, is placed the ‘Third Sector’ (non-profit) with 10 Counsellors thus bringing the total number to 121.

Recently, in the context of the spending review, the Parliament intervened again on the composition of the Council (Law No. 214/2011) by changing the composition and reducing the number of members from 111 to 64.

At present then, the Government submitted a draft law to amend the Constitution to reform the Senate and to abolish the CNEL.

STRUCTURE

The National Council for Economy and Labour is composed of experts and representatives of the productive categories, in such measure that consider their numerical and qualitative importance. Since it was founded in 1957, over the years, there have been several legislative changes that have affected its composition and structure. The CNEL’s composition and the numerical ratios between the members are defined by the law n° 936/1986 coordinated with changes from the law n° 214/2011.

Since December 2011, the CNEL is thus composed of the President and 64 Councillors:

10 experts, who are authoritative exponents of economic, social and legal culture (8 of which are appointed by the President of the Republic and 2 are appointed by the President of the Republic upon proposal of the Prime Minister);

48 representatives of the productive area, (of which 22 representing the employees, 9 representatives of self-employment, 17 representing enterprise);

6 representing the associations for social promotion and voluntary organizations, (3 of which selected by the National Observatory of Associations and 3 selected by the National Observatory for Volunteering).

The organizations represented at the CNEL provide for the nomination of their own delegates. The organizational structure has two elements: the Council and a full-time Secretariat.

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The President is appointed by the President of the Republic upon proposal of the Council of Ministers.

The Council has thematic Commissions, Committees, Observatories and Working Groups, according to the subjects treated. The CNEL runs the national archive of the collective labour agreements and the labour market data bank. Also the National Coordination Body for the Social Integration Policies for Immigrants has been launched by the CNEL. The administrative structure supporting the activity of the Council is led by a Secretary General.

WORKING METHOD

The Council carries out its duties following an annual programme approved by the Assembly upon proposal of the President, who drafts it in collaboration with the Bureau and the Committee of Presidency, in agreement with the Commissions.

The President entrusts the various Commissions, Committees and Observatories with the various proposals. The duty of the above mentioned bodies is to prepare the documents which have to be submitted to the Assembly for final approval. The drafts have to be approved by a majority of the members of the Council and are then transmitted to the Government together with an explanatory report. Afterwards they are transmitted to the Parliament by the Prime Minister.

The Council can include in its programme any other initiative deemed advisable in order to better carry out its duties. Data and information can also be asked to economic, social and trade-union organizations.

Areas and themes of the CNEL’s activity: The economic and fiscal policies The sectorial economic policies (industry, services, infrastructures, etc.) The industrial relations: national collective bargaining and decentralized

bargaining, wages and labour costs The labour policies The Labour Market changes (Report on the Labour Market) The status of women in the labour market Youth employment Evaluations of financial laws and State assessment The reform of relations between the State and local communities The energy policy and environmental responsibility The European institutions reform The EU2020 Strategy The social policies (social inclusion, informal economy, gender equality,

quality of public services) The welfare report The “BES Report”, a project to measure equitable and sustainable well-being

(BES) The policies of integration of migrant workers and indicators of social

integration Law on the fight against organized crime

The international projection of the CNEL:

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The CNEL maintains permanent links with the European Economic and Social Committee (EESC) and is involved in its work.

In keeping with the principles governing the EU’s external activities, the CNEL is also prominently engaged in international relations. This is done partly by means of bilateral exchanges and cooperation with the Councils of similar institutions from non-EU countries and partly through the work of AICESIS, which the CNEL held the Presidency for the 2009- 2011 two-year period.

Under the AICESIS umbrella the Council has been directly involved in the activities of the UN’s Economic and Social Council (ECOSOC) and the International Labour Organization (ILO).

The CNEL is working to consolidate democracies through the widespread introduction of social dialogue as a tool for strengthening social cohesion and promoting and sustaining the dissemination of social representation bodies.

In this area, the CNEL has signed a number of memoranda of understanding with the Economic and Social Councils of major countries such as Brazil and the Russian Federation; with countries that have recently joined the European Union, such as Romania; and with the younger African countries, including Benin and Gabon.

Lastly, for more than a decade the CNEL has been actively promoting links with Latin American ESCs, attending meetings of EU and Latin America and Caribbean (LAC) civil society representatives, and monitoring the association agreement negotiations (Mercosur, Central America and Andean Community), engaging in the promotion, dissemination and consolidation of national ESCs, with the aim of encouraging their establishment in those Latin American countries which do not yet have one.

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International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

June 2014

Social Dialogue in Kenya

( by Julius M Muia, Phd, National Economic and Social Council of Kenya, NESC)

1. Introduction

In Kenya, workers’ right to industrial action to protect their interests is provided for in the constitution, laws and regulations. Also, the communication activity regarding the arrangement and development of work-related matters largely follows the tripartite approach that involves the government, employers and workers. In this tripartism, the government is represented by the Ministry of Labour to give effect to labour-related Acts of parliament and regulations; while the national umbrella organisation for employers is the Federation of Kenya Employers (FKE) and finally the apex body for workers’ unions is the Central Organisation of Trade Unions (COTU). Industrial disputes are resolved through conciliation, arbitration, negotiations and the Industrial Court. The role of NESC in the social dialogue is periphery; it concerns itself with recommendations for strategies, policies and practices to create employment, enhance workers’ productivity, achieve equity, and improve working conditions and employee welfare.

2. Structure of social dialogue in Kenya

The structure of Kenya’s social dialogue reflects the interplay between the country’s historical background, its current socio-economic conditions and the effect of global influences. In this regard, the labour laws, negotiations, consultations and exchange of views on work-related issues mirrors Kenya’s market-based capitalist economy where agriculture is the largest sector in terms of output and employment. Whilst the above underlines the importance of private enterprise, a related matter is that the informal sector overshadows the formal sector in production, number of establishments and employment.

Most of the social dialogue follows the British model where strong labour unions campaign for workers’ rights through periodic industry-wide collective bargaining actions that are augmented by picketing, go slows and strikes at enterprise, regional, sector and sometimes national level. The protagonists, who represent employers and the government work hard to ensure that the demands, activities and ensuing awards to workers do not disrupt work and render Kenya unattractive to private capital.

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Owing to freedom of expression and open media, it is now common practice for parties in industrial disputes to use extensive media coverage to publicise their case and lobby for public support.

3. The Role of Trade Unions

Trade unionism in Kenya was first registered in 1934.`Subsequent impetus for their growth was provided by the launch of International Trade Unionism after the end of the Second World War and support by the British Trade Union Congress. In the period to 1963, when Kenya attained her independence, the trade union movement grew in strength but had mixed results because the unions were also involved in the fight for political freedom. The ensuing militancy led to worsening of employer-employee relations and formation of splinter groups that unsuccessfully tried to form a national trade union congress. To resolve these splits the Apex Body of trade unions, Kenya Federation of African Workers Congress, was dissolved by the government in 1965 and replaced by the Central Organization of Trade Unions (COTU). This was in line with Kenya’s Sessional Paper No. 10. on “African Socialism and its Application to Planning in Kenya”, which called for "one central organization for trade unions” to protect the workers and advance the interests of the nation...”.

The freedom of association that is guaranteed by law has enabled COTU to entrench itself as the National Trade Union Center in Kenya and be an affiliate to the International Trade Union Federation. However, despite a membership of 1,500,000 against a working population of about 10 million people, COTU’s premier position was recently challenged in January 2014 by the emergence of a rival splinter group called the Federation of Public Service Unions of Kenya (PUSETU). Further, it is also evident that COTU does not represent the vast majority of workers in the informal sector who are not members of any union.

4. Employers’ Associations

Formed in 1959, the Federation of Kenya Employers (FKE) promotes the interest of employers by seeking to ensure that Kenya’s labour and social policies provide an environment that is favourable to enterprise, sustainability and job creation. Its membership comprises over 4,500 small and large employers both directly and indirectly through associations that cut across all sectors of the economy in both public and private sectors. FKE is a member of the International Labour Organisation, (ILO), and besides advising employers on labour issues it represents them in conciliation panels.

5. Dispute Resolution

The Ministry of Labour is the focal government agency that is responsible for operationalizing the tripartite mechanism when dealing with labour and related social issues. The ministry is also responsible for the ratification or denunciation of conventions and recommendations as well as the formulation and implementation of National Labour Legislation and policy through the National Labour Board and the National Tripartite Consultative Council.

The hallmark of Kenya’s social dialogue is voluntary dispute resolution which encourages Alternative Dispute Resolutions (ADR) and thereby avoids over legalising issues. The law allows disputing parties to appoint an arbitrator and gives a chance to the Minister for Labour to appoint a conciliator or set up a conciliation panel to

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resolve disputes before they escalate. Furthermore, the Employment Act provides that, “whenever any question, difference, or dispute arises as to the rights or liabilities of either an employer or employee, the aggrieved party may complain to the labour officer or lodge a complaint or suit in the Industrial Court”. The law also specifies that a trade dispute must first be subjected to conciliation and can only be referred to the Industrial Court if the ADR process fails.

The Industrial Court was set up under the Ministry of Labour in 1964 to resolve industrial disputes in a manner that weighs social justice against the needs of economic growth. The court facilitates social dialogue by defining and adjudicating the rights and obligations of the tripartite members -governments, employers and employees. However, the entry of other players who are not traditionally associated with tripartism such as Non-Governmental Organisations (NGOs) has forced the Court to expand its role beyond trade unions and employer groups.

In recognition of the importance of social dialogue and demands of the changing times, the mandate and stature of the Industrial Court was strengthened by the Constitution of Kenya 2010 which elevated it to a Superior Court of Record. The court now has “exclusive, original and appellate jurisdiction to hear and determine all disputes referred to it.......relating to employment and labour relations”. Its purpose is to settle employment and industrial relations disputes and the furtherance, securing and maintenance of good employment and labour relations in Kenya. The Court has played a key role in ensuring amicable resolution of industrial disputes in Kenya.

6. The Role of NESC in Kenya’s social dialogue

Since the establishment of NESC in 2004 as a top advisory body to the government of Kenya on policies to fast track the socio-economic transformation of the country, the ESC has contributed indirectly to social dialogue in Kenya by focusing mainly on fundamentals such as over-arching strategy and policy. Kenya’s long-term development plan, Vision 2030, which was developed by NESC between 2006 and 2008, lays the foundation for social dialogue. Among the Vision’s key goals are “building a just and cohesive society that enjoys equitable social development in a clean and secure environment”; “creating a globally competitive and adaptive human resource base”; and “raising labour productivity to international levels”. As part of its advisory role to deepen the drivers of transformation in Vision 2030, NESC recently worked with the Ministry of Labour to develop two key policy papers, namely “Employment Strategy and Policy for Kenya 2012” and “National Productivity 2012”.

7. ConclusionThe main actors in Kenya’s social dialogue are the tripartite players through their representatives. This process is provided for in the country’s law and business practice. By dint of its mandate, NESC does not participate directly in Kenya’s social dialogue. However, its policy advice and recommendations seek to provide an objective and favourable environment for engagements between employees, employers, government (executive, legislature and judiciary) and new entrants in the social dialogue space such as NGOs and think tanks. The impact of the indirect input of NESC will show as Kenya attains an upper middle income status where all its citizens will enjoy a high quality of life by 2030.

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________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

May 2012

Social Dialogues in Korea and the Economic and Social Development Commission

(Economic and Social Development Commission of the Republic of Korea)

1. Social dialogues in Korea

In Korea, the state-led labor relations, which is also characterized by corporate welfare-orientedness and favoritism and had persisted throughout the 30 years of industrialization, came to an end in 1987, the year of the Grand Struggle for Democratization, and gave way to a new paradigm of labor relations involving social dialogues in the 1990s in step with the trends of globalization and information society.

1) Democratization Struggle (1987)~ shortly before the foreign exchange crisis (1997)

□ National Economic and Social CouncilIn April 1990, based on the proposal of the Federation of Korean Trade Unions (FKTU), the National Economic and Social Council was inaugurated as a primitive body of tripartism which consisted of the representatives from employers, workers and public interests. The Council held two ‘discussion forums for social consensus”, respectively in March 1991 and February 1992, both hosted by the President. However, the Council failed to gain sufficient public support, partly because the government was not part of the social dialogues and partly because many organized workers remain suspicious about the government’s intention to take advantage of the Council as a policy means of wage control.

□ National Wage AgreementsIn the wake of the 1987 democratization movement, there occurred an eruption of labor disputes and the rise of wages at a faster rate than productivity growth. In a response, the government adopted the total wage system, only to face the persistent protest from trade unions and undermine the autonomy in the labor relations. Once the total wage system failed to achieve what it was intended for, FKTU and Korea Employers Federation (KEF) concluded two National Wage Agreements, respectively in April 1993 and March 1994.

However, these agreements did not show such strong effect of wage restraint as had been expected. The reasons might be that the national labor organizations were not

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able to control their unit unions while the employers, in fear of unions’ strikes, resorted to an irregular way of increasing wages.

□ Labor Relations Reform CommissionAfterwards, the government, in a bid to cushion the shock of the ever-growing globalization and meet the global standards listed by OECD and ILO, proceeded with the labor relations reform within the framework of social dialogues among the three parties – employers, workers and public interest members.

In May 1996, the Labor Relations Reform Commission was launched, composed of the representatives from the Korean Confederation of Trade Unions (KCTU), then non-legal labor organization, FKTU, KEF and public interests, for the purpose of drafting a plan for labor relations reform which could meet both the need of increased flexibility in the labor market in the age of globalization and the demand for democratization in the labor relations. The consequent plan for labor relations reform served as a basis of the revised Labor Relations Act of 1997, which in turn allowed the non-legal labor organizations to come into the legal fold and laid the institutional foundation for more flexibility in the labor market.

2) Social dialogues in post-crisis years

□ Economic and Social Development Commission (ESDC)The foreign exchange crisis which began in end-1997 acted as an economic variable which prompted the efforts for inclusive social dialogues in economic and social terms. Faced with an unprecedentedly serious level of economic difficulty, the government asked for a bailout program from the International Monetary Fund (IMF). The crisis recovery solutions suggested by IMF included the actions to increase flexibility in the labor market, including massive layoffs for economic reasons.

In an effort to ride over this national crisis with tripartite cooperation, the Korean Tripartite Commission was founded in January 1998. The Commission made a substantial contribution to the economic recovery of this country, especially by concluding the ‘Social Accord to Overcome the Economic Crisis’, a 90-point agreement for structural reforms in four areas – financing, public sector, companies and labor.

In the initial years, the Commission was composed of the representatives from FKTU, KCTU, KEF and the Federation of Korean Industries (FKI), two ministers of the government (Minister of Finance and Economy and Minister of Labor) and four political party representatives. When compared to the previous Labor Relations Reform Commission, the Tripartite Commission was a much advanced body of social consultation, especially in terms of representation and enforceability.

At present, the Economic and Social Development Commission (into which the Tripartite Commission has been transformed) plays a pivotal role in the social dialogue efforts in Korea. ESDC, which brings together the representatives from workers, employers and the government (FKTU, KEF, the Ministry of Knowledge Economy, the Ministry of Strategy and Finance), the public interest members from the academia and the representatives from civic organizations, is a social consultative body in which the participating stakeholders have the opportunities to exchange their views, cooperate with each other for mutual benefits, and engage themselves in the processes of revising the labor relations legislation and making public policies associated with the labor market and social welfare

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□ Regional Four-way PartnershipIn addition to ESDC for national-level social dialogues, there are bodies of four-way partnership in which the government, employers, workers and citizens have social dialogues at local level.

Thus the Regional Four-way Partnership is a local-based system of social dialogues within which the local players, along with the public interest representatives of the region, work together to discuss and address the labor or economic issues at local level, for the ultimate goal of promoting the growth of the local economy and contributing to a balanced development of the national economy. At present, the bodies of Regional Four-way Partnership are in operation in 101 local areas.

Korea is frequently quoted as a model case of social dialogues among many Asian nations. Indeed, the tripartite delegations of more than a dozen Asian countries, including the Philippines, Mongolia, India, Indonesia, Malaysia, Vietnam and Thailand, visit ESDC every year to benchmark the Korea experiences and know-how in social dialogues.

2. The history and current status of ESDC

1) The evolution of ESDC

The Korean Tripartite Commission was inaugurated in January 1998, in a way to overcome the economic difficulty triggered by the end-1997 global foreign exchange crisis. Since then, the Commission has gone through a series of changes in its nature and status, reasonably in step with the changing environment of the labor relations.

□ Phase 1 (January ~February 1998)The Tripartite Commission in Phase 1 started as a tripartite consultative body for economic crisis recovery and social integration under the direction of then President-elect KIM, Dae-jung. The Commission consisted of the representative from employers, workers, the government and political parties and dealt with encompassing, macro-level and national agenda, even including conglomerate reforms.

□ Phase 2 (June 1998~ August 1999)The Commission in Phase 2 , based on the Regulation on the Tripartite Commission (Presidential decree) which was enacted on March 28, 1998, consisted of the representatives from employers, workers, the government, political parties and public interests and carried out social consultations with a particular focus on the ongoing restructuring in the areas of financing, public sector and businesses.

□ Phase 3 (September 1999 ~ April 2007)The Commission in Phase 3 was governed by the ‘Act concerning the Establishment, Operation, etc. of the Tripartite Commission’ of May 1999. In this phase, political parties withdrew from the Commission, which consequently comprised the representatives from employers, workers, the government and public interests. This type of composition has remained unchanged until now. The discussions at the Commission were usually about how to improve the employment situation, working conditions and the labor relations institutions, although restructuring and social policies were also part of the agenda.

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□ Phase 4 (April 27, 2007 ~ present)In Phase 4, the Tripartite Commission was renamed to ‘Economic and Social Development Commission’ in January 2007, and the Commission law was also revised to reflect the changes, including the introduction of agenda-specific and industry-specific committees.

2) Composition and operation of ESDC

ESDC is a Presidential advisory body on labor policies and, at the same time, an independent body of tripartite policy consultation. Its main function is to discuss not only the labor policies to secure job stability and upgrade working conditions and the labor relations, but also the industrial, economic and social policies which have a significant influence on the labor affairs.

With regard to the organizational structure of ESDC, it includes the ‘Plenary Committee’ as the highest decision-making apparatus; ‘Standing Committee’; ‘committees by agenda’ and ‘committees by industry’ where working-level discussions are made about the relevant agenda; the ‘secretariat’ which provides administrative supports for the operation of the committees; and the ‘Committee for Assessing Implementation’ in which the members representing employers, workers, the government and public interests work together to assess the implementation of the agreed-on points.

The committees by agenda currently in place are: Committee on Reduction of Hours Worked; Committee on Win-win for All Generations; Committee on Make-Work-Pay Social Security; and Committee on Occupational Accident Prevention System.

The participants of the Plenary Committee include: ESDC Chairman, also as the Committee Chairperson; ESDC Vice-Chairman; FKTU Chairman, as a worker member; Chairman of Korea Employers Federation and Chairman of Korean Chamber of Commerce & Industry (KCCI), as employer members; the Minister of Employment and Labor, the Minister of Strategy and Finance and the Minister of Knowledge Economy, as government representatives; and college professors and President of Korean National Council of Women (KNCW), as public interest members.

ESDC, since its foundation in January 1998, has so far concluded 168 major social agreements, making substantial contributions to overcoming the two economic crises, upgrading the labor relations systems and resolving social conflicts. The list of the major agreements concluded is appended at the end of this writing.

3. ESDC’s efforts for advanced social dialogues in Korea

First, ESDC is trying to reinforce the representation of social dialogue participants. As the participants in social dialogues of this country are currently limited to the representative from employers, workers, the government and public interests, all the interest groups are not properly represented in a variety of agenda.

Fully aware of this problem, ESDC is making efforts to work out a mechanism by which a range of social classes, including unorganized workers and SME employers, are evenly represented, and extend the scope of public interest members, which is now confined to the academia, to include civil and social organizations and journalists.

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Second, ESDC is working hard to broaden the boundary of the agenda for social dialogues.

Although the ‘ESDC Act’ provides that the Commission may “discuss labor policies and relevant economic, social and industrial policies”, the discussions in ESDC are, in reality, generally focused on the agenda concerning labor policies.

Therefore, ESDC is trying to ensure that discussions and consultations in the Commission cover a wide range of agenda which are in line with public demands and fully reflect the pressing and future-oriented issues closely associated with ordinary people’ livelihood, such as social polarization, low birth rate and population aging.

Last but not least, ESDC is exerting efforts to establish the system of promoting and assessing the implementation of the agreements concluded.

More specifically, ESDC is running the Committee for Assessing Implementation to evaluate the progress in the implementation of the agreements that it has concluded. However, it is criticized that the participating representatives are often too focused on reaching agreement, end up signing a simply theoretical, abstract or ambiguous agreement, making it difficult to check and monitor its implementation and undermining public confidence in the agreement.

In response, ESDC is working to ensure that, with regard to the agenda on which agreement can be reached, the agreement includes the contents and timetable of implementation for each of the signatories as specifically as possible, and that the implementation of the agreement is closely monitored in a follow-up process to guarantee its implementation. Simultaneously, as for the agenda on which agreement is impossible or difficult to reach, ESDC is trying to establish the procedures in which a statement of the final views of worker and employer members on the agenda, along with public interest members’ opinion, is sent to the government or a written opinion of public interest members, based on their faithful consultation with worker and employer members, should be delivered to the government.

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【 Appendix 】 List of the major agreements of ESDC

① Playing a leading role in riding over economic difficulties∙ Social Pact to Overcome Economic Crisis (February 1998)- a 90-point agreement which provided for increased transparency in corporate governance; more speedy restructuring; the actions to stabilize prices and employment and reduce unemployment; stronger social protection; the measures for wage stability and labor-management cooperation; guarantee of basic labor rights; more flexibility in the labor market, etc. ∙ Agreement by Labor, Management, Civic groups and the Government to Overcome the Economic Crisis (February 2009)- a 64-point agreement which included the action plans of the government, employers and workers for work retention and sharing; the role of the private sector in overcoming the economic crisis; the measures to create jobs and promote employment; the establishment of the social security net for the unemployed and other disadvantaged groups, etc.

② Minimizing social conflicts in the course of structural reforms∙Agreement on the development of the financial industry and the directions for financial reform (July 2000)

∙Agreement on workforce reduction in the postal sector (August 2000)∙Agreement on the matters concerning the railway restructuring plan

(December 2000)∙Resolution concerning electric power distribution split-up in the electricity industry (June 2004)

∙Agreement on the honorary retirement program of government-invested organizations (March 2006)

③ Contributing to promoting basic labor rights and upgrading labor relations

∙ Agreement to guarantee the right to organize teachers’ unions (October 1998)∙ Agreement on the revision of the Political Fund Act to guarantee unions’

political activities (September 1998)∙Agreement on the measures to secure effectiveness of collective agreements

(December 2000)∙ Agreement to improve the labor dispute adjustment system and relevant

practices (November 2002)∙ Agreement to improve the system of collective dispute settlement (December

2006)∙ Agreement to improve the collective bargaining structure (May 2008)∙ Agreement on the measures to advance the legislation and institutions

concerning the labor relations (September 2006)∙ Public interest members’ agreement on the rationalization of the bargaining

structure for multiple unions and the system of full-time unionists (July 2009)

④ Contributing to increasing labor market efficiency and building a framework of unemployment measures

∙ Agreement on the measures to improve the vocational training system (July 2001)

∙ Agreement to generate jobs for young people (July 2002)84

∙ Social Pact for Job Creation (February 2004)∙ Agreement on vocational training for non-regular workers and SME

employees (March 2006)∙ Agreement to expand the labor market participation of middle-aged and aged

people (March 2006)∙ Agreement to build the local systems of employment and human resource

development and promote local development (December 2006)∙ Agreement to support SMEs in step with coming-into-effect of the non-

regular work law (December 2007)∙ Agreement on the improvement of the wage structure to promote wage

stability (May 2008)∙ Public interest members’ proposal on the guideline to protect working conditions of the in-house subcontractors’ employees (May 2011)

∙Agreement to improve employment at SMEs (June 2011)∙Tripartite agreement to promote employment for babyboomers, etc. (June

2011)

⑤ Contributing to a better quality of working life, by extending social protection

∙ Agreement on the reduction of working hours (October 2000)∙ Agreement in relation to the enactment of the Framework Act on Employee Welfare (October 2000)

∙ Agreement in relation to the measures to increase child care service for low-paid workers (March 2006)

∙ Agreement to upgrade the Industrial Accident Compensation Insurance (December 2006)

∙ Agreement to advance the Employment Insurance (October 2008)∙ Agreement on the improvement of the industrial safety and health system (October 2008)∙ Agreement to improve the practice of long-hour work and advance the labor culture (June 2010)

∙ Agreement to reinforce public employment services and activate private employment services (July 2010)

∙ Public interest members’ proposal for the improvement of working hours in exceptional sectors (January 2012)

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___________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

February 2015

Social Dialogue in Luxembourg

(by Marianne Nati-Stoffel, Secretary-GeneralEconomic and Social Council of Luxembourg)

1. Social Dialogue in Luxembourg

1.1 Introduction

Luxembourg has a long-standing tradition of social dialogue. Socio-economic consultation is based on a vast network of national contribution and dialogue-based institutions including the Economic and Social Council (Conseil économique et social), the Tripartite Coordination Committee (Comité de coordination tripartite), the Economic Environment Committee (Comité de Conjoncture), the Permanent Committee of Labour and Employment (Comité permanent du Travail et de l’Emploi), together with the five professional chambers for employers and employees, and numerous specific tripartite councils, committees and commissions within the ministries, the Ministries, especially the ministries of Labour, of the Economy, of Education, for Equality, of Continuous Training and of Land-Use Planning, together – and the Social Security institutions. It also relies on the network of institutions which regulate company industrial relations including staff delegations, company joint committees and staff representation by bodies of joint stock companies (société anonymes).

This robust network is the product of a long process of progressive involvement of the social partners into the development of government policies and business management.

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1.2 Origin and Development of Social Dialogue in Luxembourg

- After the First World War, the idea of creating an interprofessional social dialogue body was already in the pipeline. Indeed, in 1924, during the parliamentary debates on the establishment of employer and employee professional chambers in Luxembourg, the concept of uniting these chambers under an economic and social council had already been proposed.

In keeping with this initiative, several tripartite advisory bodies were created in the pre- and post-war years, including: The Economic Council (Conseil économique) (1933), replaced in 1945 by a National Economic Council (Conseil de l'Economie nationale), which was responsible for examining issues related to the structure, regulation and organization of the Luxembourg economy.

The National Labour Council (Conseil national du travail) (1936), replaced in 1944 by the National Labour Conference (Conférence nationale du Travail), comprising an equal number of employer and employee representatives, whose purpose was to overcome and prevent industrial disputes and to monitor changes in the employment market (employment and unemployment).

Despite the worthwhile contribution of the National Economic Council and the National Labour Conference, created in the wake of the Second World War to rebuild the country, the statutory limitation of their remits did not enable them to give sufficient consideration to the interdependence of economic and social issues. These two bodies were dissolved in 1966 and the Economic and Social Council (ESC) was created in their place.

During the period in which the ESC was created, the prevailing approach was based on trust and complicity between all stakeholders, allowing the implementation of measures to make Luxembourg an appealing place to live and to maintain a high employment rate. At the time, strong growth, a high standard of living and low unemployment contributed to ensuring stable social cohesion.

The oil and steel crises of the 70's and 80's had a considerable impact on Luxembourg's economy because of the major role of the steel industry. Urgent solutions were required to lift the country out of this crisis, limit the impact on employment and the public purse, stimulate economic growth and maintain full employment.

It was in this context that the Tripartite Coordination Committee was established by the 24 December 1977 Act.

Against the backdrop of the economic crisis at that time, multiple tripartite consultation bodies were created which subsequently had the effect of duplicating some of the ESC's duties; that was prejudicial for its functioning.

Following the 2008 financial crisis and the ensuing economic and social crisis, most tripartite bodies encountered some obstacles in 2010, primarily due to the differing or even opposing positions of employer and employee representatives.

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- This brief overview of social dialogue in Luxembourg would not be complete without a short description of some key dates on the origins of the social model on which social dialogue is based.

The first Social Security Act was introduced in 1901. This Act and the risks covered by it were gradually extended and added to the benefit of the entire population. The collective labour agreements were introduced in 1936, together with a procedure for industrial dispute conciliation. The statutory minimum wage was introduced in 1944. In 1975, the automatic indexing of wages to price fluctuations was applied across the board. The legislation was later amended and adapted.

The collective agreement coverage rate is 60%.1

1.3 Social Dialogue Institutions in Luxembourg

1.3.1 The ESC

1.3.1.1 Legal Basis

- The ESC was created by the 21 March 1966 Act establishing the Economic and Social Council (ESC). The Economic and Social Council of the Grand-Duchy of Luxembourg is the government’s permanent consultative institution for the country's economic and social guidance. The ESC, as the "house of permanent social dialogue", serves as a national centralized tripartite think-tank and socio-professional consultation body.

In the institutional hierarchy, the ESC, as a consultative secondary body established through an ordinary Act, examines issues at an early stage, prior to final arbitration and decisions to be taken by the Government and the Chamber of Deputies (Chambre des Députés). It therefore plays the important role of planner and catalyst for ideas. Its primary aim is to align the positions of the two main economic forces – capital and labour, which often have opposing views. In doing so, its main problem is considering what is in the general interest.

The ESC closely observes society; watching both for future demands on the economy, as well as new requirements expressed by the men and women of society.

The 1966 institutional Act was subsequently amended on several occasions to adapt it to new socio-economic and professional circumstances, including:

- The 15 December 1986 Act, which extended the socio-professional groups and sectors represented within the Council, as well as clarifying and developing its missions, particularly as regards the extension of referrals on specific economic, financial and social issues, the communication of the Tripartite Coordination Committee's opinions, and any referrals to the ESC in this area.

- The 15 June 2004 Act reforming the ESC, which again extended the socio-professional groups and sectors to take into account the change in their socio-economic roles, as well as clarifying and developing its missions, particularly as regards European policy. In the context of the harmonization of the economic policies of Member States of the European Union (which is, since 2011 known as the "European Semester"), the ECS issues opinions in order to accompany the various

1 Source: AIAS (Amsterdam Institute for Advanced Labour Studies)88

stages of preparation of the broad economic policy guidelines by the Council of the European Union.

- The 10 March 2014 Act opened terms of office for current and substitute members to non-Luxembourg nationals. This change has enabled the ESC to base its composition on the huge transformation which Luxembourg society has undergone since 1966, due to the fact that non-Luxembourg nationals now represent a large proportion (44%) of Luxembourg's resident population.

1.3.1.2 The Structure of the ESC

The ESC's current composition was defined by the amended Act of 21 March 1966, and comprises 39 current members and the same number of substitute members, divided into three groups.

- 18 employer representatives are appointed to the Council by the Government, at the proposal of the most representative professional organizations and are divided as follows:

13 company representatives, 3 agriculture and wine-growing representatives, 2 representatives of the liberal professions,

- 18 employee representatives are appointed to the Council by the Government at the proposal of the most representative professional organizations at the national level, and are divided as follows: 14 representatives of private sector employees, 4 representatives of civil servants and public sector workers.

- 3 representatives with proven economic, social and financial skills are appointed directly to the Council by the Government. As a general rule, the members of this "third group" are senior officials and experts in the fields of economics, finance, labour and social security.

Current and substitute members are appointed for a four-year period. Each member's term of office is renewable. All ESC terms of office are renewed at the end of each four-year period. The division of roles within the employer and employee groups is performed by a Grand-Ducal Regulation, based on the opinion of the ESC. This division of roles may be reconsidered when all of the ESC terms of office are renewed.

The ESC’s constituent bodies are the Plenary Assembly (Assemblée plénière), the Bureau, the Working Committees (Commissions de travail) and the General Secretariat (Secrétariat général).

The Bureau comprises the President and two Vice-Presidents, representing the ESC's three constituent groups, as well as the Secretary-General.

The President and two Vice-Presidents are appointed by the Grand Duke for a two-year period, based on the ESC's recommendations. They are appointed according to the principle of rotation between the three groups. The appointment of a Secretary-General is recommended to the Grand Duke following a vote of the Plenary Assembly

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In accordance with the principle of rotation between the ESC's three constituent groups, the Bureau for the 2015-2017 term of office is as follows:

Ms Pascale TOUSSING, President Mr Gary KNEIP, Vice-President Mr Marco WAGENER, Vice-President Ms Marianne NATI-STOFFEL, Secretary-General

The Working Committees are set up according to the issues being examined.

1.3.1.3 Missions

The Council's objective is to submit viable proposals to the Government in order to provide guidance on the choices to be made regarding the implementation of future policies.

The ESC's missions are defined by the amended Act of 21 March 1966, and consist mainly of:

Producing an opinion on the country's economic, social and financial situation during the first quarter of each year;

Supporting, through its opinions, the various stages of preparation of the Integrated Guidelines (IG) issued by the Council of the European Union, which bring together the Broad Economic Policy Guidelines (BEPG) and the Employment Guidelines (EGs) with a view to coordinating EU Member States' economic policies, known as the European Semester since 2011.

At the Government's request, issuing an opinion on general measures which the latter is planning to implement through legislation or regulation, in areas covering several economic sectors or professional groups, or even the whole of the national economy;

Submitting opinions on specific issues at the Government's request; At the Government's request, ruling by way of an opinion which is in principle

unique and coordinated, on all matters of general interest, and all issues on which the professional chambers have put forward fundamentally different opinions;

At the Government's express request, ruling on the opinions issued by the Tripartite Coordination Committee;

Advising the Government on supranational policy in economic, social and financial matters.

At the Government's request, ruling on annual updates to the consumer price index weighting scheme;

Supporting structured European social dialogue on a national level; Organising support for national social dialogue; Organising consultations with the Luxembourg delegations of supranational

consultative bodies such as the Economic and Social Committee for the Wider Cross-Border Region (Comité économique et social de la Grande Région transfrontalière – CESGR)2 and the European Economic and Social Committee (Comité économique et social européen – CESE);

The ESC may also study, at its own discretion and as it sees fit, general or specific economic, social and financial issues.

1.3.1.4 The Work of the ESC

2 www.granderegion.net/fr/cooperation-politique-interregionale/cesgr/index.html90

In addition to its annual opinions on the country's economic, social and financial situation, the Luxembourg ESC has produced numerous opinions on a wide range of topics, including continuous training, immigration, the role of the State, global reform of tax or the time savings account (compte épargne-temps), economic perspective for the financial and industrial sectors and Luxembourg's integration policy.

Since its inception, the ESC has issued 191 opinions. Some of its opinions have served as a basis for the preparation of the relevant acts, such as regulations on the statutory minimum wage, the introduction of a guaranteed minimum income, the 1990s tax reform, health insurance and immigration.

They can be consulted on the ESC website at www.ces.public.lu .

In 2010, the lack of tripartite agreements between the social partners and the deterioration of socio-professional relations was reflected in the ESC's work. Discussions became increasingly difficult. The two sides were diametrically opposed, particularly in respect of the assessment of the public finances. This situation led to an impasse in the dialogue, on which the ESC President at the time commented: "there was no room for consensus. We were more divided than united."

In order to overcome this impasse, the ESC analysed the obstacles to peaceful and constructive dialogue, and during its Plenary Assembly of 12 January 2012, decided to put its statutory obligations on hold, in particular its annual opinions on the country’s economic, social and financial development, as well as it opinions on the Broad Economic Policy Guidelines (BEPG) (the topics of which were too close to the daily political reality and had little chance of resulting in a shared approach). The ESC decided instead to restore dialogue by updating its missions, based on a triennial programme for the 2012-2014 period, by selecting topics from the economic, social, financial and environmental domains according to their strategic interest for the country's future.

Through this more forward-looking programme, the ESC decided to distance itself from "fiery'" political events and to focus on subjects on which it would be easier to speak with a common voice, and to finally produce a more readable opinion without being hindered by subjects that had already been dealt with by other tripartite institutions.

At the end of 2014, the ESC drafted a report of the work accomplished. The result was deemed positive, as the ESC had managed to overcome the impasse and issue a number of important opinions for the country's future, economic development and social cohesion, such as:

- "L'accès à un logement abordable" (Access to affordable housing), 28 October 2013.

- "Le PIBien-être" ('GDP well-being'), 28 October 2013, an opinion prepared in collaboration with the High Council for Sustainable Development (Conseil supérieur pour un développement durable)3.

- "La politique d'intégration au Luxembourg" (Integration policy in Luxembourg), 6 June 2014

- "Perspectives économiques sectorielles à moyen et long terme dans une optique de durabilité – secteurs de la finance et de l'industrie" (Medium and long-term

3 Established by the 25 June 2004 Act regarding the coordination of a national sustainable development policy

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sectoral economic perspective to ensure sustainability – financial and industrial sectors", 6 June 2014

- "Actualisations annuelles du schéma de pondération de l’indice des prix à la consommation" (Annual actualisations of the consumer price index weighting scheme), 29 January 2014 and 20 January 2015.

- "Décision relative à l’ouverture des mandats du CES aux ressortissants des Etats-membres de l’UE" (Decision regarding the opening of ESC terms of office to EU Member State nationals), 22 January 2013

- "Réimplication du CES au semestre européen" (Reinvolvement of the ESC in the European Semester), 17 November 2014

- "Déclaration d’accord sur un programme d’activité pour la période 2012-2014, respectivement pour la période 2015-2016" (Declaration of agreement for an activity programme for the 2012-2014 period, and respectively the 2015-2016 period), 12 January 2012 and 17 November 2014

Other opinions are currently being prepared, including:- "Implication du CES au semestre européen" (Involvement of the ESC in the

European Semester)- "Indicateurs – Approche cohérente de l’ensemble des indicateurs en matière de

compétitivité, macro-économique, sociale et de durabilité" (Indicators – A coherent approach to all indicators related to competition, macroeconomics, society and sustainability)

- "Perspectives économiques sectorielles – Artisanat et commerce – Transport, Logistique et Mobilité" (Sectoral economic outlook – Trades and business – Transport, logistics and mobility)

- "Réforme fiscale" (Tax reform)

Based on its positive report for the 2012-2014 period, during its Plenary Assembly of 17 November 2014, ESC reiterated its support for the approach adopted in 2012. A new activity programme was adopted. It aims to continue the previous programme, and this time is limited to a short two-year term of office from 2015-2016.

The ESC has also become involved once again in the procedure known as the 'European Semester'. The European policies linked to the European Semester have a major impact on national policies, this aspect was always underlined in the ECS's opinions, espacially in "l'évolution économique, sociale et financière du pays" (the country’s economic, social and financial development), "les grandes orientations de politiques économiques" (the Broad Economic Policy Guidelines) and "les lignes directrices intégrées pour la croissance et l’emploi" (Integrated Guidelines for Growth and Jobs).

In a letter addressed to the Prime Minister dated 3 October 2014, the social partners highlighted the ESC's crucial role, and submitted a joint proposal to the Government to re-involve the ESC in the work of the European procedure.

The ESC's opinion of 17 November 2014 sets out a framework for its re-involvement in the European Semester, based on a new working method by setting up annual meetings between the social partners and the Government at the key stages of the process, and through active dialogue between the social partners.

The Government supported the proposal of the ESC and the social partners, and, by mutual agreement with the social partners, set up a scheduled annual cycle of social dialogue on the European Semester. The social dialogue cycle is arranged around four

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meetings which are held prior to decision-making periods, in order to be able to consider the social partners' points-of-view.

The first two meetings are held under the auspices of the ESC:- The first took place on 26 January 2015 and was held in a European setting. Its purpose was to gain information on the Government and social partners' positions in relation to the European Commission's Annual Growth Survey;- The second meeting will be held on 30 March 2015, and will be held in a national setting. Its purpose is to gain information on the Government and social partners' positions, with a view to developing a National Reform Programme and a Stability and Growth Programme;- The other two will be held at the invitation of the Government, one on the preparation of the State budget (June/July), and the other on the in-depth analysis of the employment market and the social situation, based specifically on the work of the Permanent Committee of Labour and Employment.

The purpose of the meetings is for the Government to be able to take the views of the social partners into consideration in its European responses and discussions. Where necessary the ESC will be called upon to carry out an in-depth analysis of any of the subjects related to the European Semester and to submit its opinion, either through a referral from the Government or a self-referral.

1.3.2 Other Tripartite Institutions

1.3.2.1. The Tripartite Coordination Committee

The Tripartite Coordination Committee (the Tripartite) was created by the 24 December 1977 anti-crisis amended Act4. Its statutory mission is to intervene when the severity of the economic and social situation requires widespread national solidarity measures. The Act contains nine indicators for assessing the status of the economic and social situation.

The Tripartite is chaired by the Prime Minister, and brings together Government representatives and employer organizations5, together with representatives nominated by the most representative trade unions at the national level6.

The Tripartite has gradually deviated from its original purpose, i.e. combating the economic crisis with a view to maintaining competition and employment.

Since its inception, the Tripartite has issued 11 opinions.

The most recent opinion issued by the Tripartite Coordination Committee dates from 28 April 2006. It addressed all of the measures designed to remedy the fundamental imbalances which were detrimental to the competitiveness of the national economy and to the future of the country as a whole.

Following the 2008 financial crisis and in particular the ensuing economic and social crisis, the Tripartite met several times in 2009 and 2010, but no agreement could be 4 24 December 1977 amended Act authorising the Government to take measures to stimulate economic growth and to maintain full employment. (TRIPARTITE)5 Luxembourg Business Union (Union des entreprises luxembourgeoise – UEL)6 Luxembourg Confederation of Independent Trade Unions (Confédération syndicale indépendante du Luxembourg – OGBL); General Civil Service Confederation (Confédération Générale de la Fonction Publique – CGFP), Luxembourg Confederation of Christian Trade Unions (Confédération Luxembourgeoise des Syndicats chrétiens – LCGB)

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reached as a result of the meetings. These successive failures were largely due to the deep divisions between the stakeholders on the assessment of the country's economic, financial and social situation, and on the proposed measures.

This series of obstacles faced by the Tripartite had repercussions on the ESC.

In order to re-establish the social dialogue, in the autumn of 2011 the Government decided to lead separate bilateral meetings with the trade unions and employer organizations. However these meetings also ended in failure.

In 2014, the new Government (which came into power in December 2013) brought the social partners together on several occasions to inform them of the measures that it planned to implement, particularly those related to the budget and its programme for the future.

Subsequently, two bipartite agreements were reached by the Government, one with the trade unions on 28 November 2014, and one with the employer organizations on 14 January 2015.

Following these two bipartite agreements, the Government brought the social partners together, primarily to find solutions for unemployment, training, the statutory minimum wage and competition. These issues will continue to be debated by the Government and the social partners.

1.3.2.2. The Economic Environment Committee

The legal basis of the Economic Environment Committee is based on the 26 July 1975 Act. It authorizes the Government to take measures to prevent redundancies due to the economic situation, and to maintain employment levels. The members of the Economic Environment Committee originate from both employee and employer organizations, and from various ministries and administrative authorities. The Minister for the Economy calls a meeting of the Committee once a month.

The role of the Committee is to closely monitor changes in the economic situation, to monitor changes in the Luxembourg employment market and to report back to the Governing Council (Conseil de Gouvernement). It is also tasked as part of its duties with issuing opinions related to various types of short-time working requests, and on early retirement/adjustment requests.

1.3.2.3. The Permanent Committee of Labour and Employment

The Permanent Committee of Labour and Employment was established by the 21 December 2007 Act. It is chaired by the Minister of Labour and Employment, and unites the social partners. It is tasked with regularly studying employment and unemployment, and primarily monitors how the employment market operates and develops.

2. The Future of Social Dialogue

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The Government and Social Partners have emphasized their firm belief in social dialogue, which in a small country is essential to maintaining competition, cohesion and social harmony. The economic crisis and the difficulties faced in reaching an agreement on the policies needed to rectify public finances and the economy and to keep unemployment in check have led the stakeholders to reflect on and put in place new governance and working methods enabling progress to be made together in the country's general interest, leaving aside futile differences.

Society has become more complex, and economic, social and environmental issues are increasingly interdependent. All of these issues should also be linked to societal issues.

The ESC has always been open to the concerns of civil society by planning for change and future needs, both on an economic and social level. On the basis of this approach, the ESC has created working links by actively collaborating with civil society organizations. Therefore, in 2013 the ESC and the High Council for Sustainable Development7 (Conseil supérieur pour un Développement durable -CSDD) issued a joint opinion on 'GDP well-being' which took citizens' expectations into account. Similarly, it formed close links with representatives of immigrant bodies and the National Foreigners Council (Conseil national d’étrangers) for its opinion on the integration policy.

European policy and particularly the European Semester will have an increasing impact on national policy, and therefore on the work of the ESC.

In this context, the sharing of experiences with other ESCs will be key to reciprocal learning with a view to better European economic and social integration.

In its 50 years of existence, the ESC has carried out some valuable work. Both the trade unions and the employer organizations have learned to listen to one another, to better understand one another and to better take into consideration the interdependent nature of economic and social phenomena, through a comprehensive vision.

The ESC will celebrate its 50th birthday in 2016.

7 http://www.csdd.public.lu/fr/index.html 95

_________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

January 2014

SOCIAL DIALOGUE IN MALTA

INTRODUCTION

Malta has developed a healthy Social and Civil Dialogue process throughout the years. Social and Civil Dialogue is an essential element in order for a country to be able to face and deal with economic and social problems. Through Social and Civil Dialogue real issues affecting the daily lives of people, can be addressed.

The Social Partners are the protagonists of the success of Social and Civil Dialogue. The Malta Council for Economic and Social Development is the institution which allows and encourages Social and Civil Dialogue in Malta.

HISTORY

Malta has a tradition of Social and Civil Dialogue involving Government, Unions, Employers and Civil Society. Within the context of the smallness of the country, resource limitations and social proximity, the Malta Council for Economic and Social Development (MCESD) has served as a formal avenue for such dialogue in Malta.

It is to the credit of the pioneering members of the original self-regulating Council, known previously as the Malta Council for Economic Development (MCED), that the state now gives the MCESD the important recognition it deserves. These same Social Partners, namely the leading trade unions, employer organisations and government ministry representatives, have ensured that this success can be carried forward into a new and more mature phase. 

PARTICIPANTS

Social and Civil Dialogue in Malta takes place mainly within the Malta Council for Economic and Social Development (MCESD) where issues of national relevance are discussed.

The Malta Council for Economic and Social Development (MCESD) is an advisory Council that issues opinions and recommendations to the Maltese Government on matters of economic and social relevance.  MCESD’s aim is that, following consultations held within the Council, sound and concrete recommendations about socioeconomic matters will be heeded by the Government prior to any reforms or measures of relevance.

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PROCESS

Throughout the years we have seen an improvement in the operations of the Council, both with regard to the topics up for discussion as well as in terms of technical discussions, through the Working Groups.

The Government has used the Council to consult on various issues and decisions which have a wide economic and social impact on the country. The Council has also benefited from the Maltese accession in the European Union. It has evolved in the international atmosphere, and today it is playing an active role in discussions with other similar institutions in other countries.

THE MALTA COUNCIL FOR ECONOMIC AND SOCIAL DIALOGUE (MCESD)

INTRODUCTION

The Malta Council for Economic and Social Development (MCESD) serves as a consultative and advisory body to Government on matters of economic and social policy. It is a tri-partite body, with representatives from Government, Trade Unions and Employers’ Organisations.

HISTORY

MCESD was set up by law in 2001 and over the years, it has continuously strived to improve Social and Civil dialogue in Malta by enhancing the quality of discussion and the breadth of issues tackled, taking due account of priorities raised on the national and international policy-making agendas. Social and Civil Dialogue is a process through which participative democracy is carried out. As a result the need was felt to update the laws and regulations which regulated the sector. A bill was submitted and piloted through Parliament and it was given unanimous approval by Parliament on the 2nd May 2012. Through the new law, an additional social partner Forum Unions Maltin and representation from the Gozo Regional Committee and Civil Society Committee have been included on the Council’.

These developments in Social and Civil Dialogue in Malta reflect more closely the set up in the European Economic and Social Committee (EESC). The three groups represented on the EESC are Unions, Employer Organizations and Civil Society. These changes are a testament to the lively, extensive and continuously developing Social and Civil dialogue in the Maltese islands.

STRUCTURE

The MCESD is composed of a main Council with the Chairperson and Deputy Chairperson who are appointed by the Prime Minister after consultation with Council Members. In addition twelve persons are nominated as follows: ten persons nominated by representative national employers’ and workers’ organizations constituted bodies, the Chairperson of the Gozo Regional, Committee, and the Chairperson of the Civil Society Committee.

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Apart from the main Council, dialogue also takes place within the Civil Society Committee and the Gozo Regional Committee. The Civil Society Committee was set up to give a voice to Civil Society in a structured manner. The members of this committee discuss issues of national importance and they form opinions and recommendations which are then presented to the Chairman of MCESD. The Gozo Regional Committee within the MCESD was set up to strengthen dialogue with Gozo. By means of this committee, MCESD is extending its functions to Gozo and it is thus not only receiving suggestions and proposals on various issues related to the socio-economic development of the sister island by the Gozitans themselves but it is also strengthening cooperation between Civil Society within Gozo. Members of the Civil Society Committee and Gozo Regional Committee are also represented by ex-officio members on the Council.

To assist the Council in the consultation process, Working Groups are periodically set up with representatives from each of the member organizations on the Council together with a Government representative in order to discuss matters of priority as identified by the Council.

WORK The Council, throughout the years, has helped in strengthening the relations between its members and this has contributed to industrial peace and cohesion in Malta. The Council has been instrumental in the implementation of various initiatives in the country including the Industrial Relations Act.

In general, it can be stated that the Council served for social partners to obtain a better understanding of each other’s situations and concerns, thereby contributing to industrial peace. The Council plays a crucial role in the context of the pre-Budget discussions held every year. The Council also operated successfully in drafting documents by Working Groups composed of members from within the Council in preparation for discussions on a number of important themes ranging from utility prices to the COLA mechanism to the introduction of family-friendly measures. There have also been instances where the Council was successful in contributing to the drawing-up of important policy frameworks, such as in the case of the Employment and Industrial Relations Act and the extension of maternity leave.

It is widely recognised that the Council:- has improved understanding between social partners over the years, leading to

a generally peaceful industrial climate;- was instrumental in implementing a limited range of important initiatives such

as the Employment and Industrial Relations Act;- has been intensively used by Government as an avenue for consultation on a

number of issues ranging from the pricing of network services to pension reform;

- has become an essential element in annual consultations leading to the formulation of the fiscal budget;

- is now playing a very active role within the European Economic and Social Council.

Through the experience gained over the years, the Council has understood the value of operating through working groups which initiate discussions and investigate issues through research and wide consultation, prior to discussions in the main Council.

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THE FUTURE OF THE SOCIAL DIALOGUE IN THE COUNTRY

Government is aware of the great role that the MCESD plays in local policy making. the MCESD's vision is one of continuous improvement of Social Dialogue. We consistently strive to be the most effective catalyst between the Social Partners and the Government. Social dialogue has a crucial role to play in the milieu of national socio-economic development. With the help of EU membership, social dialogue in Malta is developing rapidly and has potential to make further achievement in future. It is furthermore up to each individual social partner to seek consensus and convergence of views to establish working methods which will be conducive to the effectiveness of social dialogue as a tool of economic and social development in our country.

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______________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

March 2012

SOCIAL DIALOGUE IN MAURITIUS

A. HISTORY - National Economic and Social Council

In March 1983, the NESC Act was passed to provide for the establishment of the National Economic and Social Council, but unfortunately it was never acted upon. Instead, a National Economic and Development Council (NEDC) was set up in 1991 to act mainly as a think tank and policy advisory body on economic issues.

The idea for the setting up of a NEDC was taken up in the Speech from the throne, in November 1990. The NEDC was largely based on the British model and was tripartite in nature. Members were drawn from various walks of life and were appointed in their personal capacity.

The NEDC was a high-level, policy-review body with an open-ended remit in all matters of national economic interest. It proved to be a valuable tool for generating ideas for planning purposes. Most of the issues aimed at strategic planning and economic efficiency. Some social issues were also addressed, e.g. Care for the Elderly, Deprived Areas and Civic Education. It has done some good work, namely in the area of rent liberalisation, the financial sector and competition policy.

The Council, however, did not comprise a sufficiently-wide cross section of our civil society. It was considered as a restrictive club and was not adequately reflecting the views of all stakeholders. NEDC was also criticized for being too limited in its human and financial resources.

The NEDC was operational up to 1995 but the creation of an Economic and Social Council came up once again on the agenda of the then Government to better promote dialogue, understanding and consensus on important economic and social issues. However, it was only in June 2000 that the Economic Development and National Integration Council (EDNIC) Act was passed to replace the NEDC. The Act was proclaimed on the eve of General Elections in September 2000 but EDNIC never took off.

In view of the various weaknesses of the existing EDNIC Act, it was agreed to work on a completely new Bill to provide a forum for a wider participation of civil society in the national decision-making process and a new structure to achieve consensus on crucial national issues of social and economic relevance.

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Finally, a first draft of the National Economic and Social Council (NESC) bill was then drafted and was presented to the National Assembly in 2001. The legislation for the creation of the Council was drawn up in a spirit of open dialogue and consultation between the various partners and this augurs well for the future of this new institution.

The National Economic and Social Council (NESC) Act 2001 was passed by the National Assembly in December 2001 and proclaimed to come into operation on April 12, 2002.

B. INTRODUCTION - NATIONAL ECONOMIC AND SOCIAL COUNCIL OF MAURITIUS

About usThe National Economic and Social Council (NESC) Act 2001 was passed by the National Assembly in December 2001 and proclaimed to come into operation on April 12, 2002.

Our MissionThe Act provides for the establishment and management of the National Economic and Social Council (NESC) whose object shall be to foster consensus building through dialogue among social partners and help address economic and social issues engaging the nation.1.2. Objects of the Council

1. The objects of the Council shall be to: (a) promote dialogue as a means of achieving consensus for social

integration to keep pace with economic development; (b) express its opinions, and make appropriate recommendations

to Government, for the promotion of social integration and national development.

2. The Council shall, in furtherance of its objects -(a) act as an independent consultative body;(b) strive to achieve consensus in all its deliberations;(c) adopt a philosophy, approach, as well as a code of ethics, to

earn the trust and respect of the citizens of the Republic of Mauritius;

(d) have regular meetings and consultations with the President, the Prime Minister and the Leader of the Opposition.

3. Functions of the Council 1. The functions of the Council shall be to -

(a) undertake studies on socio-economic issues of national importance;(b)build consensus through a permanent and sustained social dialogue for

a greater participation of civil society in the democratic process with the aim of ensuring that social harmony keeps pace with economic development;

(c) formulate its opinions and make recommendations to government regarding economic and social policies.

2. For the purposes of its functions, the Council may undertake such studies as it deems fit and give its opinions and recommendations-(a) on its own initiative or that of not less than 5 Councillors; or(b) as requested by the Minister.

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3. Any proposed relevant legislation may be referred to the Council to enable it for its opinion thereon.

C. STRUCTURE

D. WORK

List of studies, Opinion Reports and Activities carried out by the NESC

Date Title of study Services retained Status

December 2012

Managing Indebtedness and Household budgets for better living.

NESC Report 19 NESC NESC

Initiative

November 2011

The Social Integration of Stigmatised Vulnerable Groups

NESC Report 18 NESC NESC

Initiative

July 2011 Maintaining the Green Cover of Mauritius

NESC Report 17 NESC NESC

Initiative

February 2011

Green Paper on Equal Access to Justice – A Reform in Legal Aid in Mauritius

NESC Report 16 NESC

Request from Government

December 2010

Eighth Annual Summit NESC

September 2010

An Investigation into Food Safety in Mauritius

NESC Report 15 NESC NESC

Initiative

May 2010 Integration into the Global Economy:

NESC Report 14

NESC NESC Initiative

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Challenges and Policy Implications for Mauritius

December 2009

Seventh Annual Summit NESC

October 2009

Opinion Polling in Mauritius

NESC Report 13

Prof. Sir Roger Jowell kt, CBE

NESC Initiative

August 2009

A Blueprint for the Energy Sector in Mauritius

NESC Report 12

Dr K. Elahee

NESC Initiative

July 2009

Comments made by the NESC at a hearing before Hunton & Williams

Statement NESC NESC Initiative

February 2009 The Crisis at Air

Mauritiusl Statement NESC NESC Initiative

December 2008 Sixth Annual Summit NESC

2008

African Peer Review Mechanism Self-Assessment and Preliminary Programme of Action

NESC Report

-Ernst & Young-Centre for Applied Social Research (CASR)-NESC

Mandated by Government

May 2008

A Critical Overview of the Pharmaceutical Sector in Mauritius - Proposals for New Policies

NESC Report 11 NESC NESC

Initiative

March 2008

Environment Management – A Shift Towards Segregation and Recycling of Solid Wastes

NESC Report 10

Dr K. Deepchand

NESC Initiative

January 2008

The Employment of Foreign Workers in Mauritius – a Review of Current Policies and Proposals for their Update

NESC Report 09

Mrs E. Hanoomanjee

NESC Initiative

December 2007 Fifth Annual Summit NESC

November 2007

Government V/S Mauritius Sugar Producers’ Association (MSPA)

Statement NESC NESC Initiative

September Mauritius National NESC Report NESC Request

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2007

Water Policy – Suggestions and Recommendations of the Council

08 from Government

May 2007

Proposals to Support the Small and Medium Enterprise (SME) Sector in Mauritius

NESC Report 07 NESC

Request from Government

April 2007

Solid Waste Management – The Strategic Choice For Mauritius

NESC Report 06 NESC NESC

Initiative

March 2007

Incidents Surrounding the Use of Loudspeaker for Religious Purposes in Quatre-Bornes

Statement NESC NESC Initiative

December 2006

Fourth Annual Summit NESC

October 2006

National Environment Policy –Comments and Suggestions

NESC Report 05 NESC

Request from Government

September 2006

Views of NESC on the Report ‘Working Time in Mauritius’

Statement NESCRequest from Government

April 2006

The Needle Exchange –Programme Opinions and Recommendations

NESC Report 04 NESC

Request from Government

March 2006

The Economic and Social Implications of HIV/AIDS in Mauritius – Suggestions for a new Strategy

NESC Report 03 NESC NESC

Initiative

December 2005

Workshop on the APRM in the Lunch Room National Assembly, Government House, Port-Louis

NESC, UNDP & M/foreign Affairs

Request from Government

September 2005

Workshop on the APRM in the Lunch Room National Assembly, Government House, Port-Louis

NESC, UNDP & M/foreign Affairs

Request from Government

May 2005

Integration of the Elderly in the Family – Proposals for New Policies

NESC Report 02 NESC NESC

Initiative

April 2005 Third Annual Summit NESC

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March 2005

First Validation Workshop of the Self Assessment Report of the African Peer Review Mechanism

NESC, UNDP & M/foreign Affairs

Request from Government

February 2005

First Draft Self-Assessment Report on the African Peer Review Mechanism

NESC, UNDP & M/foreign Affairs

Request from Government

2005

Consultative meetings with stakeholders on the study of ‘Crime and Violence’

NESC NESC Initiative

September 2004

Problems Associated with Road Congestion

NESC Report 01 NESC NESC

Initiative

May 2004

The National Co-ordinating structure of the African Peer Review Mechanism

NESC, UNDP & M/foreign Affairs

Request from Government

April 2004

Second Annual Summit NESC

March 2004

Comments on Fiscal Responsibility and Budget Management Bill

Draft Report NESCRequest from Government

2004Comments on the Financial Reporting Bill

NESCRequest from Government

September 2004

Opinions of the NESC on the ‘Code of Corporate Governance’

NESCRequest from Government

June 2004

The Memorandum of Understanding for the Technical Assessment Mission and Country Review Visit of the African Peer Review Mechanism

Signature Ceremony

NESC/UNDP/Ministry of Foreign Affairs/NEPAD/APRM SECRETARIAT

Request from Government

December 2004

National Roundtable on the Comprehensive Development Framework

Mauritius Country Profile

NESC/WORLD BANK

Request from Government

November 2003

6th Regional Seminar of the ACP-EU Economic and Social Interest Groups

Ministry of Finance/MEF/NESC

Request from Government

2003Opinions of the NESC on the ‘Protection of the Elderly Bill’

NESCRequest from Government

2003 Opinions of the NESC NESC Request 105

on the ‘White Paper on Health Sector Development & Reform’

from Government

April 2003 Inaugural Summit of the NESC

2003

Opinions of the NESC on the ‘Code of Practice on Employees’ Participation’

NESCRequest from Government

January 2003

Public Lecture on Long-term Socio-Economic Projections of Mauritius by Prof. W. Lutz

NESC & Prof. W. Lutz

NESC Initiative

June 2002

Opinions of the NESC on the Wage Determination in Mauritius and Recommendations for Reform – Report by Professor LIM Chong Yah

NESCRequest from Government

E. THE FUTURE OF SOCIAL DIALOGUE IN THE COUNTRY

4. Economic and Social Councils are not new vehicles in democratic states. Since the Second World War, they have spread all over the world and have proved to be very useful in achieving social and economic progress.

5. The emerging challenges of the new international economic environment coupled with the complex composition of our society call for consensus on policy issues and greater partnership and synergy between Government, employers, employees and the civil society at large on the means to foster social integration and promote overall development.

The NESC has been shaped to best suit the Mauritian specificities and will add a new dimension to our political development through social democracy. It will continue to provide an institutional forum for consultation, consensus-building and dialogue on issues of national interest.

The Council has a prominent role to play in enhancing the efficiency of policy making and achieving transparency which are necessary to dynamise the democratic process. It also provides a forum to foster industrial relations, which are essential for sustainable development.

It provides an opportunity for participation of the wider civil society in the nation’s decision making process not previously available in this country. It provides a unique platform to foster better mutual understanding among all socio-economic partners and bring them into constructive dialogue with the Government. It will continue to prove to be a valuable tool for generating ideas for planning purposes. The NESC will remain a useful partner in the governance of the country.

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______________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

July 2012

Social Dialogue in Mexico

(by the ESC of Mexico City)

Deliberative processes can acquire different dimensions, can lead to different purposes and can be executed by different social actors, driven by reasons of conflict. The "social dialogue" is a place of public discussion where accredited citizens have the opportunity to express their opinions, and possible inclusion in the negotiations leading to the definition of preferences and policy choices. Dialogue is therefore seeking a community empowerment and recognition of difference, diversity and disadvantage, also, the importance of communicative or collaborative planning lies in its ability to contribute to a better discussion and deliberation on shared future.

There is no democracy without participation and no dialogue without taking the social representation as a decision-making. Participation is the way to be part in decision-making, policymaking, in conducting a project aimed at the peaceful coexistence of groups that are part of a complex society. Representation because in the participation of the members there is delegated and articulated demands and interests of a group that wants to find a consensus on different topics, through formal mechanisms of social dialogue such as the Economic and Social Councils.

In 2000, Mexico adheres to the mission and objectives of the Decent Work Agenda ILO. The Agenda (87th session of the International Labour Conference, 1999), says, roughly, that the access to the opportunities of the global economy requires the existence of social institutions based on participation, in order to achieve legitimacy and permanence of economic and social policies. In this conviction "social dialogue is an unavoidable element of self-adjustment" (1999). The Agenda's vision contributes to promote opportunities for men and women to obtain decent and productive work in conditions of freedom, equity, security and human dignity. As an end, it appears as one of the objectives of the ILO, together with the promotion of fundamental rights at work, employment and social protection.

The Political Constitution of Mexico determines, in the Article 25, "the national economic development with the participation of the public sector, the social sector and the private sector, without prejudice to other forms of economic activity that contribute the development of the nation... ". Similarly, Article 26, force the Mexican government to organize a democratic planning system for national development through the participation of various social sectors, In order to incorporate at the social programs "the aspirations and demands of the society.”

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As we have seen, the Mexican State possess constitutional imperatives that promote and protect the participation of social sectors in the "system of democratic planning for national development" (Article 26 of the Constitution), and as a component for the design and operation of social policies.

The inclusion of civil society in Mexico in public deliberations is a continuous demand. In "The 3rd Periodic Report of the Committee on Economic, Social and Cultural Rights "(1999), the Committee urges to the Mexican government to incorporate the citizens in the planning, implementation and evaluation of social policies. Similarly, the Economic Commission for Latin America and Caribbean in its report "The Equity Gap: A Second Assessment" (2000) analyze a range of topics relating to poverty and income distribution. The report suggests an indispensable collaboration between State and civil society in planning for the development, incorporating, especially, those groups that are traditionally excluded in social mechanisms of representation and political participation. Finally, the Diagnosis of the Situation of Human Rights (2003), notes that while minorities and socially excluded groups have had some social "empowerment" in Mexico through the organizations that represents their interests: "Their real possibilities of representation in areas where public policies are defined and programs that affect them are very low, due to their lack of organization on the basis of time and effort destined to survive and its physical isolation, social and cultural isolation".

Nowadays, the interest to formalize mechanisms of social dialogue in Mexico such as economic and social councils is increasing. There are several experiences in Jalisco (established 2005), Mexico City (established 2009) and Michoacán (newest creation, 2012). It has even been driving to create the Economic and Social Council of the Occident Region of Mexico (comprising the states of Aguascalientes, Colima, Guanajuato, Jalisco, Michoacán, Nayarit, Sinaloa and Zacatecas) as a first step of the creation of the Economic and Social Council of Mexico. This indicates the crucial role that civil society should play in Mexico under that only through the agreement to be reached on the social order and orientation, can lead to establish guidelines that have the capacity to resolve conflicts peacefully and unite individuals in a democratic framework. The Economic and Social Council of Mexico City aims to be the most important national council because as public policy issues for the nation's capital and one of the world's most populous. As background, the Council was created to collect proposals to establish measures for the recovery of economic activity in Mexico City, which was affected by the health emergency in 2009. As such, set up its work on September 23, 2009 as a formal body, permanent and consulting composed of academies, unions, employer´s organizations, civil society representatives and local government members, whom propose public policies to promote the development of Mexico City in the medium and long term.

Currently the Council has various projects: as a supervisor of Agenda 21 for Culture signed by the Local Government and United Cities and Local Government; responsible for promoting the development of the City and as Digital City; to promote the Center for Industrial Technology and Virtual Training; Improvement of Small Urban Spaces; presence in forums, seminars and workshops related to economic and social councils and realized several studies related to the topic, among others. Even more, the Council is a candidate to be an advisory body of the Economic and Social Council of United Nations (ECOSOC).

In Mexico, the Economic and Social Councils plays a role of important actors for development. They appropriate the premise that social dialogue should be the instrument of searching for agreements and resolution of conflict, to supply

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deficiencies and to complement their collaboration in the development. There are spaces where the opinions and agreements of the social and economic actors have the same political force as political parties, as well as capacity building of policy proposals and legislative guidance for the development and fight against poverty. This is not intended that the Mexican socioeconomic councils were created as parliamentary chambers, but in important social referents of legitimacy that transcends the electoral representative democracy, the transition to a participatory ambient, that has political influence in the strategic planning for the economic and social development.

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______________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

September 2010

Information on Work of the Social Council of Montenegro

(Authorized by the President of the Social Council, Dr Suad Numanovic)

The social dialogue at the national level in Montenegro refers to a constitutional category which is regulated by particular laws, among them the Law on Social Council (2007), the Labor Law (2008) and the Law on Trade Union Representation (2010).

The first Social Council in Montenegro was formed in February 2001, by decision of Government of Montenegro. For the first time this matter has been regulated by adopting the Law on Social Council in 2007, and the Social Council was established in July 2008.

The scope of work of the Social Council of Montenegro is quite wide and contains:

- Development and promotion of collective bargaining- Impacts of economic policy and measure for its implementation on social

development and stability of employment policy, wages and prices, competition and productivity, privatization and other issues of structural adaptation;

- Environment protection;- Education and professional training;- Health, safety and social protection issues;- Then demographic issues and- Other issues which are important for realization and improvement economic

and social policy.

The Social Council is established as tripartite body which is made of 11 represents of the Government, representative organization of trade union and representative organization of employers; In Montenegro trade union pluralism emerged in November 2008, and it caused need for adoption of Law on trade Union Representation. The Law came into force and process of proving of representation is underway. After ending of that phase, 11 represents of trade union will represent trade union confederation which meets representation conditions.

Collective bargaining in Montenegro takes place at national, branch and company level.

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The bipartite social dialogue in Montenegro still hasn’t been developed at satisfactory level, although there is constant work on its strengthening; so Government represents in the Social Council have equal role (as the partner which creates presumptions of overall ambience and as the employer).

Taking into account seriousness of social and economic situation in conditions of global economic crisis, the social partners (the Government, Confederation of Trade Unions and Union of Employers) concluded Memorandum on Social Partnership in Circumstances of Global Economic Crisis. It has been done due to need of assuming full responsibility of all social partners for redeeming of consequences of the Global Economic Crisis, standing up for realization of consensus at national level on the most important economic and social issues, and first of all respecting principles of tripartite social dialogue.

Through that Memorandum, the social partners bound themselves to act on resolving issues from the scope of a more dynamic social dialogue, in particular on:

- Harmonizing General Collective Agreement and defining of minimum wage – with that view Bargaining Team was formed and that team bargains on harmonizing of the General Collective Agreement with Labor Law. The bargaining is process which lasting and all parties try to come to harmonization of naturally conflicted interests of employers and employees, as well as achieving of compromises on obligatory minimum protection of employees’ rights.

- Operating of Labor Fund in line with Law on Labor Fund.- The Labor Fund was established and it is already in function for realization of

rights on payment of unpaid claims of employees whose labor relationship ceased due to bankruptcy of their employer.

- Also, Agency for Peacefully Reconciliation of Labor Disputes was established, which will contribute in more efficient resolving of individual and collective disputes emerged in realization of labor rights and rights by virtue of labor. In that way the employees are enabled to complete procedure in quick and efficient way without instituting of legal action. Establishing of that Agency is result of positive development of social dialogue in Montenegro regarding protection of labor rights and rights by virtue of labor.

- Making of social card;- Removing of business barriers at local and national level.

The Social Council is a carrier wave of bargaining process regarding Changes and Amends on General Collective Agreement. In that sense, a bargaining body was formed and following organizations and institutions have its represents in it: two registered trade union confederations in Montenegro, Montenegrin Union of Employers, Montenegro Business Alliance, National Crafts-Entrepreneurs Chamber, Social Council, Ministry of Labor and Social Welfare and Ministry of Finance. The Bargaining Team is in phase of negotiations for a long time in endeavoring to achieve consensus on text on changes and amends of GCA.

Common Project of social partners related to reducing informal economy has been set on foot in cooperation with International Labor Organization, Sub regional Office in Budapest. The Project is financed by donation of Irish Government. Action Plan for Fight against Informal Economy and its Formalization provides combination and interaction of stimulant and repressive measures, and primary focus of the Action Plan should be on stimulant measures in repression of this phenomenon which is not characteristic of transitional countries only, but exists in developed and modern

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economies as well. Within framework of this Action Plan, Labor Inspection, trade unions and employers signed Memorandum on Cooperation regarding fight against undeclared work, as well as on education and preventive activities in that field.

Within framework of harmonizing of labor normative acts with ILO Conventions, the Social Council formed three working groups for preparation: Proposal on changes and amends of Labor Law, Proposal on changes and amends on Law on Social Council and Proposal on changes and amends of Law on Labor Inspection. Activities of those three working groups are underway. As a rule, the working groups are formed on tripartite principle with participation of all social partners.

In July 2010, the social partners in cooperation with NGOs, which deal with issues related to disabled persons, signed Memorandum on Cooperation with a view of establishing stronger cooperation and basic principles and fields of cooperation between signed parties and all of that with a view of increasing employability of disabled persons. Through this Memorandum, by mutual work and commitment to aims, it will be enabled efficient realization of aims in the field of employment of the disabled persons, timely fluctuation of information regarding cooperation as well as improvement evidence on the disabled persons. It is planned to organize meetings with employers who have potential capabilities to employ the disabled persons, because although there is legal regulation and lot of tax relieves and subventions, there are not used often enough.

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International Association of Economic and Social Councils and Similar Institutions

(AICESIS)

July 2015

Civil Society and Social Dialogue in Morocco

Social dialogue, the Moroccan approach

It is a recognized fact that social dialogue plays a key role in strengthening social cohesion, as well as in creating conditions conducive to lasting and sustainable growth.

Social dialogue is an effective institutional framework capable of addressing socioeconomic interests which may diverge, by making it possible to create favourable conditions for their convergence, preventing them thus from turning into open conflicts.

The effectiveness of social dialogue is also defined by the ability of stakeholders to assimilate interests, sometimes even conflicting, while creating the conditions for mutual trust, both between partners and towards their ranks and respective members.

This is the reason why Morocco has embarked, since its independence, on developing the regulatory framework for setting up institutions and mechanisms of consultation, negotiation, and dialogue, as well as councils and commissions likely to promote dialogue between the various stakeholders involved in the labour world.

The mid 1990s was a real turning point in the history of labour relations. This date marked the mutual willingness of the various partners -government, employers and workers- to achieve tangible progress in the areas of protecting workers' rights and trade union freedoms, modernizing regulation, or again promoting investment and economic development. The creation of the Advisory Council for the Follow-up of Social Dialogue in March 1994 aimed to provide a framework for consultation and dialogue between the social partners, bringing together relevant government

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departments, representatives of the various professional organizations, employers and workers.

The royal speech of May 16th, 1995 spurred the framework and philosophy of social dialogue, as well as its objectives, stressing the importance of continuous consultation and dialogue between the economic and social partners in order to achieve genuine cooperation that encompasses businesses and trade unions and takes into account the importance of ensuring a balance between the needs of workers and the economic and financial imperatives.

Between 1996 and 2011, four national tripartite social agreements were concluded: the Joint Declaration of 1st August 1996, the Agreement of April 23rd 2000, the Agreement of April 30th 2003, and the Agreement of April 26th 2011. Several institutions were involved in the process of social dialogue, namely the Higher Council for the Promotion of Employment, the Council of Collective Bargaining, the Council of Occupational Medicine and the Promotion of Employment, and the National Tripartite Commission in charge of monitoring the proper application of the law on temporary employment.

The year 1996 marked the start-up of social dialogue rounds between the government and the economic partners with the view to develop a common strategy to end conflicts that have economic and social dimensions.

These meetings brought together the government, represented by the relevant ministries, the General Confederation of Morocco's Enterprises as a representative of employers, and the most representative trade unions. First and foremost, this dealt with adopting the methodology of dialogue and the negotiation mechanisms, and identifying priority areas. This phase was crowned by the signing of the Joint Declaration of August 1st 1996, which institutionalized social dialogue by setting intervals -once every six months- and establishing a sector-based social dialogue. This agreement also set forth the issues to be addressed by the three parties, regarding wages, social protection, housing and the career promotion of civil servants. This phase was also marked by the creation of a tripartite commission in charge of monitoring the implementation of decisions and commitments, in coordination with the Advisory Council for the Follow-up of Social Dialogue. The final focus of this agreement dealt with the setting up of local commissions responsible for the review and settlements of collective labour disputes.

Signed on April 20th, 2000, the second agreement sought to strengthen the joint commitment for social peace as a shared responsibility and an imperative for the country's economic development. This Agreement provided for implementing and upgrading the various mechanisms of dialogue and collective bargaining intended to settle labour disputes. Thus, a special arbitration committee, chaired by the Prime Minister, was set up to resolve conflicts and safeguard social peace. A national commission of inquiry and conciliation, chaired by the Minister of Employment, was also established. At the regional level, provincial commissions of inquiry and conciliation, chaired by Walis and Governors, were also set up.

The other provisions of this Agreement addressed, inter alia, the creation of a new mechanism for the identification, monitoring and prevention of labour disputes, the implementation of sector-based social dialogue, and the creation and strengthening of regional structures in charge of promoting employment and combating unemployment.

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Three years later, the Agreement of April 30th, 2003 firmed up the stakeholders' commitment to settle disputes through dialogue, using dedicated mechanisms, and to promote collective labour agreements, particularly as part of the adoption of a new Labour Code. The same year, social dialogue was institutionalized through the creation of five tripartite commissions in charge of monitoring priority areas:

- The commission of legislation, industrial relations and trade union freedoms,- The commission on revenues, compensations and collective agreements,- The commission on social affairs, medical coverage and social housing,- The commission on unions’ elections,- The commission on labour disputes.The work of these commissions made it possible to achieve several advances on the various workers' demands, including those relating to the promotion and protection of trade union rights, the improvement of the economic and social situation of workers, and the raising of the minimum wage.

Between 2008 and 2011, meetings chaired by the Prime Minister were held regularly and led to a new tripartite agreement, signed on April 26th, 2011, thanks to adopting an annual action plan and to monitoring by standing committees in the public and private sectors. This agreement provided a general salary increase for all civil servants of the State, local communities, and public administrative institutions, in addition to an increase in the minimum retirement pension in the public and the private sectors, a further 15% increase in the minimum wage threshold, as well as an increase in the internal promotion quota within public service.

In social terms, this Agreement made it possible, in particular, to strengthen social protection by revising the legal system relating to work injuries, occupational diseases and disability pensions, in addition to drafting a law on the organization of social welfare works.

It is worthy of note that the financial commitments of this Agreement have been almost entirely settled.

The new Constitution of the Kingdom of Morocco, adopted in July 2011, stipulates that public authorities shall set up consultative bodies, in order to involve the different social actors in the formulation, implementation and evaluation of public policies.

In this context, the installation of the Economic and Social Council (CESE) on February 21th, 2011 materialized the will at the highest level of the State to ensure the permanent improvement of social dialogue mechanisms. Composed of 105 members, the Council includes, in addition to experts and NGO representatives, representatives of unions and employers. Thus, His Majesty King Mohammed VI assigned the Council the mission of "... seeing with the utmost attention to the development of a new Social Charter, based on major contractual partnerships, likely to create a healthy environment conducive to winning the challenges of modernizing the economy, strengthening competitiveness and boosting productive investment".

As early as 2011, this commitment was materialized in the Council's Social Charter, which has offered a reference allowing the various players and stakeholders to conclude significant agreements standing as laws, collective agreements or partnerships based on and in compliance with the laws in force. This Charter provides guidelines based on human rights, aimed to establish consultations and open dialogue and negotiation channels for the conclusion of collective agreements between all stakeholders towards the goal of achieving social prosperity.

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This commitment is also reflected in all of the Council's works aimed to echo the impacts that social conflicts could have on the national economy, the social climate, the stability of affected companies and the situation of their employees.

It was within this context that the Economic, Social and Environmental Council adopted unanimously in September 2012 its report on social conflicts and their amicable resolution through the contribution of all components of the Council, especially the categories representing the unions and employers. The Council has thus proposed practical, reliable and sustainable recommendations to consolidate the achievements of Morocco in terms of labour law and social dialogue.One of the main recommendations of the said report was to strengthen the tripartite social dialogue between public authorities, employers and employees which proved to be a key experience at all levels and which required, in addition, a strengthening of its foundations and its action methodologies, using legal and practical provisions, by including therein the provisions on social dialogue of the Council's Social Charter.

The report also called on all parties involved, mainly the public authorities, business organizations and trade unions, to join an initiative aimed to agree on the conditions and steps required to build a national model for labour protection, based on the generalization of basic labour rights and the development of social protection through collective agreements, by turning collective bargaining and tripartite social dialogue into a major route of arbitration between the competitiveness of the production system and the development of decent work.

It was in this same spirit that the CESE proposed, in its New Development Model of the Southern Provinces, the establishment of a regional social dialogue with the participation of presidents of regional councils and where regional collective agreements could emerge to improve the attractiveness of these territories.

The Council also provided a genuine platform for the convergence of views during the preparation of its opinion on the reform of civil pension schemes, following the request of the Head of Government. This opinion, drafted after extensive sessions of listening to the parties concerned, took into account the views of representatives of trade unions, agencies responsible for the management of pension schemes, relevant administrations and several civil society actors.

It thus offers an excellent basis for the upcoming rounds of social dialogue dedicated to this reform which is of utmost importance for the country.

Through its comprehensive, participatory and integrated approach, the CESE thus managed to provide alternatives to the negotiation table between the government and the social partners, in accordance with its missions, and also to stand as a force of proposals with respect to the major issues related to the country's development.

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International Association of Economic and Social Councils and Similar Institutions

(AICESIS)

July 2015

Civil Society and Social Dialogue in Niger

Définition des concepts et Résumé de la thématique.

La Société Civile se défit comme une catégorie d’acteurs non étatique qui œuvrent au côté des pouvoirs publics pour le bien-être des citoyens. Elle ne participe pas directement à la gestion des affaires publiques mais elle veille, dénonce les mauvais comportements et actes de gouvernance des autorités en charge, exige des meilleures conditions de vie, plus de démocratie en un mot elle constitue un groupe de pression sur les gouvernants.

Le dialogue sociale peut être définit comme étant un processus permettant à plusieurs acteurs d’échanger et de discuter en vue d’aplanir leurs divergences pour le développement socio-économique d’un pays ou d’une communauté. Il permet non seulement de gérer et de régler les conflits entre les parties mais aussi met en avant l’aspect prévention à travers une anticipation sur les éléments qui peuvent déboucher sur un conflit ou une crise.

Au Niger, la dimension du dialogue social est une tradition qui a été instaurer du village jusqu’ à la ville en passant par les différents niveaux de décentralisation. Elle englobe non seulement la gestion, le règlement, la prévention des conflits mais également la protection sociale des couches les plus vulnérables. Tirant les expériences du passé voir celles des pays voisin, les autorités nigériennes ont crée des structures censées gérées et régler les questions liées à la préservation de la paix et de la stabilité sociale car il ne peut y avoir de développement sans paix et stabilité sociale. A titre d’exemple, on note l’Association Nigérienne de Défense des Droits de l’Homme (ANDDH), la Commission Nationale des Droits Humains(CNDH) ; la Médiateur de la République ; le Conseil Economique Social et Culturel (CESOC); le Conseil National de Dialogue Politique (CNDP) ; le Collectif des Organisations de Défense des Droits de l’Homme (CODDH), le Ministère en Charge du Développement Social particulièrement la Commission Nationale de Dialogue Social (CNDS) qui a été créé en 2000, un outil indispensable à la concertation sociale et qui regroupe les sensibilités de notre pays.

Conscient de son rôle à jouer la Société Civile est présente dans la plupart de ces structures et participe activement à la réalisation de l’objectif commun qui est le développement socio-économique et politique du Niger à travers la paix sociale, des Institutions démocratiques et Fortes et une bonne Gouvernance. Leurs implications dans la recherche de solution ont permis de résoudre plusieurs

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conflits et crises entre les différentes couches sociales du Niger notamment les problèmes liés au foncier, conflits entre agriculteurs et éleveurs ou encore la dispute autour entre éleveurs autour des points d’eau. Il y a même des organisations de la société civile qui se sont distinguées dans ce cadre entre autre l’ANDDH, le CODDH, la Plate-forme Paysanne, l’AREN.

Les dénonciations et autres exigences des organisations de la société civile ont amené les autorités politiques et coutumières à rectifier le tir pour une amélioration des conditions de vie des populations et la réduction des inégalités entre les couches sociales. Nous avons tous en mémoire la fameuse marche des organisations de la société civile nigérienne de mars 2005 regroupées autour de la Coalition Qualité Equité contre la Vie Chère qui a fait reculer le gouvernement de l’époque suite à la prise de certaines décisions antisociales par rapport aux produits de consommation courante. Autre Fée d’armes des organisations de la société civile nigérienne c’est bien sur le cas de celles d’Arlit qui ont pu fléchir le Groupe Français AREVA à qui elles ont pu arracher certains droits et le respect des normes environnementales dans le cadre de l’exploitation de l’uranium.

Du côté de l’Administration Publique, la création de plusieurs cadres de dialogue sociale est la clé de succès qui a permis de régler des conflits entre l’Etat et ses partenaires sociaux (travailleurs, syndicats).Toujours dans le même ordre d’idées le Ministère de la Population en charge des questions sociales avec l’appui des partenaires a élaborer le document portant Politique Nationale de Protection Sociale de concert avec l’ensemble des acteurs . Un document contenant tous les axes et stratégies en matière de bien-être social et l’émancipation en faveur des couches vulnérables au Niger.

Malgré tous ces efforts de la société civile dans le cadre du dialogue social beaucoup restent à faire. Quelques cas d’échecs sont aussi notés pour la société civile dans le cadre du dialogue social. Titre illustratif, l’épineuse question des éleveurs du Nord Tillabéry ou encore le traditionnel conflit entre agriculteurs et éleveurs du département de Boboye. Cet échec s’explique dans la plupart des cas pour des raisons de moyens financiers pour accroitre la sensibilisation et l’éducation des masses populaires mais aussi quelques difficultés d’ordre juridique qui ne les donnent pas les pleins pouvoirs. Rare sont les organisations de la société civile qui disposent de moyens conséquent pour la réalisation de leur objectifs. Elles sont souvent soutenues par des partenaires extérieurs qui le plus souvent leurs dicte la conduite à tenir.

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International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

January 2013

SOCIAL DIALOGUE IN ROMANIA

I. SOCIAL DIALOGUE IN ROMANIA

INTRODUCTION

For the International Labour Organization, social dialogue includes all types of negotiation, consultation or simply exchange of information between, or among, representatives of governments, employers and workers on issues of common interest relating to economic and social policy.

Social dialogue is the most suitable tool for promoting better living and working conditions and greater social justice. It is an instrument through which governance can be enhanced in many fields.

It is relevant to any effort aiming to achieve more productive and effective enterprises and sectors and a fairer and more efficient economy. It thus contributes to a more stable and more equitable society. It also has particular relevance to the globalisation process.

HISTORY

In Romania, social dialogue became manifest in the early 1990s and underwent several phases of development. During the first phase, the basis of social partners’ organizations was set. Economic and social conditions were not favourable, however, owing to a major economic decline, accompanied by a fall in employment and an erosion of the purchasing power of employees as a result of inflation (by two to three figures a year). It was a time of social unrest, with numerous strikes and widespread protests with the state and trade unions the main interlocutors in social dialogue. In the early 1990s over 90% of employees worked in the state sector.

Compared to employers’ organizations, trade unions got off to a better start as a result of continuity in their existence and a law of their own since 1991. The former General Union of Trade Unions in Romania (Uniunea Generala a Sindicatelor din România, UGSR), which had brought together all unions in a single national-level organization, separated into several organizations and subsequently underwent various regroupings or divisions.

The establishment of employers’ organizations began in 1990, based on a law dating back to 1924 (Law no. 21/1924),which, however, proved inadequate for

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current needs. The Government Decision no. 503/1991 also marked the beginning of employers’ organizations that were set up for the express purpose of representing state companies in social dialogue. The relatively slow pace of the privatization process encumbered the progress of the employers’ movement.

Nevertheless, several employers’ organizations were set up. By late 1996, employers’ organizations in Romania reached an agreement to merge and for the first time, apply for membership in the International Organization of Employers; subsequently, however, the agreement was cancelled. This is the stage when the first forms of social dialogue established, by the Tripartite Secretariat for Social Dialogue (Government Decision no. 349/1993) subsequently dissolved. Social partners were involved in discussing laws with direct relevance on industrial relations, paving the way forward.

The second phase began in 1997, when several laws on industrial relations were passed. A number of tripartite institutions were set up, the most important of which was the Economic and Social Council (Consiliul Economic si Social, CES).

PARTICIPANTS

At the national level the social dialogue involves the participation of the following social partners:

- Nationally representative employers confederations- Nationally representative trade union confederations- Government of Romania

Employers’organizations

On 1st of September 2012, in Romania there were registered nine nationally representative confederations as follows:

1. Confederation of Industry of Romania CONPIROM www.conpirom.ro2. National Council of Romanian Employers Co.NPR3. Romanian National Employers P.N.R. www.pnr.org.ro4. General Union of Industrialists in Romania UGIR www.infotrip.ro / mambo5. General Union of Industrialists of Romania-1903 UGIR -1903

www.ugir1903.ro6. National Confederation of Romanian Employers CNPR www.cnpr.ro7. National Council of Small and Medium-sized Enterprises in Romania

CNIPMMR www.cnipmmr.ro8. National Union of Romanian Employers UNPR www.unpr.ro9. Employers Confederation of Industry and Trade Services Romania C.P.I.S.C.

www.cpisc.ro

Trade unions

On 1st of September 2012, in Romania were recorded five nationally representative trade union confederations as follows:

1. National Confederation of Free Trade Unions of Romania – “Fratia” www.cnslr - fratia.ro2. National Trade Union Confederation "Cartel Alfa" - www.cartel-alfa.ro3. National Trade Union Bloc - www.bns.ro4. National Trade Union Confederation "Meridian" - www.csnmeridian.ro5. Democratic Trade Union Confederation of Romania.

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Government – The National Tripartite Council for Social Dialogue, which operates according to its own rules of organization and operation, is the institutionalized structure of tripartite consultation of national interest, established at the level of the Romanian Government in accordance with the Law no. 62/2011 on the social dialogue.

The National Tripartite Council for Social Dialogue within the Ministry of Labor assumes part of the attributions of the Economic and Social Council as well as the specific attributions of tripartite consultations at the national level. The entity maintains the continuity of the mechanisms of tripartite consultation among the Government, trade unions and employers` organizations, as a consequence of the structure change in the Economic and Social Council.

PROCESS

Since early 1990s, Romania has put in place a new system of industrial relations based on the ILO’s core labour standards and adoption of the European Union acquis. Modern approaches to the management of employee relations and the development of social dialogue are relatively new concepts for the Romanian labour market. The changes introduced in Romania have generally brought about an increase in the role and the relevance of the social partners in the management of economic and social change. However, there were issues with respect to the effectiveness and consistency of bipartite social dialogue and tensions relating to the role played by government in tripartite dialogue.

The Civic dialogue is the form of dialogue between representatives of civil society (social partners, organized civil society organizations or foundations, craftsmen, retired associations, etc., generally defined as NGOs) as well as a form of direct dialogue between the Government and the Administration with the NGOs through an NGO platform or other types of network consultation.

Although the term of civil dialogue is not defined in the national legislation, through the adoption of the Law no. 62/2011 on the social dialogue, the structure and the organisation of the Economic and Social Council was changed so that from a tripartite social dialogue structure at national level it has become a structure of civil dialogue (between representatives of civil society) similar to that of the European Economic and Social Council.

Thus, the civil society representatives participate, along with the social partners, to the consultation process within the ESC.

Although undefined, the social dialogue carried on within the ESC between representatives of the civil society is a civic dialogue. The dialogue between the Administration or the Government and the NGOs, also understood as a civic dialogue, is limited, in the absence of a NGO platform or of some direct networks, to their just being consulted under Law 53/2003 on transparency in public administration and of Article 51 of Government Ordinance no.26/2000.

The dialogue between the Parliament/Government and the Economic and Social Council (structure of civil dialogue), although similar to the social cooperation between European institutions and the European Economic and Social Committee as defined by TFEU, is assimilated to the social dialogue at high level.

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The social bipartite dialogue may take the form of an autonomous dialogue (trade unions, employers’ associations) without any Government intervention or regulation, or may be understood as a dialogue between the trade unions and the employers’ associations developed within compulsory collective bargaining (regulated by the Law), or under the form of the consultation between the Government and the trade unions or the Government and the employers’ associations meant to solve economic and social issues.

The social bipartite dialogue occurs with predilection in the framework of the compulsory collective bargaining, regulated by Law, as well as within the procedure of settling collective labour disputes. Thus, in accordance to the provisions of Law 62/2011 on the social dialogue, the compulsory level of collective bargaining is the unit. The Law also establishes the representation of the parties within a negotiation, the effects and applicability of collective agreements concluded, and the way of solving collective labour conflicts.

An atypical structure of autonomous dialogue, promoted in the attempt of retrieving the model of autonomous dialogue from within the European sectorial committees, is the sectorial committee, organised at “branch” level, under Law no. 132/ 1999, amended, on the functioning of the of the CNFPA (National Council for Adults Professional Training). It is a combination of at least two organizations, an employers’ one and a trade union’s organization of federative type, representative at sectorial level, but which can take the atypical form of autonomous multiparty social dialogue by the possibility to also integrate in the structure ministries representatives.

In Romania, the tripartite social dialogue occurs at three levels and takes the shape of mutual consultation and information. In its more advanced form, it could take the form of social partnership or negotiation.

The tripartite social dialogue takes place within the institutionalized structures of tripartite consultation (National Tripartite Council for Social Dialogue, commissions for social dialogue) established at national, central and local level under Law no.62/ 2011 on the social dialogue, as well as within other consultation instances as the parliamentary working committees or ad-hoc tripartite structures.

The tripartite social dialogue at national level occurs both within the institutionalized framework of the National Tripartite Council for Social Dialogue, high-level structure regulated by Law no. 62/2011, and in other frameworks of tripartite consultation as the parliamentary working committees or ad-hoc tripartite structures as, for instance, the inter-ministerial commissions.

The tripartite social dialogue at sectorial level occurs within the institutionalized framework of the social dialogue commissions established at central level (within ministries and public central institutions). They are made up of representatives of ministries and trade unions and employers' organizations at national level. Social partners within these commissions are consulted on all legal acts drawn up at the ministry level and on other issues of concern to social partners in their field of competence.

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6. The social dialogue at territorial level occurs within social dialogue commissions at prefectures level. These commissions are made up by more representatives of the local administration and of one member nominated by each confederation representative at national level. Their objective is to inform and advise social partners on decisions taken by local authorities on problems of local interest.

A notion increasingly used is that of “plus” tripartite social dialogue, promoted by the International Labour Organization, which implicate extending tripartite social dialogue to civil society organizations. In Romania, although no regulations for this purpose have been established yet, in practice, there is a higher participation of NGOs in the tripartite consultations within the social dialogue commissions. Still, they have a guest status within these instances.

II. ECONOMIC AND SOCIAL COUNCIL OF ROMANIA

INTRODUCTION

The Economic and Social Council is an autonomous tripartite public institution of national interest, set up for the purpose of achieving the tripartite dialogue at national level between employers, trade unions and representatives of the organized civil society.

The Economic and Social Council is consulted as binding by initiators of draft acts in its field of competence. The result of this consultation is embodied into opinions on draft laws.

The ESC fields of competence are:

a) economic policies;b) financial, fiscal policies;c) Labor relations, social protection and wage policy;d) health policies;e) education, research and culture.

The Economic and Social Council may issue opinions and recommendations on its own initiative or on referral at the request of any representative public authority or employers’ and trade union organization, on economic and social state of facts, evolutions or economic and social events of national interest. Following these referrals, the ESC shall issue opinions and recommendations.

HISTORY

The building of the institutional social dialogue began in 1997, with the adoption of the law on the organization and functioning of the Economic and Social Council, which created the institutional framework at the national level where social partners were informed and consulted on draft legislation designed to put into practice Romania's social and economic policy.

In its initial form, the Economic and Social Council comprised 27 members, who composed the Plenary Session (Plenum), appointed by the social partners, as follows:

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a) 9 members appointed, by mutual agreement, by the employers’ confederations representative at national level;

b) 9 members appointed, by mutual agreement, by the trade unions’ confederations representative at national level;

c) 9 members appointed by the Government.

On 13 May 2011 a new law no.62/2011 on the social dialogue was enforced. This act of law involves the abolishment of the trade union law, the law on collective labor agreement, Economic and Social Council Act, the law on social dialogue committees.

The Economic and Social Council (CES) is to become a ‘public institution of national interest charged with the creation of the conditions for a civic dialogue between employer associations, trade unions and structured entities of the civil society’. In the previous legislation (Law No. 109/1997), the CES was defined as a ‘tripartite public institution of national interest established for the social dialogue at national level between trade unions, employer organizations and the government’.

STRUCTURE

The present ESC Plenary Session has a structure consisting of 45 members including the President and the Vice-presidents.

The nomination of the members of the Economic and Social Council is made as follows:

a) 15 members nominated by the employers’ confederations representative at national level;b) 15 members nominated by the trade union confederations representative at national level;c) 15 members representing civil society appointed by decision of the Prime Minister, on proposal of the Ministry of Labour, Family and Social Protection; they shall be representatives of cooperative structures, professions, consumer protection organizations, scientific and academic community, farmers organizations, organizations of retired people, community local organizations, associations representing families and people with disabilities and other NGOs.

The Economic and Social Council maintains its role as a public institution of national importance, in charge of creating the proper environment for civic dialogue among employers` organizations, trade unions and the structured entities of the civil society.

The Economic and Social Council is reorganized as an institution for tripartite dialogue. For the first time, civil society representatives can be a part of the Economic and Social Council, while Government representatives are now withdrawn from it. Thus, there is an open way to consultative forums for the civil society. In other words, the Government is bowing out of the CES, giving up its place to the representatives of civil society entities.

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WORK

The Economic and Social Council acts as a consultative body for the Government and the Parliament of Romania and shall have the following duties:

a) issuing opinions on draft acts initiated by the Government or the Parliament in the fields of competence pursuant to Article 83 (2), inviting the initiators to take part in the debates on draft acts;

b) elaborating analyses and studies on the economic and social realities at the request of the Government, of the Parliament or on its own initiative;

c) informing the Government and the Parliament on the emergence of economic and social events that call for new regulations;

d) observing the duties following from the Convention 144 / 1976 of the International Labour Organisation on tripartite consultations, intended to promote the enforcement of international labour standards adopted on the 2nd

of June 1976 in Geneva and ratified by the Romanian Law 96/1992.

The Economic and Social Council acts as a consultative body for the Government and the Parliament of Romania and has the following duties:

e) issuing opinions on draft acts initiated by the Government or the Parliament in the fields of competence pursuant to Article 83 (2), inviting the initiators to take part in the debates on draft acts;

f) elaborating analyses and studies on the economic and social realities at the request of the Government, of the Parliament or on its own initiative;

g) informing the Government and the Parliament on the emergence of economic and social events that call for new regulations;

h) observing the duties following from the Convention 144 / 1976 of the International Labour Organisation on tripartite consultations, intended to promote the enforcement of international labour standards adopted on the 2nd

of June 1976 in Geneva and ratified by the Romanian Law 96/1992.

THE FUTURE OF SOCIAL DIALOGUE IN ROMANIA

Social dialogue is an invaluable mechanism for the design of policies to fit national priorities. Furthermore, it is a strong basis for building the commitment of employers and workers to the joint action with governments needed to overcome the crisis and for a sustainable recovery.

Assuming new responsibilities of the social partners, use a higher grade instruments as provided by the Treaty on European Union, increasing quality of industrial relations and emphasize the principle of subsidiarity in the implementation of agreements reached between the social partners at Community level are imperative aspects.

Strong political determination is required to use the existing instruments of dialogue during crisis conditions, adapting them if necessary. At the national level, social dialogue will be very useful in finding the necessary balance between macroeconomic stability, employment growth and the protection of the most vulnerable sectors.

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_____________

International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

November 2011

SOCIAL DIALOGUE IN RUSSIA AND THE CIVIC CHAMBER OF THE RUSSIAN

FEDERATION

The social dialogue in Russia has deep roots and long-standing traditions. Traditional institutions of civil society existed historically both in the Russian Empire and the Soviet Union: trade unions, children’s, youth and women’s organizations, mass media etc. Some of them were an authorities voice on a national and international level. For instance, in 1961 a non-governmental organization entitled Soviet Fund for Peace was established. It was financed solely by donations of ordinary citizens, enterprises and civil society associations. The Soviet Fund for Peace, known nowadays as the Russian Fund for Peace, became an influential NGO both in Russia and abroad pushing ahead the global civil society movement towards disarmament, peace, stability and mutual confidence.

Of course, the situation has radically changed at the turn of the century in the non-commercial sector with the globalization, thriving of new technologies, liberalization and new areas for civil society action. The civil society in Russia has entered into a new stage with enhanced social dialogue and solidarity.

The Russian government and intellectual elite have realized that a mature solid civil society is vital for national well-being and prosperity of the country. Still, such a civil society should be based on the middle class like in the leading developed countries. In the last twenty years numerous Russian NGOs focused on human rights, environmental issues and protection of children, youth and women have been settled in Russia. They are extending their network ties with similar organizations around the world and slowly but surely influence the decision-making process at the federal, regional and local levels. Gender equality issues are also effectively tackled as Russian women are gaining space and momentum both in the government, political parties, business and non-commercial sector.

Aspiring to create regular platform and coordinating body for these segmented and sometimes sporadic and chaotic public activities, the government has decided to establish the Civic Chamber of the Russian Federation as an organized civil society institution to promote effective and mutually beneficial dialogue between citizens and the State.

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Mission and goals

The Civic Chamber of the Russian Federation (CCRF) was established on April 4, 2005 by the Federal Law №32 “On the Civic Chamber of the Russian Federation” to secure effective channels for dialogue and interaction between Russian citizens and federal, regional and local authorities so that the interests and demands of the civil society are taken into account while elaborating national policies in different fields.

The Civic Chamber sets among others the following priorities:1) Engaging citizens and NGOs in the implementation of governmental

policies;2) Putting forward and supporting civil society initiatives of national

importance for Russia to promote human rights, basic freedoms and legitimate interests of Russian citizens;

3) Conducting public expertise of federal and regional bills of the Russian Federation, as well as draft regulations of Russian governing bodies and local authorities;

4) Exerting public control over the activities of the Russian government, federal, regional and local authorities;

5) Drawing up recommendations for Russian authorities in the shaping of the national policies to develop non-commercial sector and to promote mature civil society in Russia;

6) Providing informational, methodological and other forms of support to the regional civic chambers of the Russian Federation;

7) Engaging citizens, NGOs and mass media in discussions on freedom of speech and press, right to spread information by all legal means and human rights protection in Russia;

8) Developing international cooperation and participating in the activities of international organizations, multilateral conferences, meetings and other events of civil society dimension.

Formation

The Civic Chamber consists of 126 members working on a voluntary basis, with their term of office of 3 years (prior to 2011 – 2 years).

The CCRF is formed in three stages. First, following consultations with national NGOs and other civil society organizations the President of the Russian Federation appoints 42 members of the Chamber, selected among eminent public figures. Second, the 42 members already approved by the President elect via preferential voting another 42 members among candidates nominated by all-Russian civil society associations and NGOs. Third, 84 members of the CCRF choose 42 representatives from regional and inter-regional organizations from each of the 8 federal districts of Russia.

Structure

Each convocation of the CCRF establishes Commissions, main working bodies to deal with pressing issues of social and economic development. Each member of the CCRF may enter at least one Commission with a casting vote and may join any other Commission with a right of deliberative vote.

There are total 12 Commissions, 5 Inter-Commission Working Groups and 3 Research Institutes in the actual structure of the Chamber:

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Commissions Commission on issues of civil society development Commission on economic development and support of

entrepreneurship Commission on regional development and local governance Commission on public control over law-enforcement and juridical

system reform Commission on communications, information policy and freedom of

speech in mass media Commission on development of education Commission on inter-ethnic relations and freedom of conscience Commission on social issues and demographic policy Commission on science and innovations Commission on preservation and development of national culture Commission on health care, environmental protection, promotion of

physical training and sports Commission on promotion of charity and volunteerism

Inter-Commission Working Groups Inter-Commission Working Group on ethics and rules of procedure Inter-Commission Working Group for organization of expert services Inter-Commission Working Group on industry modernization issues Inter-Commission Working Group on children’s issues and youth

policy Inter-Commission Working Group on drafting the annual report of the

Civic Chamber on the state of the civil society in Russia

Research Institutes Institute of Sustainable Development Institute for Promotion of Innovations Institute for Monitoring of Efficiency and Law Enforcement

In addition the members of the Civic Chamber may set up Ad Hoc Working Groups to conduct expertise of socially important bills underway in the Russian Parliament inviting representatives of the civil society organizations, government officials to join the Working Groups as experts.

Board

Board of the Civic Chamber is the main governing body that guidelines, regulates and coordinates all the activities of the CCRF. It is composed of the President of the Civic Chamber, Vice-Presidents, Chairmen of the Commissions and Inter-Commission Working Groups and Heads of the Research Institutes.

Activities

Plenary sessionsAll the 126 members of the Civic Chamber participate in plenary sessions. Plenary sessions are conducted to deal with the most significant issues of Russia’s national development and civil society participation in it. 4-5 of such plenary sessions are held annually.

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The first plenary session of a new convocation of the CCRF elects the President of the Civic Chamber and Vice-Presidents, establishes Commissions and Inter-Commission Working Groups. During the annual December sessions the Annual Report of the Civic Chamber on the State of Civil Society in the Russian Federation is discussed and approved. The report is then presented to the Head of State and may be further disseminated.

Public hearings The CCRF has held dozens of public hearings involving broad segments of society on various pressing issues of national development and international relations.

Conferences, Roundtables and Seminars on topical social issuesThe Chamber has organized hundreds of conferences, roundtables and seminars in Russia and abroad on different aspects of civil society participation in the solving of the social and economic problems and in the modernization of Russia.

Public expertise of bills and other legislationAccording to the current legislation, the Civic Chamber may carry out expertise of bills underway in the State Duma, lower house of the Russian parliament. Total of 65 draft Federal Laws were viewed and examined by the CCRF in 2011. For example, on October 20, 2011 the CCRF submitted to the Duma the its expert assessment of the key national bill “On the federal budget for 2012 and for the period of 2013-2014”.

Public control and support to civil society initiativesThe Civic Chamber exerts public control over socially important projects (fight against illegal gambling businesses, combat against speculative attacks on vital food items, mobilization of broader civil society groups and fund-raising for the victims of Russian wildfires in 2010 among others).

The CCRF also supports important civil society initiatives and actions, such as the projects “It’s time to pay the debts” aimed at helping elderly people that need cardiologic operations or “A country without foolishness” to fight against law violations and excessive administrative regulation.

Cooperation with NPOs/NGOsThe Civic Chamber has promoted the development of non-commercial sector in Russia. The coherent efforts by the CCRF helped to adopt a milder version of the Federal Law on NPOs/NGOs in 2005. The Chamber has voiced in favour of the granting of the regular financial support by the government to national NPOs/NGOs.

Support to the establishment of regional civic chambers and civic observer councils under federal ministries and agencies Creation of civic chambers in constituent entities of the Russian Federation and establishment of civic observer councils under federal ministries and agencies is one of the most important trends of the current Russian civil society’s development.

The Civic Chamber is an absolute leader in the setting up of such bodies. The CCRF renders technical, legal and expert assistance to these emerging institutes of civil society. As a result of this work, 64 of 83 Russian regions have today their own civic chambers.

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The CCRF both supports the creation of civic observer councils under federal ministries and takes part in their activities. Members of the Civic Chamber have entered 48 civic observer councils under federal ministries and agencies.

Election monitoringOne of important tasks of the Civic Chamber consists in exerting public control during the period of elections. The observer activities and missions of the Civic Chamber at the parliamentary elections in 2007 and in 2011 may be viewed as instrumental in this regard.

Since 2006 the Civic Chamber of the Russian Federation has sponsored the national network of public centers of election monitoring “Press and election”. The network laid the grounds for public control and free media coverage of the parliamentary elections in Russia in 2007. Later on, the CCRF members backed the establishment of the Association of NPOs/NGOs for Protection of Civil Voting Rights “Civil Control”. With the assistance of the CCRF there was created a “hot line” for voters in 45 regions of Russia. The Civic Chamber also launched the Coordinative Council of NPOs/NGOs which prepared observers for the mentioned elections and observed the election process and voting procedures.

Our achievementsCreated in 2005, the Civic Chamber has become in 6 years of existence a key civil society organization in Russia, an important channel of dialogue between the society and the government, a platform for broader social participation.

Firstly, the interference of the Civic Chamber has made Russian authorities change a strategic oil pipeline route in the region of Lake Baikal, national landmark and heritage, to meet strict environmental demands.

Secondly, the Civic Chamber has contributed to the adoption of the decision by the authorities to limit the scale of the illegal gambling business and money laundering in Russia.

Thirdly, the CCRF has advocated for the adoption of the Federal Law №76 “On public control over human rights in prisons and on assistance to persons in prisons”, demanding wider rights for NGOs to access prisons and observe the situation in prisons, treatment of prisoners and enforcement of their rights.

Fourthly, since 2005 the Civic Chamber has provided expertise of 150 federal bills contributing to their improvement in the interests of citizens, customers and civil society organizations.

Fifthly, the Chamber has established regular meetings with the President of Russia to directly voice and convey concerns from the people and civil society. As a result of the latest meeting with the President Dmitry Medvedev on January 20, 2011 the Civic Chamber has launched the elaboration of a fundamental Federal Law “On public control” and the preparation of a national report on the efficiency of current anti-corruption policies in Russia.

International activities

The Civic Chamber of the Russian Federation participates in various international exchanges, interacts with international organizations, economic and social councils

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and similar institutions of other countries. The scale of its international activities is constantly growing. While in 2006-2008 the CCRF carried out about 50 international events, the number of international events organized by the Civic Chamber constantly grew in 2009-2010 and reached 112 in 2011.

Developing international cooperation with the International association of economic and social councils and similar institutions (AICESIS) is one of the top priorities of the CCRF. The Civic Chamber entered the AICESIS in 2006 contributing regularly to the activities of this Association. In 2009 the CCRF hosted the AICESIS Board Meeting in Moscow and joined the Board in 2011 at the General Assembly in Rome (July 21-23, 2011).

The Civic Chamber has developed close ties with international organizations, first of all, with the UN and its specialized bodies (UNESCO, UNICEF etc.). The main objective of this interaction is to consolidate efforts of the civil society institutions of Russia and abroad in the promotion of intercultural dialogue and in the eradication of racial, ethnical and religious discrimination. In the light of the upcoming UN Conference “Rio+20” the Civic Chamber has coordinated the civil society efforts in shaping of the national strategy on sustainable development.

The CCRF has maintained frequent exchanges with its partners in the Commonwealth of Independent States (CIS). In 2011 the CCRF, the Public Council of Armenia and the Ukrainian National Tripartite Social and Economic Council signed an Agreement on elaboration of a consolidated position of the three institutions within the AICESIS activities.

The Civic Chamber and its key partner in Europe – the European Economic and Social Committee – have established practice of holding annual seminars on Russia-EU cooperation. The Chamber has nourished cooperation with other economic and social councils within the EU, especially with Greece, France, Italy and Spain, and has developed mature relationship with other key European structures, such as the OSCE, the Council of Europe and others. In 2010 the Council of Europe recognized the Civic Chamber as the most representative institution in the Russian Federation.

The Civic Chamber has fostered ties with emerging leaders such as China, Brazil and South Africa and has established cooperation between the economic and social councils and similar institutions of the BRICS countries. On October 13, 2011 the CCRF held the first roundtable in the BRICS format in Moscow that resulted in the signing of the respective Agreement on cooperation.

The Civic Chamber is interested in forging new partnerships with other countries and regions through public diplomacy efforts in order to build a more democratic, prosperous, comfort and stable Russia with strong civil society voice.

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__________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)July 2010

SOCIAL DIALOGUE IN SERBIA

( by the Social and Economic Council of the Republic of Serbia)

The development of an institutionalized (tripartite) social dialogue was initiated after the democratic changes in Serbia in year 2000. The delayed transition of the economy and society at large called for the initiation of social dialogue in the absence of a legal framework, and with weak capacities of social partners and insufficiently informed executive authorities about social dialogue. This approach was risky, but at the same time it was the only possible one in view of the fact that it was possible to improve and increase capacities of social partners through social dialogue. Through their activities social partners pointed out to the advantages of resolving conflicts through dialogue and, in spite of transition losses in the first phase of the reforms, they made a relatively peaceful march through a turbulent and conflicting period of transition possible.

In 2004 the Law on Social and Economic Council was adopted and thus a legal framework for the development of social dialogue in Serbia was in place. The present composition of the Council was constituted in 2008, after the general parliamentary elections and the establishment of the coalition government. The Council meets on a regular basis and discusses the key issues from its scope of competences. Primarily, the Council considers draft laws that regulate labor and social legislation, economic policy, minimum wages in Serbia, as well as measures applied by the Serbian government to reduce the effects of the global economic crisis on the Serbian economy and the extremely high rate of unemployment.

The Council is an independent body with eighteen members of which six are ministers in the Serbian government, six members are representative trade unions (four from the Confederation of Independent Trade Unions of Serbia and two from the Trade Union Confederation Nezavisnost), and six representatives from the representative association of employers (Union of Employers of Serbia). Decisions, opinions, positions and recommendations are adopted by consensus and forwarded to the government, i.e. the ministries that propose draft laws, bylaws, action plans and strategies.

With a view of ensuring professional discussions and quality documents, the Council has formed four standing working bodies: on dealing with legislation, one for economic questions, one for collective bargaining and peaceful dispute resolution and

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one for occupational health and safety. These bodies, formed on tripartite basis, provide expert opinions on documents to the Council and through the Secretariat. The Secretary of the Council, elected by the Council for a period of four years coordinates the work of the standing working bodies. Chairperson elected for a period of one year (rotation system) convenes and chairs sessions of the Council. In October this year minister of labor and social policy who is the chairperson of the Council will be replaced by a representative of trade unions.

According to the report for 2009, seven regular and two extraordinary Council sessions were held. The items on the agenda of the regular sessions included opinions about the Draft Law on the prevention of mobbing, Draft Law on gender equality, Draft Strategy on occupational health and safety, Draft Amended Law on peaceful labor disputes resolution, analysis of the Agreement on future development of social dialogue etc. Extraordinary sessions were devoted to Government measures for curbing the effects of the global economic crisis, numerous strikes that occurred as a result of bad privatization processes that left a great number of workers jobless and cases of new owners who not only fail to pay regular salaries but also contributions thus jeopardizing workers rights to pensions.

The collective bargaining system in Serbia is carried out on three levels: the national level, sectorial (including territorial where, mostly, public utility companies sign agreements with local self-governments) and company level. General collective agreement for the whole territory of the country was signed in April 2008, (for a period of three years) after nearly four years of negotiations. Unfortunately, the effects of this important document were diminished after an Annex to the Agreement was signed end of 2009 which postpones the implementation of many financial obligations of employers vis-à-vis workers, as a result of the global economic crisis.

Collective bargaining on the sectorial level is not developed. Collective agreements were signed in the following sectors: health care, education, culture, republican and local administration. The competent ministries signed these agreements with trade unions and then the Minister of labor, upon the recommendation of the Social and Economic Council, prescribed extended effect of the agreement to all employers in the said sectors and not only to institutions that are funded from the budget, i.e. where the state is the employer. In the industrial sector, i.e. the private sector not a single branch collective agreement was signed, although in some branches bargaining has been taking place for some five years. At the company level, situation is very versatile. Collective agreements are signed mostly in bigger companies where trade unions are organized, while in small and medium size companies this level of bargaining does not even exist because the level of union organization is low.

The challenges facing stake holders in the social dialogue in Serbia are as follows:

- Further increase of capacities of social partners and of the Social and Economic Council as an institution;

- Changes of the labor and social policy legislation which will call for great efforts to achieve consensus - especially in the case of the Law on strikes, the Law on labor inspection, Amendments of the Law on pension and disability insurance and the amendments of the Labor law.

- Discussion on the basic directions of the economic policy of the state and measures for supporting development and increasing employment.

- Negotiations on the new General collective agreement which will expire in April next year, as well as negotiations on branch collective agreements.

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The institution of Social and Economic Council will have to face and bear challenges, such as limited financial resources (the Council is funded from the state budget with 231,733 euros for 2010), insufficient number of employees in the Secretariat, and most importantly the Council will have to exert much effort to make the executive authorities accept and respect its recommendations and opinions and provide the Council with draft laws on time, instead of sending them once they have been approved by the government and forwarded to the parliament. In conclusion, further success of social dialogue will primarily depend on its result, that is to say on the benefits achieved for the citizens. Dialogue between social partners and government cannot be a compensation for poor and incomplete final results.

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_________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

April 2014

Social Dialogue in Sint Maarten

 Introduction

In April 2012 the government of Sint Maarten signed a cost sharing agreement with the United Nations Development Programme (UNDP). This agreement puts into effect the partnership between the government of Sint Maarten represented by the Ministry of General affairs and the UNDP through the Program “Building a Nation: St. Maarten National Development Plan and institutional Strengthening’.

History

On October 10, 2010 Sint Maarten became an autonomous country within the Dutch Kingdom, prior to October 10, 2010 the social dialogue in Sint Maarten was lacking in development. Once Sint Maarten received “country status” pertinent institutions such as ESC Sint Maarten, tri-parte committee were called into existence. Institutions and committees wherein a social dialogue was top priority.

Participants

The planning of these multiple dialogue consultations requires an organizational structure in which not only government is represented.

Since the overall objective of the social dialogue is to create a platform where different parties involved assent with one another on the National Vision and development plan for St. Maarten, the entities who will carry out the Dialogue process and have the responsibility to accomplish this are categorized as follows:

- Governmental Departments/ Public sector;- Citizenry/ NGO-sector;- Private sector

Process

This program aims to support the Nation Building/Social dialogue process by means of:1. Formulating a National Vision.2. A National Development Plan through a broad scale democratic dialogue process.3. Capacity building in the areas of Results Based Management and evidence Based Management.

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The National Vision will be built on the outcome of a highly participatory and inclusive Dialogue Platform, complemented by existing strategic development plans.

By bringing together all stakeholders on St. Maarten, the program will support the social dialogue. The planning of these multiple dialogue consultations requires an organizational structure in which not only government is represented.

Since the overall objective of the social dialogue is to create a platform where different parties involved assent with one another on the National Vision and development plan for St. Maarten, the entities who will carry out the Dialogue.

The Economic and Social Council of Sint Maarten

Introduction 

As part of the constitution of the new Country Sint Maarten and as one of the required organic national ordinances, to this end, on October 10 th 2010, the national ordinance Social Economic Council (SER) (GT no. 9) became effective. A properly functioning SER is of essential importance for a society with many social-economic issues. The SER can provide government with solicited or unsolicited advice on socio-economic topics.

History

The board of the SER was appointed on May 1st 2011. The Council comprises nine acting members and nine substitute members, of which six representatives of the employers’- and employee organizations and three independent members (experts). The (independent) members are appointed by national decree upon recommendation of the Minister of General Affairs.

Structure

The SER, as an advisory- and consulting body of employers’ and employees and independent experts, want to make a contribution to the social affluence of Sint Maarten. To do so, the SER strives for quality and support: great expertise in combination with broad based agreement and support in the society.

The SER is authorized to invite others to the SER meetings and to allow them to participate in its deliberations with an advisory vote. Each Minister can request the SER to allow one or more appointed civil servants admittance to the SER meetings as an observer. In the event that the SER grants the request the civil servant will have an advisory vote at the respective meeting.

The logo of the SER is built up from a combination of three colors, red, green and blue,  which together represent the employers’- and employees’ organizations and independent experts in the SER.

The circle symbolizes the strong tie of each partner that is represented in the SER. Each part of the circle is of equal size, this reflects the balance within the SER, and all partners are equal. All elements put together result in a strong circle, which reflects the power of the SER as partner in the social economic development process.

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The members of the Social Economic Council and their replacements resign every three years after which they can immediately be reappointed.

Work

The Secretariat consists formally of six permanent positions and is under the supervision of the Secretary General. The Secretary General is appointed and dismissed by national decree after hearing the Council. Suspension takes place upon a proposal of the Council via a decree of the Minister of General Affairs. The staff of the Secretariat supports the Council in its advices and consultation work by doing:

       Research, studies and presentations       Gathering information for the meetings       Providing the members with information       Making up the minutes and taking care of the final editing of the advices.

The future of the Social Dialogue in Sint Maarten

Institutions such as ESC Sint Maarten, tripartite committee should work more closely together. Institutions and committees wherein a social dialogue are top priority, should be granted the opportunity to be more involved in the decision making process. Continued participation and the experiences gained in international institutions such as the AICESIS, should be used to address the challenges facing the people of Sint Maarten.

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___________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

May 2013

Social Dialogue in Thailand

The application of social dialogue in Thailand based on the goal of social dialogue expressed by the ILO pinpoints the creation of opportunities for the major social partners, i.e. employers and workers to play key roles in the formulation and implementation of social policies (Salamon 2000).

Theoretically, the form of social dialogue is therefore stressed on the bipartite level where workers or trade union consult with employers or management without the involvement of government officials. This bipartite dialogue occurs at various levels including at the entrepreneurial, industrial, provincial, regional, and national levels. The scope of the dialogue includes the issues of wage determination, work relationships, job security, safety, health and work environments, benefits and welfare, to improve the quality of the work life of workers which at the end is to improve the quality of life of the people in a society. The rationale is that once the workers in enterprises receive better compensation, the working conditions are improved and there are no or less on-the-job injuries, and workers have job security; the security will expand to the members of the family of workers who are the majority in an industrial society. It will at the end result in social peace and sustainability.

However, the tripartite dialogue where a government representative participates in the consultation or negotiation is also a mechanism to promote the dialogue to achieve its goal. Therefore, tripartite dialogue is also implemented along with the bipartite system. In Thailand, the government has policies to promote the bipartite system by promoting the establishment of trade unions and collective bargaining between employees or trade unions and management or employers in order to establish and amend the terms and conditions of employment. However, due to the fact that Thailand has not been fully developed into an industrialised society the government still has to play a key role in tripartite dialogue. So, the social dialogue practices in Thailand are in both bipartite and the government dominated tripartite forms.

The bipartite dialogue in practice now begins from information sharing with employees through various types of media such as meetings, bulletin boards, newsletters, and circulars in an enterprise including providing a grievance system for employees. The next level is joint consultation between management and workers. The consultation is both voluntary and mandatory. The voluntary consultation is usually done through a joint consultation committee. The mandatory consultations are done by laws that include the establishment of a welfare committee, safety, health and working environment committee, under the provision of the Labour Protection Act. Under the Labour Relations Act there are provisions for the establishment of

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employee committees. The laws require management to consult with these committees regularly. The next level is collective bargaining to establish or amend the terms and conditions of employment. It can be done both by employees directly and through trade unions. The Labour Relations Act provides the details of the process and the time frame for the submission of demands and negotiation including the provisions for settlement of labour disputes through various means such as conciliation and arbitration including the exercise of various industrial actions such as a strike or lockout and the authority of the Minister of Labour to end the dispute when it appears to harm the nation’s economy and social harmony.

The tripartite dialogue in practice now can be divided into two forms.

The first type is an ad hoc or a nonrecurring consultation. This type of dialogue includes the organisation of a tripartite meeting or seminar on various issues related to economic and social problems. This type of meeting or seminar is usually organised by a government agency by inviting both employers and workers to join the meeting or seminar. The purpose of this type of dialogue is mainly to seek comments or opinions from both parties as an input to the proposed plans or policies to be implemented by the government. However, in some cases the government may organise a meeting or seminar to hear the voice of both parties for example when the country is facing an economic crisis, or introduces an idea to enact a new law to use certain types of measures to resolve labour and social problems. The results of this type of meeting or seminar that lead to objective measures are in the case of the code of practice to remedy a mass layoff during an economic crisis, and the code of practice for sound labour relations.

The second type of tripartite dialogue in practice is the establishment and operation of various tripartite committees. There are more than 10 tripartite committees for example; the National Advisory Council for Labour Development, the National Vocational Training Coordination Committee, the Wage Committee, the Labour Relations Committee, the Social Security Committee, the Occupational Safety, Health and Work Environment Committee, the Welfare Committee and the Skills Development Promotion Committee, and etc. These committees are national committees.

One of the major problems of operation of the tripartite committees in Thailand is that there is no work integration among these committees. Each committee performs it functions according to the duties and responsibilities as specified in the legislation promulgating the committee. There are certain overlapping and sometimes conflicting functions and operations. Thus, it causes conflicts and leads to inefficiency and ineffectiveness in their performance. The major conflict and competition of tasks occurred clearly in the areas of vocational education and training which is under the Ministry of Education and skills development is under the Ministry of Labour. This could lead to a deficiency of the country in preparing to cope with the ASEAN free flow of labour to be effective on 1 January 2015 according to the provisions of the ASEAN Economic Community (AEC).

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The Role of the National Economic and Social Advisory Council (NESAC) for Social Dialogue

The National Economic and Social Advisory Council (NESAC) was originally established under the provisions of the Constitution of the Kingdom of Thailand B.E. 2540 (1997). Under the provisions of the constitution the National Economic and Social Advisory Council Act B.E. 2543 (2000) was enacted. This act provides the guidelines for establishment and operations of NESAC. In the year 2007 the Constitution of the Kingdom of Thailand B.E. 2540 (1997) was overthrown and the Constitution of the Kingdom of Thailand B.E. 2550 (2007) was promulgated. However, the National Economic and Social Advisory Council Act B.E. 2543 (2000) has continued to be in force. It is still being used as a guideline for operation of the NESAC.

Article 258 of the Constitution of the Kingdom of Thailand B.E. 2550 (2007) prescribed that the NESAC has the duties to provide advice and make recommendations to the Cabinet on various problems related to the economy and society including the related laws, national economic and social development plan and other plans as prescribed by laws that must be reviewed and commented on by the NESAC prior to promulgation. At the same time, the National Economic and Social Advisory Council Act B.E. 2543 (2000) prescribed that the NESAC shall have the following major duties:

- (1) Provide advice and make recommendations to the Cabinet on matters related to the economy and society for the benefit of actions to be taken according to the guidelines of the basic policies of the state as prescribed in Part V of the Constitution of the Kingdom of Thailand;

- (2) Provide opinions related to the National Economic and Social Development Plan and other plans as prescribed by laws that must be reviewed and commented by the NESAC prior to promulgation;

- (3) Provide advice or opinions on matters that the Cabinet considers appropriate for advices and opinions to use as a basis for consideration in determining a policy related to such matter which may have an impact on the condition of economy and society in general;

- (4) Consider and conduct studies, make reports of recommendation and propose to the Cabinet on matters that are appropriate to be guidelines for determination of national economic and social policies;

- (5) Have the authority to appoint working committees comprised of members of the NESAC or any person to conduct a study or take any action of the NESAC.

The opinions of the NESAC to propose to the Cabinet must be in the form of a report expressing the opinions of all members who expressed their opinions both to support and oppose such matters with reasons thereof and the pros and cons or the effect of approaches to actions according to the opinions being proposed and to open to the public for acknowledgement. When the Cabinet has considered the recommendations submitted by the NESAC it must make a report to the NESAC of the results of the consideration or actions taken on such recommendations and open to the public for acknowledgement as well.

Based on the provisions of the Constitution of the Kingdom of Thailand B.E. 2550 (2007) and the National Economic and Social Advisory Council Act B.E. 2543 (2000) the NESAC has the following roles:

- (1) develop the process of participation of the people;

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- (2) be a forum for reflecting public issues and reducing conflict in society; - (3) develop learning processes and promote the combination of the people

sector; - (4) motivate people to be more conscious of social responsibility; - (5) be an important mechanism to enhance the efficiency of the government

policy formulation on national development; - and (6) develop a process of learning towards a sufficiency economy to attain

a sustainable balance.

To provide a clear direction of the organisation the NESAC has a vision of being an intellectual organisation to provide advice and reflect the problems from people to the state. To ensure a clarity of function for operation the NESAC has defined its missions as to prepare quality, up-to-date and farsighted policy recommendations to the Cabinet by study and participation for the progress of the nation and wellbeing of the people.

The Constitution of the Kingdom of Thailand B.E. 2550 (2007) provides that the NESAC is comprised of 99 members elected through an indirect election from various organisations representing people in various occupations and professions.

In terms of operation, the NESAC convenes its meetings regularly twice a month. Working committees were established to perform various functions of the NESAC. At present, there are 13 standing working committees in operation.

The operations of the NESAC are under the guidance of the Chairman and two Vice Chairmen, one for Administration and one for Academics. Its operation is supported by the Secretariat headed by the Secretary General reporting to the Prime Minister and the position of the Secretary General is equivalent to the Permanent Secretary of a Ministry. The functions of the NESAC cover a wide range of activities and the Working Committee for Labour and Social Welfare was established to be responsible for the area of labour.

Since its inception in 2000 until the present the NESAC has submitted 258 policy recommendations to the Cabinet. Some of the most important recommendations include: the Agreement on Free Trade between Thailand and the United States of America, the project on the tree lines cable train, strategy for developing the service sector of the economy, guidelines for income distribution based on the rights and resource, and policies for developing the quality of life for Thais in specific target groups.

The process of preparing the recommendations includes the conducting of public hearings to obtain opinions and suggestions related to the economic and social issues from the people, private sector organisations and local network organisations of each region in the country. The data is then analysed and synthesised through the academic process and methodology to come up with a draft report of recommendation and presented to the general meeting of the NESAC for review and approval prior to submission to the Cabinet. For the issue of the national harmony the NESAC has submitted a report of recommendations for creating harmony in Thai society during the past political crisis to the Prime Minister for consideration and implementation.

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________________International Association of Economic and Social Councils

and Similar Institutions

(AICESIS)

April 2011

SOCIAL DIALOGUE IN TURKEY AND THE TURKISH ECONOMIC AND SOCIAL

COUNCIL

1. Social Dialogue in TurkeyIt will be appropriate to examine social dialogue under different subtitles. So improvements related to social dialogue mechanisms in Turkey can be listed below:

1.1. Freedom of AssociationLegal arrangements in this area were put into force with the C 87-The Freedom of Association and Protection of the Right to Organize Convention, C 98-Right to Organize and Collective Bargaining Convention and C 151-Labour Relations (Public Service) Convention, all ratified in different years. Legal bases of freedom of association are article 51 of the Constitution and Law on Trade Unions No: 2821. According to the Constitution “employees and employers” own to right to establish and join unions. Before the 2001 amendments, these rights were only given to “workers and employers”, in other words it was not including civil servants. Merely, after the amendments of the Constitution in 2001 freedom of association included civil servants as well as workers. Turkey obliged to give freedom of association to civil servants when it ratified C 151 agreement of the International Labour Organization (ILO).

1.2. Freedom to Negotiate The legal bases about freedom to negotiate in Turkey are article 53 of the constitution and Law on Collective Agreement, Strike and Lock-out. According to this legislation, workers and employers can conclude collective agreements mutually. Besides, civil servants also have the right to negotiate collectively with a significant amendment in the Constitution which came in to force in 2010.

1.3. Ability to Sign AgreementsAccording to the Constitution, worker and employer organizations perform discussions and conclude collective agreements in the name of workers and employers. But these unions must possess some conditions. These criterions are listed in detail under Law on Collective Agreement, Strike and Lock-out.

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1.4. Social Dialogue MechanismsThere are lots of social dialog mechanisms in Turkey. Some mechanisms at the national level are listed below;

1.4.1. Economic and Social CouncilRepublic of Turkey had ratified C 144 agreement of ILO and accepted to establish a mechanism between workers and employers for dialog and consultation. As a result of this, Turkish Economic and Social Council was established in 2001. Turkish Economic and Social Council will be explained further in the following pages.

1.4.2. Labour AssemblyLabour Assembly which is the mechanism within the Ministry of Labour and Social Security (MoLSS) was established in 1945. The board comes together to discuss significant subjects about labour life under the chair of Minister or the Undersecretary of MoLSS. Apart from the chairman, the board consists of bureaucrats, representatives of unions, representatives of civil organizations and university lecturers.

1.4.3. Tripartite Consultation BoardThe Board intends to achieve peace at work and to develop industrial relations. So, it particularly follows the advancements of the law about labour life and works to support solidarity between the government, employers and unions. The boards chairman is the Minister or the Undersecretary of MoLSS. It has 3 representatives of worker unions, 3 representatives of employer unions, 3 representatives of civil servant unions and heads of units of the MoLLS. Additionally, there are other social dialog mechanisms in Turkey apart from the ones mentioned above. For instance;

Within the Turkish Employment Organization- General Assembly- Board of Management- Unemployment Insurance Fund Management BoardThe board whose chairman is a representative of MoLLS has 4 members. The board evaluates resources of fund and follows incomes and expenditures besides presents a report to public opinion quarterly. The board meets at least once in week and it can meet ordinarily or extraordinarily. The board which is prepared its agenda by chairman meets with absolute majority.- Occupational Standards Committee- Provincial Employment Boards

Within the Social Security Institution:- General Assembly- Board of Management

Under the Labour Law:- The Minimum Wage Committee (Art. 39)Committee is a mechanism within the Ministry of Labour and Social Security like Unemployment Insurance Fund Management Board. It marks off the minimum wage biennially. Committee has sixteen members who are bureaucrats and employers’ and employees’ representatives and it can meet at least with ten members.

Although there are lots of tripartite social dialog mechanisms at national level, there is no bipartite mechanism at national level in Turkey. But there are some bipartite social dialog mechanisms at sectorial level in Turkey (e.g; metal sector, textile sector).

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1.5. StatisticsStatistics concerning trade union membership and collective agreements are compiled annually by the MoLLS.

1.6. Social PartnersThere are lots of organizations and institutions related to social dialog which are in cooperation with the government in Turkey. These are listed below;

Workers’ organizations- TURK-IS (The Confederation of Turkish Trade Unions)- DISK (The Confederation of Progressive Trade Unions)- HAK-IS (The Confederation of Turkish Real Trade Unions)

Employers’ organizations- TISK (Turkish Confederation of Employer Associations)

Civil servants’ organizations- KAMU-SEN (Confederation of Public Employees Unions)- KESK (Confederation of Public Workers Unions)- MEMUR-SEN (Confederation of Civil Servants Unions)- BASK (Confederation of Independent Public Servants)

An important point related to these organizations is that, confederations of employers’ unions are affiliated to UNICE and Confederations of workers’ unions are affiliated to ETUC.

2. TURKISH ECONOMİC AND SOCIAL COUNCIL (ESC)

ESC is an important establishment between multi-party social dialog mechanisms and it is a very successful governance form. Turkey ratified C 144 agreement of International Labour Organization (ILO) on 1993 and ESC was established on 2001. Besides, ESC has become a constitutional institution with the constitutional amendment took place in 2010. (Constitution Article 166 puts in order it.) In line with the constitutional change and recommendations of the EU, a change in the composition and functions of the ESC is under consideration. In this regard, segments of the society other than employers and employees, like women, the disabled, youth, and aged people will be represented in the ESC; the representation of government in the ESC will be lowered, and ESC will assume a more autonomous institutional structure.

2.1. Composition, Members and Mechanism of ESC

2.1.1. Composition of ESCThe chairman of the Turkish ESC is the Prime Minister but when the Prime Minister doesn’t participate in the meeting, one of the vice-presidents chairs the meeting. There are three vice-presidents who are selected from different groups of social life. Accordingly; one vice-president is selected by The Union of Chambers of Commerce, Industry, Maritime Trade and Commodity Exchanges of Turkey (TOBB) and Turkish Confederation of Employer Associations (TISK), one vice-president is selected by The Confederation of Turkish Trade Unions (TURK-IS),The Confederation of Progressive Trade Unions of Turkey (DISK) and HAK-IS Trade Union Confederation (HAK-IS) and the other vice-president is selected by Union of Turkish Chambers of Agriculture (TZOB) and Confederation of Tradesmen and Artisans of Turkey (TESK).

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2.1.2 Members of ESCThere are 39 members from four different groups in ESC. They are listed as follows;

Group 1- Government (15 members)There are some ministers and bureaucrats who are in charge of economic and social issues apart from Prime Minister.

Group 2- Employers (6 members)Employers’ representatives are selected by TOBB and TISK.

Group 3- Employees (12 members)Employees’ representatives are selected by TURK-IS, DISK, HAK-IS and KAMU-SEN

Group 4- Others ( 6 members)Other representatives are selected by TZOB and TESK.

As shown in, composition of ESC is so civil and percent %62 of it is non-governmental.

2.1.3. Mechanism of ESCThe council can meet ordinarily or extraordinarily. Normally, it meets quarterly on the invitation of the president. Agenda of meeting is prepared by Secretariat which is carried out by State Planning Organization (DPT) and determined by the Presidential Council.

2.2. Main Duties of ESC To advise to government on various economic and social matters that are

related to the economic and social life To ensure the participation of the various social partners in the governmental

economic and social policies. To promote consensus and cooperation both between the government and

these groups and among these groups themselves. To submit opinions, views and reports to the Government, the Parliament, the

President and the public, on its own referral. To establish, continual and provisional labour boards. To determine, members of Joint Consultative Committee (J.C.C.)

2.3. Working BoardsThese boards which are listed below are constituted by regulation on August 2001;

The Labour Life Board The Macroeconomics Policies Board The E.U. and Foreign Affairs Board Agriculture, Forest and Rural Affairs Board Industry, Technology and Productivity Board Energy Board Trade Board Tradesmen and Artisans and SMEs Board Consumer Board Environment Board Regional Development Board Human Resources Board The Board of Transition to Information Society

When necessary, the Council can constitute new boards or cancel the ones listed above.

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Working Boards consist of 5-7 members including president and meet at least once a month. At least one member of the boards is selected by State Planning Organization. Besides the boards can constitute Working Groups to discuss some detailed and special topics.

2.4. The EU-Turkey Joint Consultative Committee (J.C.C.)The EU-Turkey Joint Consultative Committee is composed of 36 members who are appointed by Turkey and European Economic and Social Committee (E.E.S.C.). J.C.C meets twice a year, one in Brussels and the other in Turkey. J.C.C. which was set up in 1996 has two presidents that one of them is Mr. Arno Meltzer (member of E.E.S.C.) and the other is Mr Mustafa Kumlu (president of TURK-IS).

2.4.1. Main Duties of J.C.C. To ensure the involvement of organized civil society in Turkey about

negotiations. To increase, Turkish public opinion’s awareness about E.U membership and

obligations. To enable the EU representatives to familiarize with the social structures and

the economic and social impact of the reforms in Turkey.

2.4.2. Mechanism of JCCThe J.C.C. has a wide range of topics to discuss that can be listed as follows;

the relations between Turkey and the EU in respect of energy cooperation in the field of small and medium-sized enterprises and vocational

training agricultural products under the EU-Turkey customs union social impact of the customs union regional disparities in Turkey integration of disabled people in social life micro enterprises women and employment economic development in the context of the Lisbon strategy trade unions rights etc.

2.4.3. Member of J.C.C.As mentioned above 18 members of J.C.C. belong to E.E.S.C and the members of Turkish side can list as 3 groups;

Group 1- Employers (6 members)-The Union of Chambers of Commerce, Industry, Maritime Trade and CommodityExchanges of Turkey (TOBB)-Turkish Confederation of Employer Associations (TISK)

Group 2- Employees (6 members)-The Confederation of Turkish Trade Unions (TURK-IS)-The Confederation of Progressive Trade Unions of Turkey (DISK)-HAK-IS Trade Union Confederation (HAK-IS)-The Confederation of Public Employees (KAMU-SEN)

Group 3- Others (6 members)- Union of Turkish Chambers of Agriculture (TZOB)- Confederation of Tradesmen and Artisans of Turkey (TESK)

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- Union of Chambers of Engineers and Architects of Turkey (TMMOB), Alternately- The Association for the Protection of Consumers (TUKODER), Alternately- Turkish of Association Industrial Relations (TEID), Alternately

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