Implementation of the European social partners’ Framework Agreement on Work-Related Stress

19 Apr 2023 Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1 1 European Commission

Implementation of the European social partners’

Framework Agreement on Work-Related Stress

PRIMA-EF Stakeholder WorkshopBerlin, 24 January 2008Tobias MÜLLENSIEFEN

European Commission19 Apr 2023 Directorate-General for Employment, Social Affairs and Equal Opportunities ─ Unit F1 2

Agenda

1. The context: European social dialogue and autonomous agreements

2. The implementation process - lessons learned from the telework agreement

3. Implementation of the stress agreement – results so far?

4. Conclusions and outlook


1.

The context:

European social dialogue and

autonomous agreements

Signing of the stress agreement

Brussels, 8 October 2004


What is social dialogue?

• Discussions, consultations, negotiations and joint actions undertaken by the social partner organisations representing the two sides of industry (“management and labour”, i.e. employer and trade union organisations) at European level.


Aims of European social dialogue

Through social dialogue, social partners:

1. Influence European social policye.g. Art. 138 consultations, joint statements and declarations

2. Exchange good practicee.g. Frameworks of action on lifelong learning, on gender equality

3. Contribute to Social Europenew rights and obligations for European workers and employers social partner agreements, Article 139


Article 139 EC Treaty

Article 1391. Should management and labour so desire, the dialogue

between them at Community level may lead to contractual relations, including agreements.

2. Agreements concluded at Community level shall be implemented …

• either in accordance with the procedures and practices specific to management and labour and the Member States

• or, in matters covered by Article 137, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission.

…


Art. 139 agreements

Article 139:

Social partners can conclude agreements

The difference is not in content, but in way of implementation:

Council decision (Directive) – obligation on Member States to

transpose

« Autonomous » route – obligation on (national)

social partners to implement


Agreements implemented by Directive (only cross-industry)

• Framework agreement on parental leave, 1995

• Framework agreement on part-time work, 1997

• Framework agreement on fixed-term work, 1999 Council Directive 1999/70/EC of 28 June 1999 integrated into national legislation

Social partner agreements annexed to Directives, treated as other Directives – role of Member States, Commission and European Court of Justice


Autonomous agreements

• Agreement on telework, 2002implementation phase until 2005

implementation report 2006

• Agreement on work-related stress, 2004implementation phase until 2007

implementation report due in 2008

• Agreement on harassment and violence at work, 2007

implementation phase until 2010


Autonomous agreements (2)

Provisions for implementation and follow-up : (Art. 7 of Stress Agreement)

• In the context of article 139 of the Treaty, this voluntary European framework agreement commits the members of UNICE/UEAPME, CEEP and ETUC (and the liaison committee EUROCADRES/CEC) to implement it in accordance with the procedures and practices specific to management and labour in the Member States and in the countries of the European Economic Area.

• The signatory parties also invite their member organisations in candidate countries to implement this agreement.

• The implementation of this agreement will be carried out within three years after the date of signature of this agreement.

• Member organisations will report on the implementation of this agreement to the Social Dialogue Committee. During the first three years after the date of signature of this agreement, the Social Dialogue Committee will prepare a yearly table summarising the on-going implementation of the agreement. A full report on the implementation actions taken will be prepared by the Social Dialogue Committee during the fourth year.


Autonomous agreements (3)

Actors in implementation:

National social partners

Main responsibility for implementation

EU social partners Assistance, advice, coordination, monitoring

Member States Subsidiary role in implementation (no obligation)

Commission Monitoring, assistance


2.

The implementation process - lessons from the telework agreement


Different implementation methods

Implementation report by social partners in June 2006 (based on national reports from 21 EU MS, NO and IS ):

– Collective agreements, e.g. FR, IT, BE, GR, DK– Agreements with recommendations to lower

bargaining levels, e.g. ES, FI, NL– Legislation, e.g. PL, HU, CZ, PT– Guidelines / Codes of Practice, e.g. UK, IE, AT,

NO


(Preliminary) Conclusion

New instrument (sui generis) – first-time experience

Encouraging results in many countries (ex. PL)

Not a perfect system (but even directives are not perfect)

Time is needed before drawing conclusions – ongoing learning process


3.

Implementation of the stress agreement –

results so far?


What to expect from the Stress Agreement?

Starting position:

• Experience from telework agreement – same status, same responsibilities

• Particular nature of stress agreement:– not a « legal » text – different from TW

agreement– rather practical approach to tackle stress at the

workplace (« common sense »)


What to expect from the Stress Agreement? (2)

Aims of the agreement (Art. 2):

• to increase the awareness and understanding of employers, workers and their representatives of work-related stress, draw their attention to signs that could indicate problems of work-related stress

• to provide employers and workers with a framework to identify and prevent or manage problems of work-related stress


What to expect from the Stress Agreement? (3)

Steps to take:• Translate agreement (jointly agreed)• Dissemination and information• Discuss between national social partners

on what to achieve and how• Develop actual implementation instrument

(should be adapted to national industrial relations system)

Deadline: October 2007!Implementation report due in 2008


Results so far

June 2007 progress table – overview (examples):

• Austria: joint guidelines of social partners• Czech Republic: amended Labour Code, art. 102• Finland: recommendation by social partners to lower levels• France: discussions / negotiations under way• Iceland: specific collective agreement 7June 2007• Italy: no progress in negotiations• Latvia: social partner agreement 12 April 2006• Netherlands: update of earlier joint declaration and brochure (« Druk

werk? »)• Romania: Collective Agreement for 2007-2010, chapter 3, art. 37• Sweden: joint opinion with recommendations to sectoral collective

bargaining

• Denmark, Belgium, Norway: social partners considers that framework (legal or conventional) in place is sufficient


Example: UK

• Agreed by TUC, CBI, CEEP UK and FPB

• Recalls relevant legislation • Supported by government

(DTI, now BERR)• Involvement of Health and

Satefy Executive (HSE)• Links to useful tools (HSE

Management Standards, TUC stress risk assessment tool)


Example: Spain

• Annual framework agreement for collective bargaining, signed by CEOE, CEPYME, UGT, CC.OO.

• Addressed to negotiators at sectoral and company level

• Encouragement to adapt the agreement in the context of the Spanish labour market

• Spanish translation of European agreement in annex


Example: Poland

• Successful premiere of telework agreement (2006) – astonishing evolution

• Joint project co-financed by EU (2007), run by NSZZ Solidarnosc– Dissemination and translation– 3 training sessions about work-related stress

(Febr-April)– Conference with all other major social partners

(OPZZ, FZZ, PKPP Lewiatan, KPP, ZRP) and with input from other countries (June)

– Follow-up workshop to prepare negotiations (Sept): statement of intent

• Negotiations ongoing – no news yet


4. Conclusions and Outlook

• High level of ownership (translation, dissemination etc.)

• Mostly « soft » tools (guidelines, recommendations, brochures, etc)

• Few binding instruments – due to « soft » content?

• Difficult to regulate a psycho-social phenomenon like stress at work

• Limited added-value of EU instrument, but renewed social partner commitment to tackle work-related stress

• More « hard » implementation can be expected on the next autonomous agreement – harassment and violence.


Thank you for your attention!

More information about European social dialogue:

www.ec.europa.eu/socialdialogue

Documents

Implementation of the European social partners’ Framework Agreement on Work-Related Stress