Dukes, Ruth; Cannon, Catriona --- "The role of social partners" [2016] ELECD 1414; in Bogg, Alan; Costello, Cathryn; Davies, C.L. A. (eds), "Research Handbook on EU Labour Law" (Edward Elgar Publishing, 2016) 89

Book Title: Research Handbook on EU Labour Law

Editor(s): Bogg, Alan; Costello, Cathryn; Davies, C.L. A.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783471119

Section: Chapter 5

Section Title: The role of social partners

Author(s): Dukes, Ruth; Cannon, Catriona

Number of pages: 25

Abstract/Description:

In 1992, in the Treaty of Maastricht, steps were taken to constitutionalize procedures involving the European representatives of labour and management (the ‘social partners’) in EU level policy-formation and legislation. A new Protocol and Agreement on Social Policy proclaimed the right of management and labour acting ‘at Community level’ to negotiate contractually binding agreements, and to have these implemented either by way of collective agreements within member states, or by Directive adopted by the Council. In addition, the Protocol and Agreement formalised the involvement of labour and management in Community social policy and legislation by way of a new legal obligation on the Commission to consult the representatives in a two stage process: on legislative proposals in the field of social policy, and, if action was to be taken on those proposals, on the content of the consequent legislation. In 1994, a Directive was adopted which provided for the first time for the collective representation of workers at the European level. In essence, the Directive provided for the creation of ‘European works councils’ (EWCs) within large transnational companies, to be informed and consulted by management on a regular basis in respect of specified matters. In some cases, EWCs also became involved over the years in the negotiation with management of transnational company agreements, or TCAs, acting alone or together with sectoral European trade unions (European Industry Federations, or EIFs).