Social dialogue in the EU emerged as a result of the development of social dialogue in countries that jointly built the future of the EU. A special form of social dialogue in the EU, highly developed in recent decades, is the national social pacts. In this way, the EU has paid more attention to social policy, partially strengthening the role of social partners in the development of social dialogue in transition countries.
Two conferences dedicated to the development of social dialogue in candidate countries for EU membership have contributed particularly to the more important role of social partners in countries in transition. The progress and development patterns of social dialogue in these countries have also been significantly influenced by the International Labor Organization.
Conditions for the development of social dialogue in SEE
- Economic conditions
- Burgeoning of the informal economy
- Political instability
- The price of nationalist madness
- Romania and Bulgaria: between communists and neoliberals
- Awakening of the trade unions: From conflict to co-operation
- Kosovo
- Croatia
- Serbia
- Montenegro
- Bosnia and Herzegovina
- Macedonia
- Albania
- Romania
- Bulgaria
The trade union landscape in the FRY does not consist exclusively of trade unions in Serbia and Montenegro. One of these is the Union of Independent Trade Unions of Albania (BSPSH), which supports the Democratic Party of former President Sali Berisha (1992-1997). The National Confederation of Free Trade Unions in Romania “Fratia” (CNSLR-Fratia) emerged from the former state trade union.
Employers as mannequins of tripartism
The latest result of "self-organization" of employers' organizations in SEE and their joint work in the SEE Employers' Forum, founded in Zagreb in 1999, is also unfolding under ILO auspices. For example, the first failed attempt to organize an employers' organization in Albania - the Union of Democratic Businessmen - was registered in 1993. The first employers' associations in Romania were founded as early as 1989, but only in the private sector.
The privatization of the state-owned enterprises went together with the development of the private sector, and new employers' associations representing the interests of private business have been created. Until 2001, employers' organizations could be established under a general law on the association, which was unfavorable for this labor market partner in relation to the trade unions. During the same period in Serbia, the growth and development of the main alternative trade union - TUC Nezavisnost - and the new employers' organization - The Employers' Union of Serbia - proceeded almost simultaneously.
All this actually testifies to how the employers' party is poorly developed in an organizational sense and without sufficient capacity to act as a labor market partner. Employers' organizations in these countries have not yet joined social dialogue and existing tripartite institutions. Encouraged by the launch of the Stability Pact, in September 1999 the employers' organizations from the SEE countries, under the auspices of the ILO, established The South Eastern Europe Employers' Forum (SEEEF) with a view to the mutual exchange of information and the development of cooperation.
Employers' organizations in SEE have not been founded for the needs caused by trade union activities.
Economic and social councils in SEE countries
The most brief overview of the structure and organization of national tripartite bodies in the SEE countries is shown in the following table. In fact, in 1995, at the insistence of the CATUY, the Social Council of the Federal Government was established within its scope, as a consultative body of the Federal Government. It thus disappeared from the scene after the election and composition of the new government.
Currently, no tripartite body exists at the level of the FRY, although such bodies do exist in Serbia and Montenegro. This fact also indicates the complexity of the overall political situation in the FRY, where federal bodies operate without any real significance for the political, economic and social processes in the member republics. When reviewing the structure of the economic and social councils operating in the SEE countries, it is important to emphasize that in some countries (Macedonia, Montenegro, Kosovo, both entities in Bosnia and Herzegovina) Chambers of Commerce and Industry role of employers. organizations.
Although voluntary employers' organizations (the establishment of which was largely initiated by the ILO) already exist in these countries, representatives of the Chambers still sit in national economic and social councils as representatives of employers' organizations. All this shows a very low level of organization of the employers' side in the ongoing social dialogue in SEE countries and attempts to create economic and social councils only to formally copy the democratic instruments of the European social model without sincere intention to develop and implement. social dialogue as a means to face many social contradictions and problems. In Montenegro, for example, the Economic and Social Council has not yet been completed with representatives of the non-governmental sector and the representative of migrant workers from Montenegro.
Given the existence of over 9,000 NGOs in Serbia, it was very difficult to choose the right one to be represented in the Economic and Social Council.
Case study: Social dialogue in Croatia
- The beginnings of transition: Tripartism as the regime’s mimicry
- Trade unions: mutual competitors
- Employers: apparent support to social dialogue
- Tripartism: a stable institutional basis
- Trade union action: hope in co-operation with the new authorities
- Conclusions: How to bring life into institutions
According to the data of the State Statistical Office, the unemployment rate in Croatia is 23%. Its membership and influence have declined considerably since the new government was formed in 2000. Such legal provisions, together with numerous internal disputes within existing organizations, have resulted in the literal growth of new unions.
Moreover, since the unions agree on one point - a very low opinion from the employers' associations. The purpose of CEA is to protect and promote the interests of the members at regional, national and international level. The lack of proof of the CEA's representativeness is the cause of numerous misunderstandings and conflicts among the social partners.
Based on the Labor Law (Article 219), the Economic and Social Council of Croatia is a body whose work is based on the idea of threefold cooperation between the Croatian government, trade unions and employers. Monitors, studies and evaluates the impact of economic and social policy on social stability and development; The Council consists of 9 members who are appointed by the Croatian government: three members are appointed by the proposal of the Minister of Labor and Social Welfare, three representatives of trade unions and three representatives of employers, by the proposal of KES or representatives. employers' and trade unions' associations.
The agreement was signed on December 22, 2001 by representatives of the Government, employers (CEA) and four union headquarters (SSSH, Matica, HUS and URSH).
Case study No 2: Social doalogue in Montenegro
- Introduction
- Unemployment growth
- Poverty
- Serb-Montenegrin knot
- Brief history of post-communism Trade Union movement in Montenegro
- General Collective Agreement
- Branch Collective Agreements
- Collective agreements with the employers
- Labor contract
- Minimum wage
- Strikes
- Social dialogue and tripartism
- Economic and Social Council of Montenegro
- Problems of institutionalization and true implementation of tripartism
Special Collective Agreement for the workers in the PTT system of Montenegro ("Official Gazette of the Republic of Montenegro" no. Special Collective Agreement for the energy supply of Montenegro ("Official Gazette of the Republic of Montenegro" no: 28/96 Special Collective Agreement for the public preschool institutions ("Official Gazette of the Republic of Montenegro" no: 32/96).
Special Collective Agreement for the primary schools of Montenegro ("Official Gazette of the Republic of Montenegro" no: 32/96). Special Collective Agreement for the high schools of Montenegro ("Official Gazette of the Republic of Montenegro" no: 32/96). Special Collective Agreement for the area of culture in Montenegro ("Official Gazette of the Republic of Montenegro" no: 32/96).
Special collective agreement for health and social care in Montenegro ("Official Gazette of the CG" No. Special collective agreement for the forestry sector in Montenegro ("Official Gazette of the CG" No: 35/96) Special collective agreement for special schools and institutes (" Official Gazette of the Republic of Montenegro" No: 38/96).
Branch Collective Agreement for metalworkers of Montenegro ("Official Gazette of the Republic of Montenegro" no: 38/96). Branch Collective Agreement for the textile, leather, footwear, chemical and rubber industry in Montenegro ("Official Gazette of the Republic of Montenegro" Branch Collective Agreement for the information activities of Montenegro ("Official Gazette of the Republic of Montenegro" no: 43/97).
Final considerations
It is clear that when the council was created, a mistake was made, which created problems with its legitimacy and the financing of its work, resulting in the current existence of the council being only the democratic facade, without real influence on the economic and social development in Montenegro, nor on the prevention of industrial and social conflicts and collective labor disputes. As we in Montenegro are currently preparing a whole series of reforms in labor and social legislation, which have serious social consequences, the role of the Social and Economic Council will have to be increased. In addition, this new law should prescribe conditions, manners and models for the participation of the general civil society (NGOs) in the discussions on the economic and social development of Montenegro.
The practice so far in South-Eastern Europe indicates that, despite many obstacles and weaknesses, the social dialogue has started to work and that it has given the best results in creating institutional and legal assumptions for new working relationships in the conditions of the transition to a market economy. , the resolution of major conflicts in the world of work and the cooperation of trade unions and employers in the formulation and implementation of government economic and social policy measures. Tripartism played a key role in reducing social tensions and ensuring social peace. However, the institutionalization of social dialogue and new legislation alone are not sufficient to eliminate the legacy of negative, often anti-union practices in the countries of this region.
"Facade democracy" thus becomes just another decoration, without real meaning for the entire social life in the countries of the region. The gap between the new democratic laws and the undemocratic reality is still too great, and only the development and strengthening of social partners can contribute to the real democratization of social life in the countries of the region. A comparison of the forms through which social dialogue takes place in the EU and SEE countries shows that different content is hidden under similar forms.
Both in the East and in the West, one can see very similar forms through which social dialogue is conducted (composition of tripartite bodies, method of election, internal organization), but this cannot automatically serve as an indication of a similar situation on the area of social dialogue.
