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The European Social Dialogue in private security Eduardo Cobas Urcelay

The European Social Dialogue in private security Eduardo Cobas Urcelay Chairman Social Dialogue Committee CoESS Second International Conference Chamber of the Republic of Macedonia of Security of People and Property

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The European Social Dialogue in private security Eduardo Cobas Urcelay

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  1. The European Social Dialogue in private security Eduardo Cobas Urcelay Chairman Social Dialogue Committee CoESS Second International Conference Chamber of the Republic of Macedonia of Security of People and Property Contributing to global security and safety by cooperation and exchange of experience, practices and knowledge 2nd Intal. Conference. Macedonia.

  2. What means social dialogue at European level? • The results of private security social dialogue • Current developments in the private security social dialogue 2nd Intal. Conference. Macedonia.

  3. 1. What means social dialogue at European level? • A general definition (social dialogue) Discussions, consultations, negotiations and joint actions undertaken by the social partner organisations representing the two sides of industry (management and labour). http://ec.europa.eu/employment_social/social_dialogue/index_en.htm • A precondition: mutual recognition and representativeness of social partners 2nd Intal. Conference. Macedonia.

  4. A relatively recent process at European level • 1985: “Val Duchese” process • 1992: Maastricht Treaty: social protocol on social policy annexed to the Treaty • 1997: Treaty of Amsterdam: Articles 138 and 139 • 2000: Treaty of Nice: no changes • 2007: Treaty of Lisbon: role European Parliament 2nd Intal. Conference. Macedonia.

  5. Article 138. 1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties 2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action. 3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation. 4. On the occasion of such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 139. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it. 2nd Intal. Conference. Macedonia.

  6. Article 139 1. 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. The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 137(2). In that case, it shall act unanimously. 2nd Intal. Conference. Macedonia.

  7. Different levels of social dialogue: • Cross-industry organisations • Sectoral organisations • 35 sectors: including private security 2nd Intal. Conference. Macedonia.

  8. Outcome of social dialogue at European level • Agreements (139.2): minimum standards • Framework agreements • Autonomous agreements • Process-oriented texts • Frameworks of actions • Guidelines and Codes of conduct • Policy orientations • Joint opinions and tools: exchange of information • Joint opinions • Declarations • Tools 2nd Intal. Conference. Macedonia.

  9. Progress report European Commission. Republic of Macedonia. 2007. There has been no progress in the field of social dialogue which remains very formal owing to the weaknesses of the social partners. The Economic and Social Council (ESC) met only once during 2006, when the national strategy for employment was discussed. In the first half of 2007 the ESC met three times. The composition of the members of the ESC was not completely in accordance with the labour law provisions, since the representativeness criteria of the trade union representatives have still to be clarified. The public sector collective agreement remained unsigned. The main reason is the confusion surrounding the eligibility of the trade union representatives in the ESC. This has also a very negative impact on bipartite social dialogue. The definition of representativeness criteria therefore currently hinders the development of social dialogue structures. 2nd Intal. Conference. Macedonia.

  10. 2. Outcome of social dialogue in the private security sector • General documents: formal issues • General documents: basic principles • Regulatory issues • Training • Organisation of work • Market conditions • Health and safety • Enlargement 2nd Intal. Conference. Macedonia.

  11. General documents: formal issues • 1998: Creation of a Social Dialogue Committee • 1999: Joint declaration in the mutual recognition of CoESS and Euro-FIET and the social dialogue 2nd Intal. Conference. Macedonia.

  12. General: basic principles • Results achieved in the private security social dialogue (2002) • Code of Conduct and Ethics (2003) - ensuring the development of standards of conduct and ethics, the purpose of which is to benefit consumers, employees, clients and society in general - guaranteeing the minimum necessary degree of professionalism and quality • European model of private security (2004) - To stress the importance of the European Model of Private Security 2nd Intal. Conference. Macedonia.

  13. Regulatory issues Joint Opinion on Regulation and licensing (1996) - role of legislation / professionalism Joint Declaration on European Harmonisation of Legislation (2001) - call on necessary measures Position on the Directive on Services (2004) - wording of the proposal 2nd Intal. Conference. Macedonia.

  14. Training • Joint text on Vocational training (1996) • Basic manual on vocational training (1999) • European Educational toolkit for three Security Activities/Profiles (2006) 2nd Intal. Conference. Macedonia.

  15. Organisation of work • Joint declaration on Basic principles on organisation of work (2000) • SPOT I – report (2003) 2nd Intal. Conference. Macedonia.

  16. Market conditions • Memorandum Award of contracts: best value (1999) – manual • Joint position against undeclared work (2006) 2nd Intal. Conference. Macedonia.

  17. Health and safety • Training manual: health and safety issues (2004) 2nd Intal. Conference. Macedonia.

  18. Enlargement • Joint declaration on Basic principles in an enlarged Europe (1999) • Appeal to National Administrations in Baltic States (2006) 2nd Intal. Conference. Macedonia.

  19. 3. Current activitiesWorking Programme 2007-2008 • Joint approach to new developments in the sector • Transfer of Funds: cash in transit • Setting up a framework on modernisation of Work Organisation • Health and Safety issues • Training issues • Gender equality • Focusing on the new priorities for the sector • Implementation of the social dialogue results • Activities at national level: enlargement issues 2nd Intal. Conference. Macedonia.

  20. Joint approach to new developments: • V European Conference: October- implementation • Update of the study of the sector • Regulatory issues: • Follow up harmonisation • Increasing coordination needed • Transfer of Funds: • Subgroup created • Impact of new technologies • Attacks and health and safety • Cash substitution and SEPA 2nd Intal. Conference. Macedonia.

  21. Setting up a framework of work organisation: • MOWO project under way • Health and safety: • Stress • Violence at work conference • Training: • Dissemination of manuals • Gender equality: • Possibility of joint statement to be analysed 2nd Intal. Conference. Macedonia.

  22. Focusing on new priorities for the sector • Flexicurity • Conciliation of professional, private and family life • Implementation of the social dialogue results • Conference • Synergies: another sectors / European Working Councils • Activities at national level: enlargement issues • TAIEX activities ? • Best Value conferences 2nd Intal. Conference. Macedonia.

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