Europe

The year in Europe was dominated by the reverberations of the continuing economic crisis, which hit hardest in Greece. Labour laws have been amended in several European countries, often as integral parts of austerity measures pushed through to bring down budget deficits. This has eroded trade union rights across the region, and at the same time social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. was often perfunctory or strained. Anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like. See Guide to the ITUC international trade (...)

The year in Europe was dominated by the reverberations of the continuing economic crisis, which hit hardest in Greece. Labour laws have been amended in several European countries, often as integral parts of austerity measures pushed through to bring down budget deficits. This has eroded trade union rights across the region, and at the same time social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. was often perfunctory or strained. Anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

 was again widespread in 2011, even in some countries with long traditions of industrial relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue , but particularly in Georgia, where neo-liberal economic reforms have set back the rights of employees and trade unions; in Turkey, where union activities are heavily restricted; and in Belarus, where Lukashenko’s regime continues harassing and intimidating independent trade unions. Within the European Union (EU), Greece has been at the centre of the eurozone debt crisis. In a bid to reduce its debt, and with membership of the eurozone precluding any opportunity to devalue its currency, the Greek government – pushed by the memorandum of Economic and Financial Policies of the European Commission, European Central Bank and International Monetary Fund (the ‘troika’) – has instead had to pursue an ‘internal devaluation’, i.e., reducing wages and living standards sharply.

This situation has had consequences in terms of trade union rights in relation to freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. Changes were introduced to the rules on collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
in the autumn with the new system prioritising enterprise level bargaining and not just sectoral or occupational agreements. It has also allowed associations of persons to enter into bargaining agreements, a measure targeted at smaller enterprises. Union bodies have seen some of these moves as destabilising the industrial relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue framework and weakening the role of trade unions.

Although at their most stark in Greece, these issues have also been faced by trade unions in Portugal, which also required a bailout and where the government is effectively pursuing an internal devaluation. Hungary and Romania are other EU member countries which in the face of the financial crisis have implemented far reaching changes to their respective labour laws that particularly undermine national and sectoral level collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
systems, to the detriment of working people and trade unions. EU and national court decisions related to minimum-wage bargaining procedures in Ireland or demands on Portuguese collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
arrangements (even if the product of joint trade union/employer decisions) have been enacted in the similar spirit of erosion of established social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. institutions instead of using them to resolve the problems.

Outside the EU, events in Georgia have been of particular concern. Although the Georgian economy is enjoying a high growth rate, deregulation and other radical neo-liberal policies of the government of Michael Saakashvili have been accompanied by high unemployment. Anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

 is rife, and the lack of protection therefrom is believed to be a major factor in the estimated 100,000 drop in union membership since the adoption of the country’s labour code in 2006, which also undermines collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. Both private and state employers have discriminated against trade unions.

Georgian trade unions have long complained about violations of their rights, but criticisms from the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights as well as from citizens petitions have often fallen on the government’s deaf ears. In 2011, in the context of trade and the Generalised System of Preferences, violations were reported by European and American union confederations, but whilst the former were not taken up by the European Commission, the latter has resulted in the US Trade Representative launching an investigation into these violations.

In Turkey trade union rights remain inadequately enshrined in law - a situation that is reflected in the large number of violations in the country in 2011. Severe restrictions remain in place on freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework , whilst collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is difficult due to high recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. thresholds. The right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is also limited. The provisions of a new draft trade union law fall well below European and international labour standards international labour standards Principles and norms related to labour matters, primarily codified in the Conventions and the Recommendations of the International Labour Organization (ILO). Include core labour rights such as freedom of association and the right to organise, the right to collective bargaining and the right to strike, which are all covered by ILO Conventions 87 and 98.

See ITUC Guide to international trade union rights ; discussed in parliament at the end of 2011, it was still being condemned by union organisations for being regressive. Widespread outsourcing outsourcing See contracting-out of work in Turkey continues to undermine workers’ rights in the country, as they are unable to unionise.

In 2011 there were numerous reports of discrimination against workers because of their union membership. Some of the worst examples include the dismissal of 25 union activists in the chemical and oil workers’ union, the imprisonment of a union leader at the leather goods company DESA’s plant in Duzce for alleged terrorist activities, the firing in April of 110 metalworkers in Birlesik for union membership, and the imprisonment of 25 members of the teachers’ union Egitim Sen, under the country’s anti-terrorism legislation.

In Belarus, the regime of President Lukashenko continues ignoring the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights Commission of Inquiry recommendations and heavily restricts freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework , particularly by applying a short-term contract system to discriminate and to intimidate activists and members of independent unions and by implementing obligatory registration procedures of a permissive nature by the authorities to prevent development of independent trade union organisations.

Whilst the situations in Greece, Georgia, Belarus and Turkey have warranted particular attention, several other issues have been causing concern. Across Europe many trade union bodies have voiced their frustration at the poor nature of social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. , particularly in Albania, Bulgaria, Czech Republic, Serbia and Ukraine, but this is to an extent reflected in other countries because of the austere economic times. The changing nature of employment is also a subject of some disquiet, notably in the use of short-term contracts, which makes unionisation more difficult. Belarus is by far the most extreme example here, but other countries, including Croatia, are a cause of worry.

Dismissals for trade union membership and activism have been reported in many central and eastern European countries, including Bosnia and Herzegovina, Bulgaria, Czech Republic, Macedonia, Poland and Serbia. Western Europe is not immune either, with dismissals reported in Belgium. A lack of confidence in the legal mechanisms to protect union rights is unsurprisingly apparent in Belarus, Kosovo and the Russian Federation. In Albania and Moldova weak enforcement by the labour inspectorate is also at issue.

These remain challenging times for the labour movement in Europe, with austere economic policies threatening to undermine the role and relationships of trade unions.

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The rising wave of policies against working people in Europe

Grigor Gradev, PERC Executive Secretary The pressures on labour relation systems continue to lead to a dramatic loss of trade union and worker rights. The main trends identified in 2010 have systematically intensified and set new ’records’ in 2011. The situation for workers has only been aggravated by the nature and targets of the so-called rescue programmes imposed and implemented by the “Troika” - EU, ECB, and IMF in a number of EU member states. In 2011 we also witnessed the readiness of governments in other countries to be guided by the same approaches to address the challenges of the crisis. The drive towards unilateral policy-making and drastic measures has a profound impact and long-term consequences for national and European systems of social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. along three main (...)

Grigor Gradev, PERC Executive Secretary

The pressures on labour relation systems continue to lead to a dramatic loss of trade union and worker rights. The main trends identified in 2010 have systematically intensified and set new ’records’ in 2011.

The situation for workers has only been aggravated by the nature and targets of the so-called rescue programmes imposed and implemented by the “Troika” - EU, ECB, and IMF in a number of EU member states. In 2011 we also witnessed the readiness of governments in other countries to be guided by the same approaches to address the challenges of the crisis.

The drive towards unilateral policy-making and drastic measures has a profound impact and long-term consequences for national and European systems of social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. along three main lines:

The attempts to bypass social partners social partners Unions and employers or their representative organisations. and established mechanisms of dialogue have led to the outright rejection of joint positions, proposals or normative drafts prepared by trade unions and employers.

Governments increasingly proceed on that basis to try to discredit the rationale and undermine the architecture of collective and individual labour relations which underscore social peace, opening instead the gates of social and political unrest.

Second, the unilateral policy approach was extended to the international level. Opinions or advice provided by specialised bodies such as the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights expressing concern over violations of fundamental labour standard related to reforms undertaken, have been ignored in a number of cases.

And third, the rising number of instances where previously traditionally negotiated solutions and regimes of operation are increasingly replaced by normative prescriptions and rigid legal frames to consolidate the results of the unilateral policies. The EU economic governance policies and particularly the latest “fiscal pact” provide particular momentum along these lines even for countries not severely hit by the crisis. Obviously, eventual corrections of extreme solutions imposed in this way will necessitate major political mobilisation and actions.

As expected, the policies and actions outlined above have changed the practice of social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. at different levels across the region, in a range of cases leading to a fundamental restructuring, and in extreme cases to a complete destruction of dialogue. The ensuing erosion of the legitimacy of the political systems and the political elites has been best demonstrated by the mobilisation of youth movements, demanding more direct democracy, growing in parallel to the mounting trade union protest actions. The EU controversial policies to the challenges of the crisis as well as the actions discrediting the European Social Model have depressed the trust of its citizens to the lowest level on record and turned it to convenient argument for regimes pursuing specific types of “democracy” and actions.

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