Description
The Pillar sets the right for social partners to be involved in the
design and implementation of employment and social policies, and
supports their stronger involvement in policy and law-making while
taking into account the diversity of national systems.(73) Its
realisation entails setting the appropriate institutional or legal
framework at Union and national level, by giving a clear role to social
partners not only in consultation and preparation of relevant
legislation and policies, but also in their implementation and
enforcement.
The Pillar entitles all workers in all sectors to be
informed and consulted directly or through their representatives on
matters relevant to them such as the transfer, restructuring and merger
of undertakings and collective redundancies. It looks beyond the current
Union acquis given that: it applies regardless of the staff numbers
involved; its material scope encompasses both the restructuring and
merger of companies; and the right is not just to receive information
but also to be consulted about any such corporate action, which implies
an exchange of views and the establishment of a consistent dialogue with
the employer. Moreover, Principle 8b covers any issues that concern
workers, whereas existing Directives contain a limited list of topics
for engaging in information and consultation processes. By referring to
'matters relevant to them, in particular (…) the transfer, restructuring
and merger of undertakings and (…) collective redundancies', it goes
further than Article 27 of the Charter, which provides for a right to
information and consultation 'in the cases and under the conditions
provided for by Union law and national laws and practices'.
While
capacity-building is first and foremost a bottom-up process depending
on the will and efforts of the social partners themselves, the
provisions of the Pillar highlight that the efforts by the social
partners can be complemented by public authorities while respecting the
social partners' autonomy. Capacity-building refers to increasing the
representativeness of social partners and to strengthening their
operational, analytical and legal capabilities to engage in collective
bargaining and to contribute to policy-making. This support can take the
form of setting the appropriate institutional/legal framework, by
giving a clear role to social partners in policymaking and also by
providing financial support.
Additional information
(73) A new start for Social Dialogue - Statement of the Presidency of
the Council of the European Union, the European Commission and the
European Social Partners, June 16, 2016.