Brussels,

The EU Rules & Initiatives
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​Each member country has its own regulation of social dialogue and is obviously a cornerstone of the economic and social organization of each country.

The EU has also shaped the European social dialogue. First of all, an EU institution was created, the Economic and Social Committee, where there are entrepreneurs and workers with their representatives.

Furthermore, the European Commission, the EU institutional body with legislative proposal and implementation tasks, has created a social dialogue functional to its responsibilities.

The Social Dialogue

The social partners are involved in discussions, consultations, negotiations and joint actions conducted at European level, as well as those conducted at national level.
Before intervening in the social field, the European Commission must consult the social partners (Article 154 TFEU). Thus, the partners can negotiate agreements that can be implemented independently according to their national practices, or request their implementation through a Council decision (Article 155 TFEU).

European social dialogue can be:
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1. bipartite: social partners only - employers 'organizations and workers' organizations (trade unions) o
2. tripartite: social partners and EU institutions.

​Examples of agreements resulting from social dialogue include those on active aging and the intergenerational approach (2017) and digitization (2020).

In 2009, the EU published the Directive 2009/38/EC (modified in 2015) on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees. It aims to ensure information* and consultation* rights on transnational issues for staff in Community-scale companies* (with at least 1,000 employees) or groups of companies*. It achieves this by establishing a European works council or other appropriate procedures.

The Directive key points:

• Through European works councils, workers are informed and consulted at transnational level by management on the progress of the business and any significant decisions that could affect them.

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• Central management is responsible for providing the information allowing negotiations to set up a European works council or information and consultation procedures.
• The detailed arrangements are worked out between the central management and employee representatives sitting on a special negotiating body.
• Employee representatives, or any experts who advise them, may not reveal information expressly provided to them in confidence.
• Members of the European works council must have the means to apply the rights the legislation gives. This includes training of employee representatives without any loss of wages.
• Initially, EU countries could exclude merchant navy crews from the legislation. However, they were included in an amendment adopted in October 2015 (Directive (EU) 2015/1794).

On 11 April 2023, the Commission launches the first-stage consultation of European social partners on a possible revision of this Directive. This consultation follows up on the European Parliament's legislative own-initiative resolution of February 2023 calling for a revision, after the Commission's 2018 evaluation of the Directive.

Consultation document: first-phase consultation of social partners.

The Decision 98/500/EC (modified in 2013) was issued to Promote the dialogue between the social partners at European level.

​Key points of the Decision:
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• The sectoral dialogue committees are created in sectors where organisations representing workers and employers in this sector jointly indicate they wish to take part in a dialogue at EU level. They must:
  • relate to specific economic sectors, such as banking or agriculture;
  • consist of organisations which are recognised national social partners;
  • have the capacity to negotiate agreements; and
  • represent social partners of several EU countries;
  • have the structure and resources to participate effectively in EU-level work.

• Each committee:
  • is consulted on EU developments that have social implications in its area;
  • develops and promotes the social dialogue within its remit;
  • has a maximum number of 66 members, with an equal number of employer and employee representatives;
  • establishes, together with the European Commission, its own rules of procedure;
  • meets at least once a year;
  • is chaired either by an employer or employee representative or by a Commission official;
  • reviews regularly with the Commission its activities.
• The sectoral dialogue committees replace earlier forms of sectoral cooperation between social partners.