Social Dialogue

Social dialogue is increasingly being accepted as the best means to confront challenges, seize opportunities and manage the effects of change, whilst balancing the interests of Governments, employers and workers. The 90th session of the International Labour Conference adopted a resolution calling for governments, employers’ and workers’ organizations to promote and enhance tripartism and social dialogue, in particular, in those sectors where it is deficient. Although social dialogue is well developed in some parts of the industry, it is deficient and does not exist in others. Therefore there is a need for capacity building for social dialogue of tripartite constituents, particularly in developing countries or countries in transition.

The social dialogue process in the European Union Utilities sector has been able to help limit the negative social implications of redundancies, but much more needs to be done around the world since social dialogue mechanisms in some regions are deficient. There is a strong need to enhance the social dialogue process to improve relations and address the social implications of globalization in the sector, and in particular, in those areas opening up their public utilities markets to competition. Social dimensions should play a predominant part in restructuring and privatization in order to ensure public interest, build good practices and help alleviate the social problems often created.

Global framework agreements are one way of addressing labour issues in a multinational enterprise (MNE). They are a credible method to demonstrate commitment by both trade unions and MNEs that can protect and advance mutual interests and help establish a framework for bargaining. One such agreement exists between the Spanish multinational ENDESA and the International Federation of Chemical, Energy, Mine and General Workers’ Union (ICEM).

The need to avoid breakdowns in the provision of utilities makes it particularly relevant to develop procedures for the prevention and resolution of disputes. Four ILO Conventions specifically cover freedom of association and the right to collective bargaining: those on Freedom of Association and Protection of the Right to Organise, 1948 (No. 87); Right to Organise and Collective Bargaining, 1949 (No. 98); Labour Relations (in the Public Service), 1978 (No. 151); and Collective Bargaining, 1981 (No. 154). Concerning strikes, the ILO Committee on Freedom of Association has expressed the view that these are a legitimate means of defense of workers' interests, but that they may be limited or prohibited in essential services. The principles of freedom of association allow the right to strike to be restricted in essential services whose interruption would threaten the life, personal safety or health of all or part of the population. Where strikes are permitted, legislation or collective agreements usually provide means to ensure the continuance of a minimum level of services. Consultation with workers on this issue is essential. But it is clearly highly desirable also to develop a continuous dialogue, so as to prevent such occurrences. It is encouraging to note a general trend towards increased workers' consultation or participation at the enterprise level in these sectors.