A4-0095/98

Resolution on transnational trade union rights in the European Union

The European Parliament,

- having regard to Rule 148 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Institutional Affairs (A4-0095/98),

A. whereas, since the adoption of the Treaty of Amsterdam, the fifteen Member States have signed the Community Charter on Fundamental Social Rights for Workers, Article 11 of which guarantees the right of association for employees and employers,

B. whereas a contradiction exists between the provisions of the 1989 Community Charter, which sought recognition of the right of association at European level, and Article 2(6) of the Agreement on Social Policy, which excludes the right of association from the powers and responsibilities of the EU,

C. whereas the European Union is urging all Member States to respect human and social rights, including the rights of free association and collective bargaining,

D. whereas, on the basis of the decisions concerning 'Agenda 2000', the European Union will be enlarged in the 21st century to include new Member States,

E. in the hope that the new Member States of the European Union will also fulfil all the conditions set out in the European Convention on Human Rights, the European Social Charter of the Council of Europe and in the 1989 Community Charter,

F. whereas, although trade union rights and the right of association are not specifically guaranteed in the constituent treaties, they form part of the common constitutional traditions of the Member States and are thus valid fundamental rights in the Community,

G. whereas the right to negotiate at European level is already implicitly recognized in the EU Directive on the European Works Council and in the working time Directive,

H. whereas the Treaty of Amsterdam establishes the possibilities of collective bargaining and negotiations at European level,

I. whereas the Council, pursuant to Article 2 of the Agreement on Social Policy, on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall act unanimously in the area of the representation and collective defence of the interests of employees and employers, including co-determination, subject to paragraph 6,

J. whereas the aim of the Community is 'to consolidate the progress made in the social field through action by the Member States, the two sides of industry and the Community¨ ((Charter, recital 12.)) and the Community must establish fundamental transnational trade union rights in order to fully implement the European single market,

K. whereas, 'by virtue of the principle of vertical and horizontal subsidiarity, responsibility for the initiatives to be taken with regard to the implementation of these social rights lies with the Member States or their constituent parts, with management and labour at national and European levels and, within the limits of its powers, with the European Community; whereas such implementation may take the form of laws, collective agreements or existing practices at the various appropriate levels, and whereas it requires in many spheres the active involvement of management and labour' ((Charter, recital 15.)),

L. whereas 'the guarantee of fundamental social rights at European Community level may not, when implemented, provide grounds for any retrogression compared with the situation currently existing in each Member State' ((Charter, recital 16.)),

M. whereas a Member State may entrust management and labour, at their joint request, with the implementation of directives concerning the representation and collective defence of the interest of employees and employers, including co-determination, the Member State being required at all times to guarantee the outcome laid down by those directives,

1. Considers that the coordinated implementation of employment policy and economic and monetary union will provide an impetus for the process of European collective bargaining;

2. Considers that ILO Conventions Nos 87 and 98, drawn up in the 1940s, and the European Social Charter of the Council of Europe which established freedom of association and the right to collective bargaining at national level, must be applied at Community level and calls on the Commission to examine how this can be best achieved;

3. Considers that overcoming conflicts of interest through consultation and social consensus can help to strengthen business activity and the economy as a whole, as well as to create jobs, and that such a consensus is an essential condition for lasting social and economic development;

4. Confirms its demand for enshrining in particular the fundamental transnational trade unions rights (right of association including the right of collective bargaining and trade union action) in the Treaty on European Union;

5. Considers that the trade union organisations should be involved in establishing trade union rights at European level;

6. Calls on management and labour either themselves or as part of the social dialogue to draw up proposals for negotiating rules and principles;

7. Calls on the Commission to devote sufficient time, resources and staffing to the servicing of the social dialogue;

8. Urges the Commission to act in its facilitating and mediating capacity and to have an investigation carried out into how management and labour can best establish contractual relations or agreements on the basis of Article 139 of the Treaty of Amsterdam;

9. Urges the Commission to conduct relevant studies and investigations no later than the end of 1998;

10. Considers that trade unions rights at European level must include:

- sufficient protection of employees in case they are put at a disadvantage when they enter a trade union or are active in trade unions, without any personal or professional disadvantage for the employee resulting from it,

- free participation in trade union organisations in enterprises;

11. Considers that management and labour must enter into dialogue on the creation of appropriate instruments to avoid collective labour disputes;

12. Considers it is essential that, in order to facilitate the resolution of transnational conflicts, efforts should be made for the establishment and implementation, at the appropriate levels, of conciliation, mediation and voluntary arbitration procedures;

13. Considers that, if the basic trade union rights are enshrined in the Treaty establishing the European Community, the provisions of Article 137(6) of the Treaty of Amsterdam, in particular regarding the right to associate and the right to strike, should be repealed andconsiders that at the next review of the Treaty the content of Article 137(3) should be transferred to the majority decision/codecision procedure;

14. Considers that the Council must use the options available under Article 138(1), (2) and (3) and Article 139(2) of the Treaty of Amsterdam to support the European social partners in the elaboration of a course of action for the conclusion of agreements;

15. Considers that, in its annual report on the implementation of the objectives of Article 136 of the Treaty of Amsterdam, the Commission should pay explicit attention to the securing of an arrangement governing trade union rights at European level;

16. Intends, when holding its annual debate on the Social Charter, to devote a part of the proceedings to the extension of trade union rights at Community level.

17. Instructs its President to forward this resolution to the Commission, the Council and the social partners.