Proposal for a COUNCIL RECOMMENDATION on strengthening social dialogue in the European Union
Date: 2023-01-25
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU action, European social policy, collective bargaining, labour market, social development, social dialogue (EU), social partners, social rights, social situation, working conditions

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   EUROPEAN COMMISSION  Brussels, 25.1.2023  COM(2023) 38 final 2023/0012 (NLE)  Proposal for a COUNCIL RECOMMENDATION on strengthening social dialogue in the European Union  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  promotion  of  social  dialogue  is  a  common  objective  of  the  EU  and  its  Member  States. 
Social dialogue is  a key driver for economic  and social resilience, competitiveness,  fairness 
and sustainable growth. It is crucial in finding balanced solutions in response to new needs, to 
changes in the world of work as well as to unexpected crises, by allowing an adjustment of 
working  conditions  and  work  organisation.  Social  dialogue  can  also  contribute  to  new  or 
existing  labour  protection,  such  as  the  right  to  disconnect  from  work  or  protection  against 
violence  and  harassment  at  work.  The  financial  crisis  and  the  pandemic  have  shown  that 
countries  with  robust  frameworks  for  social  dialogue  and  a  high  coverage  of  collective 
bargaining tend to have more competitive and resilient economies.  

The Treaties recognise the unique role of social partners, also underlined by Principle 8 of the 
European Pillar of Social Rights. The European Pillar of Social Rights Action Plan1 launched 
in March 2021 underlined the need to reinforce social dialogue at national and EU level and 
called  for  strengthened  efforts  to  support  collective  bargaining  coverage  and  prevent  social 
partners’  membership  and  organisational  density  from  decreasing.  The  Porto  Social 
Commitment2 further called on all relevant actors to promote autonomous social dialogue as a 
structuring  component  of  the  European  Social  Model  and  strengthen  it  at  the  European, 
national,  regional,  sectorial  and  company  levels,  with  particular  emphasis  on  ensuring  an 
enabling  framework  for  collective  bargaining  within  the  various  models  that  exist  in  the 
Member  States.  The  Conference  on  the  Future  of  Europe  in  its  final  report  underlines  that 
‘We must promote social dialogue and collective bargaining’ (Proposal 13 on Inclusive labour 
markets).3 

Social  dialogue  arrangements  and  processes  vary  across  Member  States,  reflecting  the 
countries' different histories and economic and political situations. There is a large diversity in 
collective labour relations, in terms of capacity and membership of the organisations, the role 
of  collective  bargaining  in  setting  working  conditions,  as  well  as  the  formal  structures  for 
social partners` involvement in policymaking, and their influence. 

Albeit  with  large  variations  amongst  the  Member  States,  the  share  of  workers  covered  by 
collective agreements has declined significantly over the past 30 years. It decreased from an 
estimated  EU  average  of  about  66%  in  2000  to  about  56%  in  2018  with  particularly  great 
declines  in  Central  and  Eastern  Europe.  While  employer  density  has  remained  relatively 
stable, trade union density has diminished (on average) across all EU Member States.4  

The changing world of work, with a more individualised way of living and working including 
the emergence of new forms of employment, makes it difficult for trade unions to recruit new 
members. Most of the newer forms of employment, including the rising number of solo self-
employed,  suffer  from  a  lack  of  representation.  The  same  applies  to  workers  under  fixed 

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2 

3 
4 

Communication from the Commission ‘The European Pillar of Social Rights Action Plan’, COM(2021) 
102 final  
The  Porto  Social  Commitment  signed  at  the  Porto  Social  Summit  on  7  May  2021  by  the  Portuguese 
Presidency of the Council of the EU, the European Commission, the European Parliament and the EU 
level social partners and the Social Platform, to strengthen the commitment to the implementation of the 
European  Pillar  of  Social  Rights  (https://www.2021portugal.eu/en/porto-social-summit/porto-social-
commitment) 
Available online 
ICTWSS database, Version 6.1, University of Amsterdam  

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terms contracts who are less likely to unionise. The flexibility in terms of time and place of 
work  makes  it  difficult  for  worker  representatives  to  organise  this  rather  fragmented 
workforce. In recent years, social partners’ organisations have taken initiatives to attract new 
members  or  strengthen  the  voice  of  certain  underrepresented  groups  (notably,  youth  and 
platform  workers)  through  targeted  strategies  and  recruitment  efforts  and  creating  specific 
structures  within  the  organisations.  However,  challenges  remain  and  more  could  be  done, 
including in order to take advantage of the opportunities raised by digitalisation. 

The  need  to  involve  of  social  partners  in  the  design  and  implementation  of  policies  and 
reforms  and its  benefits  have been acknowledged and further developed  in  the Employment 
Guidelines.  

According  to  the  2022  Joint  Employment  Report,  analysing  how  social  partners  were 
involved  in  the  design  of  the  national  Recovery  and  Resilience  Plans  and  other  crisis 
measures, more than half of all measures in the domains of active labour market policies and 
income protection enacted since the pandemic outbreak were  either agreed by  or negotiated 
with the social partners.  

There are important  variations between Member States regarding the framework, structures, 
processes and quality of social dialogue, including collective bargaining. Statutory regulations 
remain important as a condition to introduce new topics in collective agreements, especially 
in those countries with a strong regulation of employment relations.5 A majority of Member 
States  have  a  formal  national  social  dialogue  institution  in  place  where  representatives  of 
employers, trade unions and the government can discuss general economic and social matters. 
The  role  and  powers  of  these  bodies  varies  widely,  but  they  usually  have  an  advisory  and 
consultative role on draft legislation and policies, especially in employment-related areas, and 
can provide a forum for the negotiation of agreements. In addition, many countries also have 
tripartite bodies that deal with specific issues, such as social security, employment, training, 
and health and safety. 

Moreover, in  a number  of Member States, social  partners lack  organisational  capacity. This 
hinders their involvement in relevant reforms and policy-making and their ability to conclude 
collective agreements. In turn, this affects the balancing of interests of both sides of industry 
and affects their efforts to find well-adjusted solutions and to negotiate wage.  

Conditions for a well-functioning social dialogue include the existence of strong, independent 
workers' and employers' organisations with the technical  capacity and the access to  relevant 
information  to  participate  in  social  dialogue;  the  political  will  and  commitment  from 
authorities to invest in tripartism and to support social dialogue; respect for the fundamental 
rights  of  freedom  of  association  and  collective  bargaining  and  appropriate  institutional 
support.6 

Europe’s  companies  and  workers  are  currently  facing  major  challenges  stemming  from  the 
impact  of  the  pandemic,  the  transitions  to  a  digital  and  climate-neutral  economy,  and  also 
from the Russian aggression against Ukraine.  

The  present  proposal  for  a  Council  Recommendation  aims  to  support  Member  States  in 
promoting  social  dialogue  and  collective  bargaining  at  national  level,  by  addressing  three 
main elements: consultation of social partners on the design and implementation of economic, 
employment  and  social  policies;  encouraging  social  partners  to  negotiate  and  conclude 

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6 

Eurofound (2022), Moving with the times: Emerging practices and provisions in collective bargaining, 
Publications Office of the European Union, Luxembourg 
For example, ILC Resolution on social dialogue and tripartism of 2018 

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collective agreements, while respecting their autonomy and the right to collective action; and 
fostering support for increased capacity of social partners.  

The Recommendation builds on essential elements of a well-functioning social dialogue in the 
European Union: the contractual freedom and autonomy of the social partners, respect for the 
national  traditions,  rules  and  practices,  as  well  as  social  partners’  autonomy.  The  initiative 
will complement the Directive on adequate minimum wages in the EU. 

• 

Consistency with existing policy provisions in the policy area 

The Commission proposal for a Council Recommendation is part of the 2023 Social Dialogue 
initiative and therefore has a direct link with the 2023 Communication from the Commission 
to the European Parliament, the Council, the European Economic and Social Committee and 
the  Committee  of  the  Regions  on  Strengthening  social  dialogue  in  the  European  Union: 
harnessing its full potential for managing fair transitions.  

The  Recommendation  will  complement  and  be  without  prejudice  to  already  existing 
instruments  at  EU  level.  It  will  support  the  implementation  of  Principle  8  of  the  European 
Pillar of Social Rights as detailed in its Action Plan.  

The  EU  has  several  instruments  at  its  disposal  to  support  national  social  dialogue  or  issue 
related  policy  guidance  such  as  funding  instruments  (e.g.  ESF+),  the  European  Semester  or 
the Quality Framework on Restructuring.  

A comprehensive framework of Directives on the information and consultation of workers7, at 
both  national  and  transnational  levels,  establishes  rules  to  protect  the  rights  of  workers  at 
company level. The EU quality framework for restructuring  also helps companies anticipate 
change and mitigate the employment and social effects of restructuring.8There are also other 
Commission  initiatives  of  relevance  to  national  social  dialogue  such  as  the  Directive  on 
adequate  minimum  wages  in  the  EU9,  the  Proposal  for  a  Directive  on  improving  working 
conditions  in  platform  work.10  and  the  Commission  Communication  on  “Better  Working 
Conditions for a Stronger Social Europe: harnessing the full benefits of digitalisation for the 
future of work”.11 

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Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety 
and  health  of  workers  at  work  (OJ  L  183,  29.6.1989,  p.  1);  Council  Directive  98/59/EC  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  collective  redundancies  (OJ  L  225, 
12.8.1998,  p.  16);  Council  Directive  2001/23/EC  on  the  approximation  of  the  laws  of  the  Member 
States  relating  to  the  safeguarding  of  employees'  rights  in  the  event  of  transfers  of  undertakings, 
businesses  or  parts  of  undertakings  or  businesses  (OJ  L  82,  22.3.2001,  p.  16);  Council  Directive 
2001/86/EC  supplementing  the  Statute  for  a  European  company  with  regard  to  the  involvement  of 
employees (OJ L 294, 10.11.2001, p. 22); Directive 2002/14/EC of the European Parliament and of the 
Council  establishing  a  general  framework  for  informing  and  consulting  employees  in  the  European 
Community  -  Joint  declaration  of  the  European  Parliament,  the  Council  and  the  Commission  on 
employee representation (OJ L 80, 23.3.2002, p. 29); Council Directive 2003/72/EC supplementing the 
Statute  for  a  European  Cooperative  Society  with  regard  to  the  involvement  of  employees  (OJ  L  207, 
18.8.2003, p. 25); Directive 2009/38/EC of the European Parliament and Council 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  (Recast)  (OJ  L  122, 
16.5.2009,  p.  28)  and  Directive  (EU)  2019/1152  of  the  European  Parliament  and  of  the  Council  on 
transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 
COM/2013/0882 final, available online 
Directive 2022/2041 of the European Parliament and of the Council on adequate minimum wages in the 
European Union (OJ L 275, 25.10.2022, p. 33–47)  
COM(2021) 762 final 
COM(2021) 761 final 

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• 

Consistency with other Union policies 

This  Recommendation  links  with  the  Commission  Communication  on  “Guidelines  on  the 
application of EU competition law to collective agreements regarding the working conditions 
of solo self-employed persons”12 which aim at ensuring that the EU competition rules do not 
stand in the way of collective bargaining for those solo self-employed who need it. 

The  recently  adopted  Commission  Communication  on  “Harnessing  talent  in  Europe’s 
regions”13  acknowledges  the  need  of  enhancing  the  involvement  of  social  partners  in  the 
regions  who  face  a  talent  development  trap,  as  it  is  particularly  valuable  in  creating  better 
working conditions, adequate wages, and in tackling skills and labour shortages. 

The  Council,  on  the  proposal  of  the  Commission,  recently  adopted  a  Recommendation  on 
affordable  high-quality  long-term  care14  that  calls  on  Member  States  to  support  quality 
employment  and  fair  working  conditions  in  long-term  care  by  promoting  national  social 
dialogue and collective bargaining in long-term care. 

The promotion of social dialogue and collective bargaining at national level is also important 
in  the  context  of  the  ongoing  enlargement  negotiations  as  candidate  countries  need  to 
strengthen  their  social  dialogue  structures  and  processes  to  meet  the  challenges  in  the 
changing world of work. 

This  initiative  is  also  linked  to  the  EU’s  international  relations  in  the  field  of  social  policy, 
being in line with the international labour standards of the International Labour Organisation 
and  the  European  Social  Charter.  The  value  added  of  the  EU  action  consists  in  building  on 
those  standards  and  making  them  more  operational  as  well  as  more  targeted  to  EU  labour 
markets.  

Directive  2014/24/EU15  on  public  procurement,  Directive  2014/25/EU16  on  procurement  by 
entities  operating  in  the  water,  energy,  transport  and  postal  services  sectors  and  Directive 
2014/23/EU17 on the award of concession contracts are also relevant to this initiative as they 
require Member States to respect the right to organise and collective bargaining following the 
ILO Convention 87 on  Freedom  of Association  and the Protection of the Right  to  Organise 
and ILO Convention 98 on the Right to Organise and Collective Bargaining.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This  proposal  for  a  Council  Recommendation  is  based  on  Article  292  in  conjunction  with 
Article 153 (1) (f) of the Treaty, the latter enabling the Union to support and complement the 
activities  of  the  Member  States  in  the  field  of  representation  and  collective  defence  of  the 
interests  of  workers  and  employers,  including  co-determination.  This  legal  basis  requires 
unanimity voting.  

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14 

15 
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Communication  from  the  commission  Guidelines  on  the  application  of  Union  competition  law  to 
collective agreements regarding the  working conditions of  solo self-employed persons 2022/C 374/02 
(OJ C 374, 30.9.2022, p. 2) 
COM(2023) 32 final 
Council  Recommendation  of  8  December  2022  on  access  to  affordable  high-quality  long-term  care 
2022/C 476/01 (OJ C 476, 15.12.2022, p. 11) 
OJ L 94, 28.3.2014, p. 65 
OJ L 94, 28.3.2014, p. 243 
OJ L 94, 28.3.2014, p. 1 

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In line with  Article 153 (5), the Recommendation must not  and does not include provisions 
related to  the right  of association, the right  to  strike or the right  to  impose lock-outs,  which 
fall outside EU competence.  

• 

Subsidiarity 

Member  States  will  design  and  select  the  measures  and  investments.  The  Union  has  the 
competence to support and complement the actions in the Member States in this field, in line 
with Article 153 (1) (f) TFEU. The Proposal  ensures the added value of action at EU level, 
which resides in supporting Member States by guidance learnt from the wide variety of social 
dialogue  models  across  the  EU  (while  respecting  the  diversity  of  national  systems).  It  will 
uphold  the  political  commitment  set  out  under  Principle  8  of  the  European  Pillar  of  Social 
Rights. 

• 

Proportionality 

The  proposal  supports  and  complements  Member  States’  efforts.  It  respects  the  diversity  of 
social  dialogue  systems  existing  in  the  Union  and  recognises  that  specific  conditions  at 
national,  sector  or  regional  level  could  lead  to  differences  in  how  the  recommendation  is 
implemented.  It  does  not  propose  any  extension  of  EU  regulatory  power  or  binding 
commitments  on  Member  States.  Member  States  will  decide,  according  to  their  national 
circumstances, how they can make best use of the Council recommendation.  

• 

Choice of the instrument 

The instrument is a proposal for a Council recommendation, which abides by the principles of 
subsidiarity and proportionality. It signals the commitment of Member States to the measures 
laid  down  in  this  Recommendation  and  provides  a  strong  political  basis  for  cooperation  at 
Union  level  in  social  dialogue,  while  fully  respecting  the  remit  of  Member  States  and  the 
autonomy of the social partners.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable.  

• 

Stakeholder consultations 

The Commission  organised multiple consultation  activities, aiming to  ensure balance across 
the various concerned parties in the EU. Targeted consultations included exploratory seminars 
and  a  dedicated  hearing  with  social  partners  at  Union  level  (31  May  2022),  dedicated 
meetings at Commissioner level with the leaders of the European cross-industry social partner 
organisations,  discussions  in  the Social  Dialogue  Committee  meetings  (8  February,  14  June 
and  27  September  2022)  and  exchanges  with  Member  State  representatives  in  the 
Employment Committee (19 May 2022). 

The  call  for  evidence  on  the  Social  Dialogue  Initiative,  including  on  the  Draft  Council 
Recommendation, was published on the “Have your say” web page and was open for public 
feedback from 22 September to 20 October 2022. The Commission received 61 contributions, 
more than half of them coming from social partner organisations.  

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The main recurrent topics raised during the above-mentioned consultations were the need to 
create sufficient space for the social partners to  negotiate freely, fostering an atmosphere of 
trust  and  engagement  in  social  dialogue,  better  communicating  the  results  and  benefits  of 
social dialogue, the need to  distinguish  between  recognised social partner organisations  and 
civil society organisations or other type of representation, boosting capacity of social partners, 
better  involving  social  partners  in  policy  making,  ensuring  strong  cooperation  between  the 
national  and  EU  levels  as  well  more  institutional  support  for  social  dialogue.  The  current 
proposal addresses all these views. 

The  Commission  held  exchanges  of  views  with  the  European  Parliament  (as  part  of  the 
structured dialogue with the EMPL Committee on 14 June 2022), the European Economic and 
Social  Committee  (EESC,  17 June  2022)  and  the  Committee  of  the  Regions  (CoR,  21 June 
2022). 

• 

Collection and use of expertise 

While  the  proposal  builds  on  various  already  existing  sources  of  research  (e.g.  Eurofound, 
ILO, OECD reports) and exchanges of information during specific events, no external experts 
were used for this proposal.  

• 

Impact assessment 

This type of act does not require an impact assessment.  

• 

Regulatory fitness and simplification 

This proposal is not linked to REFIT.  

• 

Fundamental rights 

This recommendation respects the fundamental rights and observes the principles recognised 
by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In  particular,  this 
recommendation respects the right of association (Article 12 of the Charter) and contributes to 
the upholding the right of collective bargaining and action (Article 28 of the Charter). 

4. 

BUDGETARY IMPLICATIONS 

This proposal has no financial implications for the Union budget and can be undertaken with 
the already existing human resources.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Paragraph (13) proposes that the Commission develops indicators within 12 months from the 
publication  of  the  Recommendation,  to  monitor  its  implementation  jointly  with  the 
Employment Committee and with relevant social partners as well as to improve the scope and 
relevance  of  data  collection  at  Union  and  national  level  on  social  dialogue,  including  on 
collective bargaining.  

According  to  Paragraph  (14)  the  Commission  will  monitor  regularly  the  implementation  of 
this  Recommendation  at  national  and  EU  level,  jointly  with  Member  States  and  relevant 
social partners, through regular tripartite meetings or at least once a year, in the context of the 
multilateral  surveillance  tools  under  the  guidance  of  the  Employment  Committee,  including 
within the European Semester and in the context of the European Social Dialogue Committee.  

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Finally, the Commission will evaluate the Recommendation, in cooperation with the Member 
States,  social  partners,  and  after  consulting  other  relevant  stakeholders,  the  actions  taken  in 
response  to  this  Recommendation,  and  report  to  the  Council  by  four  years  from  the 
publication  of  the  Recommendation.  On  the  basis  of  the  results  of  the  evaluation,  the 
Commission may consider making further proposals. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

The  recommendations  addressed  to  the  Member  States  are  meant  to  be  implemented  in 
accordance  to  national  law  and/or  practice,  after  consultation  and  in  close  cooperation  with 
social partners, while respecting their autonomy.  

Paragraph  (1)  sets  out  the  main  areas  of  action.  It  underlines  that  social  dialogue  has  two 
sides,  bipartite  and  tripartite,  which  both  require  an  enabling  environment.  Collective 
bargaining  is  part  of  bipartite  social  dialogue  and  can  take  place  in  the  public  and  private 
sectors, at all levels including cross-industry, sectoral, company, or regional level.  

The  enabling  environment  for  bipartite  and  tripartite  social  dialogue  should  respect  the 
fundamental  rights  of  freedom  of  association  and  collective  bargaining,  promote  strong, 
independent trade unions and employers' organisations, include measures to strengthen their 
capacity, ensure the access to relevant information, promote engagement in social dialogue on 
the part of all the parties, build upon the digital revolution be fit for the new world of work 
and ensure appropriate institutional support.  

Paragraph (2) focuses on the tripartite dimension of social dialogue and the timely, systemic 
and  meaningful  involvement  of  social  partners  in  the  design  and  implementation  of 
employment and social policies and, where relevant, economic and other public policies. 

Paragraph  (3)  refers  to  access  to  relevant  information  for  the  social  partners  on  the  overall 
economic  and  social  situation  of  the  country  and  the  relevant  situation  and  policies  for  the 
respective sectors of activity to participate in social dialogue and in collective bargaining. 

Paragraph (4) and its sub points addresses the issue of recognition and representativeness. It 
recommends  to  the  Member  States  to  make  sure  that  relevant  procedures  are  open  and 
transparent,  based on pre-established and objective criteria  with  regard to  the organisations’ 
representative character  and that such criteria and procedures  are  established in consultation 
with trade unions and employers’ organisations. It also reminds that where both trade union 
representatives  and  elected  representatives  are  present  in  the  same  undertaking,  appropriate 
measures should be taken to ensure that the existence of elected representatives is not used to 
undermine the position of the trade unions concerned or their representatives. Finally, it refers 
to the demarcation between social partner organisations and civil society organisations.  

Paragraph  (5)  focuses  on  protection  of  social  partners  against  any  harmful  of  unlawful 
measure related to the exercising their right(s) to collective bargaining.  

Paragraph (6) puts forward the need to foster trust in and among social partners and promote 
the conclusion of collective agreements.  It  calls  for alternative dispute resolution  to  support 
enforcement  of  rights  and  obligations  stemming  from  law  or  collective  agreements,  such  as 

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conciliation,  mediation  and  arbitration,  all  with  the  aim  to  facilitate  negotiations  and 
improving the application of collective bargaining agreements. 

Paragraph (7) approaches the level of collective bargaining, as the latter needs to be possible 
at all existing levels as well encourage the coordination among these levels. 

Paragraph  (8)  includes  several  ways  to  promote  collective  bargaining  coverage  and  enable 
effective collective bargaining.  

Paragraph  (9)  refers  to  communication  activities  to  actively  promote  the  benefits  and  the 
added value of social dialogue and collective bargaining. 

Paragraph (10) contains several ways to boost capacity of national social partners in order to 
support them to participate successfully in social dialogue, including in collective bargaining 
and in the implementation EU level Autonomous Social Partner Agreements.  

Paragraphs  (11)  and  (12)  refer,  respectively,  to  the  implementation  of  the  Recommendation 
and reporting to the Commission and, to the possibility to entrust the social partners with the 
implementation of the relevant parts of this Recommendation, where applicable in accordance 
with national law or practice.  

The last three paragraphs  refer to measures that  the Commission  intends  to  take in  order to 
support  the  Member  States  in  the  implementation  of  the  Recommendation,  as  well  as  its 
monitoring.

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2023/0012 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

on strengthening social dialogue in the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  and  in 
particular Article 292, in conjunction with Article 153 (1), point (f) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

The  Council,  in  its  Conclusions  of  24  October  2019,  on  ‘The  future  of  work:  the 
Union  promoting  the  ILO  Centenary  Declaration’  encourages  Member  States  to 
continue  their  efforts  to  ratify  and  effectively  implement  ILO  Conventions.  The 
Council  also  calls  upon  the  Member  States  and  the  Commission  to  enhance  social 
dialogue at all levels and in all its forms, including cross-border cooperation, in order 
to  ensure  active  participation  of  social  partners  in  shaping  the  future  of  work  and 
building  social  justice,  including  through  the  effective  recognition  of  the  right  to 
collective bargaining and through a reflection on adequate minimum wages, whether 
statutory or negotiated. 

In the 2016 Joint Statement on the New Start for Social Dialogue signed on 27 June 
2016  by  the  Commission,  the  Netherlands  Presidency  of  the  Council  and  European 
social partners, cross-industry and sectoral social partners at Union level committed to 
continue  efforts  and  assess  the  need  for  further  actions  in  their  respective  social 
dialogues to reach out to affiliates not yet covered in Member States and to improving 
the  membership  and  representativeness  of  both  trade  unions  and  employers’ 
organisations.  

Principle 8 of the European Pillar Social Rights states that the social partners are to be 
consulted  on  the  design  and  implementation  of  economic,  employment  and  social 
policies  according  to  national  practices.  They  are  also  to  be  encouraged  to  negotiate 
and conclude collective agreements in matters relevant to them, while respecting their 
autonomy  and  the  right  to  collective  action.  Support  to  increase  the  capacity  of  the 
social partners to promote social dialogue should also be encouraged. The Porto Social 
Commitment18  further  called  on  all  relevant  actors  to  promote  autonomous  social 
dialogue as a structuring component of the European social model and strengthen it at 
the  European,  national,  regional,  sectorial  and  company  levels,  with  particular 
emphasis  on  ensuring  an  enabling  framework  for  collective  bargaining  within  the 
various models in Member States. 

18 

The  Porto  Social  Commitment  signed  at  the  Porto  Social  Summit  on  7  May  2021  by  the  Portuguese 
Presidency  of  the  Council  of  the  EU,  the  European  Commission,  the  European  Parliament  and  the 
Union  level  social  partners  and  the  Social  Platform,  to  strengthen  the  commitment  to  the 
implementation  of  the  European  Pillar  of  Social  Rights  (https://www.2021portugal.eu/en/porto-social-
summit/porto-social-commitment) 

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(4) 

(5) 

(6) 

(7) 

19 

20 

21 
22 

In  its  Resolution  on  a  European  Pillar  of  Social  Rights  of  19  January  2017,  the 
European Parliament stresses the importance of the right of collective bargaining and 
action as a fundamental right enshrined in the Union primary law. The Parliament also 
expects the Commission to step up concrete support for strengthening and respecting 
social dialogue at all levels and sectors, in particular where it is not sufficiently well 
developed, while taking  into account  different  national  practices.  In its  resolution  on 
employment  and  social  policies  of  the  euro  area  of  10  October  2019,  the  European 
Parliament  states  that  social  dialogue  and  collective  bargaining  are  key  to  designing 
and  implementing  policies  that  can  improve  working  conditions,  and  terms  of 
employment  and  calls  for  a  coordinated  Union  initiative  to  extend  collective 
agreement  coverage  to  platform  workers.  The  European  Parliament  also  calls  on 
Member States, where necessary, to strengthen opportunities for collective bargaining. 
Guideline  7  of  Council  Decision  (EU)  2022/229619  calls  upon  Member  States  to, 
among  other  things,  work  together  with  the  social  partners  on  fair,  transparent  and 
predictable  working  conditions,  balancing  rights  and  obligations  and  to  ensure  the 
timely  and  meaningful  involvement  of  the  social  partners  in  the  design  and 
implementation  of  employment,  social  and,  where  relevant,  economic  reforms  and 
policies,  including  by  supporting  increased  capacity  of  the  social  partners.  The 
Guideline  also  calls  on  Member  States  to  foster  social  dialogue  and  collective 
bargaining  and  to  encourage  the  social  partners  to  negotiate  and  conclude  collective 
agreements in matters relevant to them, fully respecting their autonomy and the right 
to  collective action. The  annual  growth  survey for 201920 recalls that in  a context of 
declining collective bargaining coverage, policies enhancing the institutional capacity 
of social partners could be beneficial in countries where social dialogue is weak or has 
been  negatively  affected  by  the  crisis.  The  2022  annual  sustainable  growth  survey21 
states  that  the  systematic  involvement  of  social  partners  and  other  relevant 
stakeholders  is  key  for  the  success  of  the  economic  and  employment  policy 
coordination  and  implementation.  While  in  some  Member  States,  the  social  partners 
hold a significant role and are suitably involved in policy making and implementation, 
several  country-specific  recommendations  have  been  issued  in  the  context  of  the 
European  Semester  to  other  Member  States  in  relation  to  the  improvement  of  social 
dialogue  and  on  involving  of  social  partners  in  the  design  and/or  implementation  of 
reforms.  
The Commission announced, in its European Pillar of Social Rights Action Plan,22 an 
initiative to support social dialogue at Union and national level. That Action Plan also 
underlined that social dialogue at national and Union level needs to be reinforced and 
called  for  strengthened  efforts  to  support  collective  bargaining  coverage  and  prevent 
social partners’ membership and organisational density from decreasing.  

Social dialogue, including collective bargaining, is a crucial and beneficial tool for a 
well-functioning  social  market  economy,  driving  economic  and  social  resilience, 
competitiveness,  stability  and  sustainable  and  inclusive  growth  and  development. 
Social dialogue also plays an important role in shaping the future of work, taking into 

Council Decision (EU) 2022/2296 of 21 November 2022 on guidelines for the employment policies of 
the Member States (OJ L 304, 24.11.2022, p. 67) 
Communication from the Commission Annual Growth Survey 2019: For a stronger Europe in the face 
of global uncertainty, COM/2018/770 final 
Communication from the Commission Annual Sustainable Growth Survey 2022, COM/2021/740 final 
Communication  from 
COM/2021/102 final 

the  Commission  The  European  Pillar  of  Social  Rights  Action  Plan, 

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(8) 

(9) 

account  particular  trends  in  globalisation,  technology,  demography  and  climate 
change.  Member  States  with  robust  frameworks  for  social  dialogue  and  a  wide 
coverage  of  collective  bargaining  tend  to  have  more  competitive  and  resilient 
economies.  

Experience  shows  that  social  dialogue  contributes  to  effective  crisis  management. 
Economies  were  more  resilient  in  the  aftermath  of  the  2008  crisis  whenever  social 
partners  were  able  to  manage  and  adapt  collective  bargaining  structures  early  in 
advance.  The  recent  COVID-19  crisis  has  shown  that  social  dialogue  is  an  essential 
tool for balanced crisis management and for finding effective mitigation and recovery 
policies.  Beyond  the  humanitarian  crisis,  the  unprovoked  and  unjustified  military 
aggression  of  the  Russian  Federation  against  Ukraine  has  led  to  unprecedented  food 
and energy price increases. The social partners play an important role in responding to 
some of these challenges, particularly with regard to integrating the people fleeing the 
war in Ukraine as well as other conflicts into the Union’s labour market and to finding 
sustainable solutions to adjusting wages and collective agreements.  

Ongoing technological shifts, increasing automation and the green transition to climate 
neutrality  are  moving  rapidly  throughout  the  economy,  with  varying  impacts  across 
sectors, occupations, regions and countries. Social partners have a vital role to play in 
helping  to  anticipate,  change  and  address,  through  dialogue,  negotiation  and  joint 
action where  relevant,  the employment and social  consequences of the challenges of 
economic  restructuring  and  the  ongoing  twin  transitions.  In  the  context  of  the 
European  Green  Deal  and  the  RePowerEU  Plan,  the  Council  Recommendation  on 
ensuring a fair transition towards climate neutrality23 invites Member States to adopt 
and  implement,  in  close  cooperation  with  social  partners  as  relevant,  comprehensive 
and  coherent  policy  packages,  to  pursue  a  whole-of-society  approach  and  to  make 
optimal use of public and private funding. 

(10)  Social  dialogue  arrangements  and  processes  vary  between  Member  States,  reflecting 
the countries' different histories, institutions, and economic and political situations. An 
effective  social  dialogue  implies,  among  other  things,  the  existence  of  industrial 
relations  models  in  which  the  social  partners  can  negotiate  in  good  faith  and 
autonomously  exercise  their  practices  of  collective  bargaining  and  employee 
participation.  Among  the  enabling  conditions  for  a  well-functioning  social  dialogue 
are: (i) the existence of strong, independent trade unions and employers' organizations 
technical  capacity;  (ii)  the  access  to  relevant  information  to  participate  in  social 
dialogue; (iii) commitment to engage in social dialogue on the part of all the parties; 
(iv)  respect  for  the  fundamental  rights  of  freedom  of  association  and  collective 
bargaining; and (v) appropriate institutional support.  

(11)  Social  dialogue  encompasses  both 

tripartite  and  bipartite  consultations  and 
negotiations  which  take  place  at  all  levels,  such  as  cross-sectoral,  sectoral,  group  of 
companies,  company,  national,  regional  or  local.  National  tripartite  social  dialogue 
brings  together  government,  workers  and  employers  to  discuss  public  policies,  laws 
and other decisions that affect the social partners. Tripartite consultations can ensure 
greater  cooperation  between  the  tripartite  partners  and  build  consensus  on  relevant 
national  policies. Tripartite concertation needs to  build upon a strong bipartite social 
dialogue.  In  order  to  improve  tripartite  processes,  governments  should  also  increase 

23 

Council  Recommendation  of  16  June  2022  on  ensuring  a  fair  transition  towards  climate  neutrality, 
2022/C 243/04 (OJ C 243, 27.6.2022, p. 35) 

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the transparency of policy making, such as those concerning the quality and the labour 
market relevance of training opportunities.  

(12)  Bipartite negotiations, in particular collective bargaining, take place between workers’ 
and  employers’  organisations  as  defined  by  national  law  or  practice.  A  workers' 
organisation  is  generally  a  trade  union,  formed  by  the  association  of  workers  or  of 
other trade unions (or both) constituted for the purpose of furthering and defending the 
interests of workers, in  accordance with  national  law and/or practice. An employers’ 
organisation  is  an  organisation  whose  membership  consists  of  individual  employers, 
other associations of employers or both, constituted for the purpose of furthering and 
defending  the  interests  of  its  members,  in  accordance  with  national  law  and/or 
practice.  

(13) 

In line with the Workers’ Representatives Convention 135 of the International Labour 
Organisation, currently ratified by 24 Member States, workers’ representatives can be 
persons who are: (i) recognised as such under national  law or practice,  whether they 
are trade union representatives, namely, representatives designated or elected by trade 
unions  or  by  members  of  such  unions;  or  (ii)  elected  representatives,  namely, 
representatives who are freely elected by the workers of the undertaking in accordance 
with provisions of national laws or regulations or of collective agreements and whose 
functions do not include activities which are recognised as the exclusive prerogative of 
trade unions in the country concerned. Where there exist in the same undertaking both 
trade  union  representatives  and  elected  representatives,  such  representation  should 
however  not  to  be  used  to  undermine  the  position  of  the  trade  unions  concerned  or 
their representatives. Both mutual recognition of the social partners  and the statutory 
recognition  of  trade  unions  and  employers’  organisations  by  the  authorities  of  each 
Member  State  are  key  to  a  successful  collective  bargaining  framework,  provided 
employers and workers are able to choose freely which organisation(s) will represent 
them.  In  some  Member  States  this  recognition  is  limited  to  organisations  that  fulfil 
specific representativeness criteria. Such criteria should be established in consultation 
with  the  social  partners  and  should  be  objective  and  proportionate.  They  should  be 
assessed  in  an  approval  process  that  is  open  and  transparent,  and  which  does  not 
hamper the full development of collective bargaining. In the absence of trade unions at 
company  level,  collective  agreements  can  be  negotiated  and  concluded  by  the 
representatives of the workers who have been duly elected and authorised by them in 
accordance with national law or practice. 

(14)  Collective  bargaining  covers  issues  related  to  working  conditions  and  terms  of 
employment such as wages, hours of work, annual bonus, annual leave, parental leave, 
training  and  occupational  safety  and  health.  It  is  therefore  particularly  relevant  in 
preventing  labour  conflicts,  improving  wages  and  working  conditions  and  reducing 
wage inequality. Collective bargaining is a crucial tool to help workers and companies 
to  adapt  to  the  changing  world  of  work  and  shape  the  design  and  definition  of  new 
labour  protection  elements,  such  as  the  right  to  disconnect  from  work,  or  improving 
existing ones, such as protection against violence and harassment at work, training of 
older  workers,  improving  work-life  balance  and  addressing  challenges  of  mental 
health. It also plays a key role in addressing the impacts of unexpected crises, such as 
the COVID-19 pandemic.  

(15)  The functioning of a collective bargaining system is determined by a combination of 
different features, such as the use of erga omnes clauses and extensions of collective 
agreements, their average length, the use of the favourability principle, the hierarchy 
of norms and the use of derogations from collective agreements concluded at a higher 

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collective bargaining level as well as the density rates of trade unions and employers’ 
organisations.  There  is  a  broad  diversity  of  approaches  given  to  erga  omnes  clauses 
and administrative extensions in the Member States, in line with their law or practice 
or  both.  A  well-functioning  collective  bargaining  system  includes  procedures  for 
cooperation, information sharing and resolution of disputes between the parties. 

(16)  Collective  bargaining  can  take  place  at  different  levels.  Bargaining  may  either  be 
highly  decentralised  (taking  place  mostly  at  company  level),  highly  centralised  (at 
national level) or take place at an intermediate level, at the level of sectors or regions. 
Collective  bargaining  is  increasingly  taking  place  at  more  than  one  level.  In  some 
cases, sectoral or company-level agreements follow the guidelines set by higher-level 
organisations;  in  other  cases,  some  sectors  or  companies  follow  the  standards  set  in 
another  sector.  Coordination  between  bargaining  levels  is  therefore  a  key  pillar  of 
collective  bargaining  systems.  The  favourability  principle  and  derogations  from 
collective agreements concluded at a higher collective bargaining level set the general 
framework that  regulates the relationship  between different  bargaining levels.  In this 
context,  the  possibility  for  derogations  can  be  set  out  in  higher-level  collective 
agreements or in the law, as well as the conditions for applying them at a lower level. 
Derogation clauses may permit the suspension or renegotiation of (part of) a collective 
agreement,  in  order  to  set  alternative  levels  or  conditions  to  those  prescribed  by  the 
agreement, where justified and agreed by the social partners. 

(17) 

In most Member States, collective bargaining rates tend to be higher for employees on 
permanent contracts and for those working in larger companies or in specific sectors, 
such as the public sector. Generally, workers in small companies are less likely to be 
covered, as these companies often do not  have the capacity to negotiate  a company-
level agreement, or because a union or another form of worker representation is absent 
in  the  workplace.  Organising  workers  is  particularly  difficult  in  non-standard 
employment situations and most of the newer forms of employment suffer from a lack 
of  representation.  The  considerable  lack  of  representation  of  these  types  of  workers 
can be attributed, on the one hand, to  the cost  of their being represented and, on the 
other, to flexibility in terms of time and place of work, making it difficult for worker 
representatives to organise this rather fragmented workforce. Increased capacity of the 
social partners would help them to further improve their contribution to policy making 
and have a more effective social dialogue and collective bargaining. Capacity-building 
activities typically help  social partners to  improve  the size of  their membership base 
(including through the use of technology, the provision of new services and activities 
at  school  or  university  level  etc.)  and  their  human  and  administrative  capacities,  to 
promote  their  process-oriented  capacities  and  to  support  their  organisational 
development.  Such  activities  include  the  provision  of  specialised  training,  technical 
and  logistical  support  and  funding.  Capacity  building  is  first  of  all  a  bottom-up 
process,  dependent  on  the  will  and  efforts  of  the  social  partners  themselves  who  are 
best placed to identify their needs and indicate the measures they are already taking to 
strengthen their capacities. These efforts can then be complemented and/or supported 
by public authorities, and also by making use of Union funding, while respecting the 
social partners' autonomy. 

(18)  Some  Member  States  have  taken  measures  to  support  social  dialogue  and  collective 
bargaining by: (i) broadening the opportunities for social dialogue; (ii) promoting the 
autonomy  of  social  partners  and  the  respect  for  their  contractual  freedom;  (iii) 
encouraging  joint  opinions,  programmes  and  projects;  (iv)  regular  sharing  of 
information; (v) promoting negotiation training; (vi) providing for alternative dispute 

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(19) 

resolution  mechanisms  such  as  conciliation,  mediation  and  arbitration;  (vii) 
strengthening the protection of workers against retaliation or discrimination as a result 
of their involvement in collective bargaining. 

In many Member States, social dialogue is  however under pressure. While employer 
density remains relatively stable, even if on a declining trend in several EU countries, 
trade  union  density  has  been  declining  on  average  across  all  Member  States. 
Moreover,  the  share  of  workers  covered  by  collective  agreements  (the  collective 
bargaining coverage) is low in most Member States and, despite several strategies by 
trade union organisations to extend their reach to non-standard forms of employment, 
it  has  significantly  declined  over  the  past  30  years.  In  some  cases,  the  existing  rules 
might present gaps with a potentially detrimental effect on social dialogue. These can 
include:  (i)  strict  representativeness  conditions;  (ii)  interference  in  the  bargaining 
process or undue limitations on the subjects of collective bargaining, (iii) an improper 
delineation of economic sectors that precludes the formation of sector level collective 
bargaining  structures;  (iv)  lack  of  enforcement  of  collective  agreements;  (v) 
ineffective  protection  against  anti-union  discrimination;  (vi)  ineffective  consultation 
procedures;  (vii)  lack  of  constructiveness  in  negotiations;  (viii)  lack  of  capacity  to 
bargain or to fully participate in consultation procedures.  

(20)  The representativeness and the capacity of the national social partners also needs to be 
strengthened  with  a  view  to  the  implementation  at  national  level  of  Union  level 
autonomous  social partner agreements.  Particular attention should therefore be  given 
to  ensuring  an  enabling  framework  for  social  dialogue,  including  collective 
bargaining,  and  that  national  social  partners  have  sufficient  capacity  to  effectively 
contribute  to  the  work  of  the  Union-level  social  dialogue  and  to  implementing  at 
national level the framework agreements signed by social partners at Union level. 
(21)  Directive  2014/24/EU24  on  public  procurement,  Directive  2014/25/EU25  on 
procurement  by  entities  operating  in  the  water,  energy,  transport  and  postal  services 
sectors  and  Directive  2014/23/EU26  on  the  award  of  concession  contracts  require 
Member States to respect the right to organise and collective bargaining following the 
ILO  Convention  87  on  Freedom  of  Association  and  the  Protection  of  the  Right  to 
Organise and ILO Convention 98 on the Right to Organise and Collective Bargaining.  

(22)  Collective  bargaining  should  be  available  to  all  workers  who  are  in  comparable 
situations,  including  the  self-employed.  The  Court  of  Justice  of  the  European  Union 
has  ruled  that  a  collective  agreement,  which  covers  self-employed  service  providers, 
can  be  regarded  as  the  result  of  dialogue  between  management  and  labour  if  the 
service  providers  are  in  a  situation  comparable  to  that  of  workers.27  And  it  has 
confirmed  that  ‘in  today’s  economy  it  is  not  always  easy  to  establish  the  status  of 
some self-employed contractors as undertakings’.28 

24 
25 
26 
27 

28 

OJ L 94, 28.3.2014, p. 65 
OJ L 94, 28.3.2014, p. 243 
OJ L 94, 28.3.2014, p. 1 
Judgment of 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, 
EU:C:2014:2411, paragraphs 31 and 42 
Judgment of 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, 
EU:C:2014:2411, paragraph 32 

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(23)  The  guidelines on the application of Union competition law to collective agreements 
regarding  the  working  conditions  of  solo  self-employed  persons29  aim  at  clarifying 
when  self-employed  people  can  negotiate  collectively  better  working  conditions 
without breaching Union competition rules.  

(24)  The  Proposal  for  a  Directive  on  improving  working  conditions  in  platform  work30 
includes provisions that aim to promote social dialogue in algorithmic management by 
introducing  collective  rights  regarding  information  and  consultation  on  substantial 
changes related to use of automated monitoring and decision-making systems.  
(25)  Regulation  (EU)  2021/1057  of  the  European  Parliament  and  of  the  Council31 
maintains  the  obligation of  Member  States  to  ensure  adequate  participation  of  social 
partners  in  the  delivery  of  policies  supported  by  the  European  Social  Fund  Plus 
(ESF+)  and  strengthens  the  obligation  to  support  the  capacity  building  of  social 
partners.  To  this  purpose,  an  appropriate  amount  of  ESF+  resources  should  be 
allocated  by  Member  States  for  the  capacity  building  of  social  partners  and  civil 
society.  Member  States 
that  have  a  European  Semester  country-specific 
recommendation  in  this  area  should  allocate  at  least  0.25%  of  their  ESF+  resources 
under shared management to this aim. 

(26)  This Recommendation will support the implementation of Principle 8 of the European 
Pillar of Social Rights. It encourages measures that are adapted to national traditions, 
rules  and  practices,  thus  respecting  national  specificities  as  well  as  the  autonomy  of 
the  social  partners.  This  Recommendation  complements  and  is  without  prejudice  to 
already existing instruments at Union level.  

(27)  This  Recommendation  should  under  no  circumstances  be  referred  to  as  justification 
for  reducing  the  level  of  support  already  afforded  to  social  dialogue,  including 
collective bargaining, within Member States. It also does not preclude Member States 
from  putting  in  place  stronger  support  measures  and  more  advanced  provisions  for 
social  dialogue,  including  collective  bargaining,  which  differ  from  those  included  in 
this Recommendation.  

(28)  This Recommendation is without prejudice to the competences of the Member States 
regarding the right of association, the right to strike and the right to impose lock-outs, 
in line with the provisions of Article 153 (5) TFEU as well as to the autonomy of the 
social partners.  

FOR  THE  PURPOSES  OF  THIS  RECOMMENDATION,  THE  FOLLOWING 
DEFINITIONS APPLY: 

(1) 

29 

30 
31 

‘Social  dialogue’  means  all  types  of  negotiation,  consultation  or  exchange  of 
information  between,  or  among,  representatives  of  governments,  employers  and 
workers,  on  issues  of  common  interest  relating  to  economic  and  social  policy,  that 
exist  as  bipartite  relations  between  labour  and  management,  including  collective 
bargaining, or as a tripartite process, with the government as an official party to the 

Communication  from  the  commission  Guidelines  on  the  application  of  Union  competition  law  to 
collective agreements regarding the  working conditions of  solo self-employed persons 2022/C 374/02 
(OJ C 374, 30.9.2022, p. 2) 
Proposal for a Directive on improving working conditions in platform work, COM(2021) 762 final 
Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing 
the  European  Social  Fund  Plus  (ESF+)  and  repealing  Regulation  (EU)  No  1296/2013  (OJ  L  231, 
30.6.2021, p. 21) 

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(2) 

(3) 

(4) 

(5) 

dialogue and can be informal or institutionalised or a combination of the two, taking 
place  at  the  national,  regional  or  at  enterprise  level  cross-industry,  sectoral  or  a 
combination of these.  

‘Collective bargaining’ means all negotiations which take place according to national 
laws and practices in each Member State between an employer, a group of employers 
or  one  or  more  employer  organisations,  on  the  one  hand,  and  one  or  more  trade 
unions, on the other, for determining working conditions and terms of employment. 

‘Collective agreement’ means a written agreement  regarding provisions on working 
conditions  and  terms  of  employment  concluded  by  the  social  partners  having  the 
capacity  to  bargain  on  behalf  of  workers  and  employers  respectively,  according  to 
national law and practices, including those that are made universally applicable.  

‘Derogations’ from higher-level agreements mean opening or derogation clauses that 
make it possible to set setting alternative standards or conditions to those contained 
in the agreement, where justified and agreed by social partners. 

‘Capacity  building’  means  enhancement  of  the  skills,  abilities  and  powers  of  the 
social  partners  to  engage  effectively  and  at  different  levels  in  social  dialogue, 
including collective bargaining, (co)regulating the employment relationship, bipartite 
and tripartite consultations and public policy making.  

HEREBY  RECOMMENDS  THAT  MEMBER  STATES, 
IN  ACCORDANCE  TO 
NATIONAL  LAW  AND/OR  PRACTICE,  AFTER  CONSULTATION  AND  IN  CLOSE 
COOPERATION  WITH  SOCIAL  PARTNERS,  WHILE  RESPECTING  THEIR 
AUTONOMY: 

(1) 

ensure an enabling environment for bipartite and tripartite social dialogue, including 
collective bargaining, in the public and private sectors, at all levels, including cross-
industry, sectoral, company, or regional level that: 

(a) 

respects  the  fundamental  rights  of  freedom  of  association  and  collective 
bargaining; 

(b)  promotes strong, independent trade unions and employers' organisations;  

(c) 

(d) 

(e) 

(f) 

includes measures to strengthen their capacity; 

ensures  access  to  the  relevant  information  needed  in  order  to  participate  in 
social dialogue; 

promotes engagement in social dialogue on the part of all the parties; 

adapts  to  the  digital  age,  promotes  collective  bargaining  in  the  new  world  of 
work and a fair and just transition towards climate neutrality; 

(g) 

ensures appropriate institutional support. 

as further detailed in the present Recommendation.  

(2) 

(3) 

ensure that social  partners are systematically, meaningfully  and in  a timely  manner 
involved  in  the  design  and  implementation  of  employment  and  social  policies  and, 
where  relevant,  economic  and  other  public  policies,  including  in  the  context  of  the 
European Semester. 

ensure  that  social  partners  have  access  to  relevant  information  on  the  overall 
economic and social situation of their Member State and on the relevant situation and 

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policies for the respective sectors of activity needed in order to participate in social 
dialogue and in collective bargaining. 

(4) 

ensure that representative employers’  organisations and trade unions are recognised 
for the purposes of social dialogue and collective bargaining, including by: 

(a) 

ensuring that, where the competent authorities apply procedures for recognition 
and  representativeness  with  a  view  to  determining  the  organisations  to  be 
granted  the  right  to  bargain  collectively,  this  determination  is  open  and 
transparent,  based  on  pre-established  and  objective  criteria  with  regard  to  the 
organisations’ representative character and that such criteria and procedures are 
established in consultation with trade unions and employers’ organisations; 

(b)  where, both trade union representatives and elected representatives are present 
in  the  same  undertaking,  taking  appropriate  measures  whenever  necessary  to 
ensure that the existence of elected representatives is not used to undermine the 
position of the trade unions concerned or their representatives; 

(c) 

ensuring that the specific role of social partner organisations is fully recognised 
and  respected  in  social  dialogue  structures  and  processes,  while  recognising 
that  civil  dialogue,  involving  a  broader  set  of  stakeholders,  is  a  separate 
process. 

ensure  that  workers  and  workers’  representatives,  including  those  who  are  trade 
union  members  or  representatives,  are,  when  exercising  their  right(s)  to  collective 
bargaining, protected against any measure that may be harmful to them or may have 
a negative impact on their employment. They should also ensure that employers are 
protected against any unlawful measures, when exercising their right(s) to collective 
bargaining.  

foster trust in and between social partners and promote the conclusion of collective 
agreements.  In  case  of  dissents  and,  without  affecting  the  right  to  access  adequate 
administrative  and  judicial  procedures  to  enforce  rights  and  obligations  stemming 
from law or collective agreements, and taking into account any procedures set by the 
social  partners,  they  should  encourage  and  promote  mechanisms  to  resolve  them, 
including: 

(a) 

the  use  of  conciliation,  mediation  and  arbitration,  with  the  agreement  of  both 
parties,  with  a view to  facilitating negotiations and improving the  application 
of collective bargaining and of collective agreements; 

(b)  where not already in place, the establishment of mediators who can act in case 

of conflict between trade unions and employers’ organisations.  

ensure  that  collective  bargaining  is  possible  at  all  appropriate  levels,  including 
company,  sector,  regional  or  national  levels,  and  encourage  coordination  between 
these levels. 

promote  a  higher  coverage  of  collective  bargaining  and  enable  effective  collective 
bargaining, including by:  

(a) 

(b) 

removing  institutional  or  legal  barriers  to  social  dialogue  and  collective 
bargaining covering new forms of work or atypical employment;  

ensuring that the negotiating parties have the freedom to decide on the issues to 
be negotiated; 

(5) 

(6) 

(7) 

(8) 

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(c) 

ensuring that any possibility to derogate from collective bargaining agreements 
is agreed between the social partners and limited with regard to the conditions 
under  which  it  can  apply,  ensuring  at  the  same  time  flexibility  to  adapt  to 
evolving labour market and economic conditions, sufficient stability to enable 
planning  for  both  employers  and  workers,  and  the  protection  of  workers’ 
rights. In Member States where collective bargaining is based on a legislative 
framework,  such  derogations  should  be  established  in  consultation  with  trade 
unions and employers’ organisations; 

(d) 

ensuring and implementing a system of enforcement of collective agreements, 
including, where appropriate, inspections and sanctions. Rules and practices of 
enforcement can also be agreed by collective agreement, according to national 
law or practice.  

(9) 

(10) 

actively promote the benefits  and the  added value of social  dialogue and collective 
bargaining,  in  particular  by  targeted  communication  and  means.  They  should 
encourage  social  partners  to  make  the  text  of  collective  agreements  widely 
accessible, including by digital means and public repositories.  

support  national  social  partners  to  participate  successfully  in  social  dialogue, 
including  in  collective  bargaining  and  in  the  implementation  of  Union  level 
autonomous social partner agreements, including by:  

(a) 

promoting  the  building  and  strengthening  of  their  capacity  at  all  levels, 
depending on their needs; 

(b)  using different forms of support, including logistical support, training and the 

provision of legal and technical expertise;  

(c) 

(d) 

(e) 

encouraging joint projects between social partners in various fields of interest, 
such as the provision of training; 

encouraging and, where appropriate, supporting social partners to put forward 
initiatives  and  develop  new  and  innovative  approaches  and  strategies  to 
increase their representativeness and membership; 

supporting social partners to adapt their activities to the digital age as well as to 
explore  new  activities  fit  for  the  future  of  work,  the  green  and  demographic 
transitions and new labour market conditions;  

(f) 

promoting  gender  equality  and  equal  opportunities  for  all  in  terms  of 
representation and thematic priorities; 

(g)  promoting  and  facilitating  their  collaboration  with  the  Union  level  social 
partners,  particularly  with  a  view  to  enabling  them  to  implement  at  national 
level the agreements concluded by social partners at Union level;  

(h)  providing  appropriate  support  to  implement  in  the  Member  States  social 

partners agreements concluded at Union level; 

(i)  making  the  best  use  of  the  available  national  and  Union  funding,  such  as 
support under ESF+ and the Technical Support Instrument encouraging social 
partners  to  use  the  existing  national  and  Union  funding,  including  the 
prerogative  budget  lines  dedicated  to  ’specific  competences  in  the  area  of 
social  policy,  including  social  dialogue’  and  to  ’information  and  training 
measures for workers' organisations’. 

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(11) 

submit  to  the  Commission  by  [ADD  date  18  months  from  the  publication  of  the 
Recommendation] a list of measures, drawn up in consultation with social partners, 
which are taken or have already been taken in each Member State to implement this 
Recommendation. 

(12) 

may entrust the social partners with the implementation of the relevant parts of this 
Recommendation, where applicable in accordance with national law or practice.  

WELCOMES THE COMMISSION’S INTENTION TO: 

(13) 

(14) 

(15) 

develop commonly agreed indicators by [ADD date 12 months from the publication 
of  the  Recommendation]  to  monitor  the  implementation  of  this  Recommendation 
jointly  with  the  Employment  Committee  and  with  relevant  social  partners  and 
improve  the  scope  and  relevance  of  data  collection  at  Union  and  national  level  on 
social dialogue, including on collective bargaining.  

monitor regularly the implementation of this Recommendation at national and Union 
level,  jointly  with  Member  States  and  relevant  social  partners,  through  regular 
tripartite  meetings  or  at  least  once  a  year,  in  the  context  of  the  multilateral 
surveillance activities of the Employment Committee, in the context of the European 
Social  Dialogue  Committee,  and  in  the  context  of  the  European  Semester.  This 
monitoring  should  allow  social  partners  to,  among  other  things,  identify  situations 
where  they  have  been  excluded  or  inadequately  involved  in  national  level 
consultations on Union and national policy. 

evaluate,  in  cooperation  with  Member  States,  social  partners,  and  after  consulting 
other  relevant  stakeholders,  the  actions  taken  in  response  to  this  Recommendation, 
and  report  to  the  Council  by  [ADD  date  4  years  from  the  publication  of  the 
Recommendation]. On the basis of the results of the evaluation, the Commission may 
consider making further proposals. 

Done at Brussels, 

For the Council 
The President 

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