 | This article may need to be rewritten to comply with Wikipedia's quality standards, as article.(June 2014) |
Social partners are groups that cooperate in working relationships to achieve a mutually agreed-upon goal, typically for the benefit of all involved groups. Examples of social partners include employers, employees, trade unions, and governments.
The concept of social partners arose in Europe in part from the disorder following the Industrial Revolution. Article 152 of the Treaty on the Functioning of the European Union (TFEU) states:
The Union recognizes and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.
This article forms part of the Primary Law of the European Union (EU).
Social partners have a vital role to play in reaching out to workers and owners of enterprises and in particular those of SMEs and the informal economy, and in general, increasing the representation of their membership to ensure deeper and broader benefits of association, representation and leadership, including in the field of public policy advocacy, its formulation and implementation.
With the approaching of globalization, companies must bear more pressure from the competition between countries.
At the same time, new technology had replaced traditional industries causing structural unemployment.
The relationship between employee and employer becomes more complicated as the atypical employment turns into mainstream in the employment market. Because of these circumstances, the relationship between labor and employer has become more like partners. And this new idea of social partners had taken shape through the International Labor Organization (ILO1) and Europe social partnership system.
But there are quite few research and example about social partners in the US，the reason is that noun ”social partner” come up after WW2, that made European understand the importance of peace in every way, this new concept helped Europe rebuild the economy after the damage of war.
There is an inextricable connection between social partners and social dialogue, but what makes good social dialogue?
The Treaty of Lisbon (Article 152 of the Treaty on the Functioning of the EU) recognises the role of the social partners in labour relations and European social dialogue. They represent their members during consultations with the Commission and the negotiation of collective agreements. They also sit with the European Economic and Social Committee, alongside other organisations representing civil society. The social partners play a key role in implementing the objectives of the Lisbon Strategy for Growth and Jobs, by launching projects and initiatives at European and national level.
European social partners have had a considerable influence on the preparation of the following Commission proposals:
The role of governments and social partners in keeping older workers in the labour market. In view of Poland’s ranking as lowest in the EU professional activity indicators for people aged 45+, the government and social partners see the need for actions boosting occupational development of this group. Poland has a universal plan called ‘Generations’ Solidarity: Actions for Increasing Occupational Activity of People Aged 50+’, developed within the social dialogue institutions. So far it has been implemented through legislation, most importantly with regard to the pension system, and specifically raising and equalising the statutory retirement age for men and women and restricting access to early retirement schemes. Very few actions revolve around improving the quality of work of older workers.
Labor Foundation, which was founded in April 2007 under the tripartite consensus on the importance of social partners' autonomous contribution to a more stable and advanced labor relations, is the one and only public institution that is engaged in the programs and activities to promote the labor relations in Korea. The programs and activities of the Foundation, which are all designed to help and guide social partners to work together with responsibility and for their common benefits, include: financial assistance for social partnership education and joint programs; workplace innovation consulting to increase competitiveness at workplace; employment generation, by creating selective worktime jobs, improving the long work practice and promoting flexible work schemes; outplacement services for retirees in their 40s or older; counseling and education to prevent and remedy unreasonable discrimination in employment; and international exchanges in the field of labor relations.
A trade union or labor union, often simply referred to as a union, is an organisation of workers intent on "maintaining or improving the conditions of their employment", such as attaining better wages and benefits, improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees and protecting and increasing the bargaining power of workers.
Labour laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return needs to be filed. In the real world, the critical issue for the tax authorities is not whether a person is engaged in a business activity but whether the activity is profitable and therefore potentially taxable. In other words, the activity of trading is likely to be ignored if no profit is present, so occasional and hobby- or enthusiast-based economic activity is generally ignored by the tax authorities. Self-employed people are usually classified as a sole proprietor, independent contractor, or as a member of a partnership.
A works council is a shop-floor organization representing workers that functions as a local/firm-level complement to trade unions but is independent of these at least in some countries. Works councils exist with different names in a variety of related forms in a number of European countries, including Britain ; Germany and Austria (Betriebsrat); Luxembourg ; the Netherlands and Flanders in Belgium (ondernemingsraad); Italy ; France ; Wallonia in Belgium, Spain and Denmark.
Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.
The European Trade Union Confederation (ETUC) is the major trade union organisation representing workers at the European level. In its role as a European social partner, the ETUC works both in a consulting role with the European Commission and negotiates agreements and work programmes with European employers. It coordinates the national and sectoral policies of its affiliates on social and economic matters, particularly in the framework of the EU institutional processes, including European economic governance and the EU Semester.
Social dialogue is the process whereby social partners negotiate, often in collaboration with the government, to influence the arrangement and development of work-related issues, labour market policies, social protection, taxation or other economic policies. It is a widespread procedure to develop public policies in Western Europe in particular.
Decent work is employment that "respects the fundamental rights of the human person as well as the rights of workers in terms of conditions of work safety and remuneration. ... respect for the physical and mental integrity of the worker in the exercise of his/her employment."
The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another member state on the same conditions as the nationals of that particular member state. In particular, no discrimination based on nationality is allowed. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital. Article 45 TFEU states that:
- Freedom of movement for workers shall be secured within the Community.
- Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
- It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
- The provisions of this article shall not apply to employment in the public service.
Social dumping is a practice of employers who use cheaper labour than is usually available at their site of production or sale, for example where production is moved to a low-wage country or area, or where poorly-paid migrant workers are employed. Employers thus save money and potentially increase their profits. Systemic criticism suggests that as a result, governments are tempted to enter a so-called social policy regime competition by reducing their labour and social standards to ease labour costs on enterprises and to retain business activity within their jurisdiction. There is a controversy around whether social dumping takes advantage of an EU directive on internal markets, the Bolkestein directive.
Labor relations is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics.
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.
Job sharing or work sharing is an employment arrangement where two people, or sometimes more, are retained on a part-time or reduced-time basis to perform a job normally fulfilled by one person working full-time. This leads to a net reduction in per-employee income. The people sharing the job work as a team to complete the job task and are jointly responsible for the job workload. Pay, holidays and working hours are apportioned between the workers. In some countries, systems such as pay as you go and PAYE help make deductions for national insurance, and superannuations are made as a straightforward percentage.
International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating Work and the workplace. The International Labour Organization and the World Trade Organization have been the main international bodies involved in reforming labour markets. The International Monetary Fund and the World Bank have indirectly driven changes in labour policy by demanding structural adjustment conditions for receiving loans or grants. Issues regarding Conflict of laws arise, determined by national courts, when people work in more than one country, and supra-national bodies, particularly in the law of the European Union, has a growing body of rules regarding labour rights.
The Temporary Agency Work Directive2008/104/EC is an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. It is the third piece of legislation in the European Union's employment law package to protect atypical working. Though it was proposed in 2002, the British, German, Danish and Irish governments blocked its enactment until 2008.
Labour rights in New Zealand are largely covered by both statute, particularly the Employment Relations Act 2000, and common law. The Ministry of Business, Innovation and Employment carries out most of the day to day administrative functions surrounding labour rights and their practical application in the state.
A fixed-term contract is a contractual relationship between an employee and an employer that lasts for a specified period. These contracts are usually regulated by countries' labor laws, to ensure that employers still fulfill basic labour rights regardless of a contract's form, particularly unjust dismissal. Generally, fixed-term contracts will automatically be deemed to have created a permanent contract, subject to the employer's right to terminate employment on reasonable notice for a good reason. In the European Union the incidence of fixed-term contracts ranges from 6% in the UK to 23% in Spain, with Germany, Italy and France between 13% and 16%.
Labour rights in Azerbaijan. Everyone including foreign and non-citizens has right to work in the Republic of Azerbaijan. Nobody may be deprived of a right to work based on discrimination related to citizenship, sex, race, nationality, language, place of residence, economic standing, social origin, age, family circumstances, religion, political views, affiliation with trade unions or other public associations, professional standing, beliefs, or other similar factors. All persons are free to choose his or her workplace, profession, and activity. Everybody is free to work or not to work. Compulsory labor is forbidden by legislation in force of Azerbaijan. In other words, no one may be forced to work in the country. If one has a status of “unemployed” the state has to pay social allowances to him or her. Furthermore, the state must endeavor to eliminate the unemployment in the country.
An occupational pension fund, also referred to as an employer funded or employer administered scheme, is a pension offered by an employer to an employee's retirement scheme. Within the European Union (EU), these pension funds can vary throughout certain Member States due to differences in retirement ages in Europe, salaries and length of careers, labour and tax laws, and phases of reform.