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Reinforcing social dialogue as an instrument for stability and decreasing social and economic inequalities

Doc. 14216: compendium of written amendments | Doc. 14216 | 24/01/2017 | Final version

Compendium index

Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 Amendment 11 Amendment 12 Amendment 13 Amendment 14 Amendment 15 Amendment 16 Amendment 17 Amendment 18 Amendment 19

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1In the globalised economy at the beginning of the 21st century, social partners – trade unions, employers’ federations and public authorities – are acting on a complex playing field. Trade unions in particular are expected to represent the interests of workers in the face of various, often contradictory trends which have significantly changed their role in the social dialogue, both at national and European levels, and in society in general.
2Like other labour market institutions, trade unions need to adapt to the fast-evolving world of work, which requires ever new capacities from workers at all levels. They also need to react to declining membership levels in their organisations, and to an increasing use of information technologies and social media as vectors of communication, including in labour relations. In a number of countries, the scope of action and influence of trade unions, and collective bargaining coverage, has diminished over the past years due to legal restrictions applied to collective labour rights under austerity programmes, as already pointed out by the Parliamentary Assembly in Resolution 2033 (2015) on protecting the right to bargain collectively, including the right to strike.

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Lord Richard BALFE, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 2, delete the following words: "due to legal restrictions applied to collective labour rights under austerity programmes, as already pointed out by the Parliamentary Assembly in Resolution 2033 (2015) on protecting the right to bargain collectively, including the right to strike."

24 January 2017

Tabled by Mr Mike WOOD, Mr Paul SCULLY, Dame Cheryl GILLAN, Lord Richard BALFE, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, at the end of paragraph 2, insert the following words: "Too many trade unions have failed to become modern organisations but have instead remained corporatist and are perceived as purely defending a very narrow self-interest."

3The Assembly is concerned about some of these trends negatively affecting trade unions and the social dialogue. It fears that the lower significance and changing role of trade unions could further increase currently widening social and economic inequalities. Trade unions themselves should be prudent and take utmost care to always act in a democratic manner and avoid contradictory decisions, for example when acting as economic stakeholders and investors themselves.

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Lord Richard BALFE, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 3, replace the words "It fears that the lower significance and changing role of trade unions" with the following words: "A failure by trade unions to modernise, act proportionately and demonstrate that they respect the interests of wider society risks undermining confidence in the social market model and".

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Lord Richard BALFE, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 3, after the words "Trade unions themselves should be prudent and take utmost care to always act in a democratic", insert the following words: ", non-violent, non-disruptive".

4While the collective rights they defend, including the right to strike, should be protected as essential elements of the European Social Model, trade unions should act in a responsible and accountable manner at all times. While any legal restrictions to trade union action, including the right to collective bargaining and the right to strike, should only be applied in full respect of international standards as laid down by the International Labour Organization (ILO), trade unions should always use their fullest discretion and bear in mind their social responsibilities by keeping strike action as targeted as possible. A precondition for a fruitful social dialogue is internal consent and mutual trust between the social partners that their respective interests be understood and respected.

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Lord Richard BALFE, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 4, after the words "While the collective rights they defend, including the right to strike", insert the following words: "while respecting the legitimate right of others to work without impediment or intimidation,"

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Lord Richard BALFE, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 4, after the first sentence, insert the following sentences: "In some member States of the Council of Europe, trade unions are not yet incorporated and therefore operate in the twilight zone of the law. The Assembly recommends that all member States reform their legislation as soon as possible to provide for the incorporation of registered trade unions."

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 4, after the first sentence, insert the following sentence: "The decision to strike should be in all circumstances the very last resort for the most serious disputes and not, as it too often appears, the very first resort."

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 4, after the second sentence, insert the following sentence: "The Assembly condemns any form of wildcat strike and secondary picketing, especially if it has a disruptive effect on the lives of members of the public who are not parties to the industrial dispute."

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Ingebjørg GODSKESEN, Lord Richard BALFE, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 4, after the second sentence, insert the following sentence: "The disruptive character of strikes should be strictly limited to the sector in which they aim to achieve change."

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, paragraph 4, after the second sentence, insert the following words: "The Assembly recognises that the right to work is as important as the right to strike, and that in no case should a strike prevent workers from reaching their workplace."

5Convinced that the need for a strong social dialogue, based on a healthy balance of power, an open and trustful dialogue and full respect for international standards, should be recognised and its implementation supported by all social partners, the Assembly calls on member States to:
5.1ratify and fully implement the European Social Charter (revised) (ETS No. 163) and the Additional Protocol to the European Social Charter Providing for a System of Collective Complaints (ETS No. 158), if this has not yet been done, and develop or revise national labour legislation accordingly to bring it into conformity with these standards;
5.2promote and support industrial relations and collective bargaining coverage, through appropriate legal frameworks and constructive political action, as a means of securing the stability of economic processes and of decreasing social and economic inequality;

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST

In the draft resolution, paragraph 5.2, delete the words "and collective bargaining coverage,".

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST

In the draft resolution, paragraph 5.2, delete the words "and economic".

5.3reverse, wherever necessary, the measures which weaken social dialogue, including by reinstituting social dialogue institutions where they have been abolished, with a view to bringing the national social dialogue and other collective rights back into conformity with the International Covenant on Social and Economic Rights, the ILO conventions, the case law of the European Court of Human Rights and the European Social Charter;

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST

In the draft resolution, delete paragraph 5.3.

5.4keep to the strict minimum legal limitations on the right to collective bargaining and the right to strike, as provided for by well-established ILO and European standards;

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST

If adopted, amendments 15, 16 falls.

In the draft resolution, delete paragraph 5.4.

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Ingebjørg GODSKESEN, Lord Richard BALFE, Ms Kelly TOLHURST, Mr Nigel EVANS

Falls if amendment 14 is adopted.

In the draft resolution, at the end of paragraph 5.4, insert the following words: "A minimum legal requirement should however be that a decision to go on strike must result from a secret ballot, in order to avoid any pressure of any kind and to ensure that workers can express their support for the strike in total freedom."

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Dame Cheryl GILLAN, Mr Paul SCULLY, Ms Kelly TOLHURST, Mr Nigel EVANS

Falls if amendment 14 is adopted.

In the draft resolution, at the end of paragraph 5.4, insert the following words: "However, there can be no call for a strike and/or a (public) demonstration without taking responsibility and accepting accountability for it. Violence and public disruption should be avoided at all times, but, if it occurs, a trade union is legally and morally responsible for the violence caused by its members in its name."

5.5raise the awareness of all social partners of their specific roles, of the need for responsibility and accountability in the social dialogue and industrial action, as well as of the need to respect individual and collective social rights and democratic processes when it comes to collective action;

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Dame Cheryl GILLAN, Mr Paul SCULLY, Ms Ingebjørg GODSKESEN, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, at the end of paragraph 5.5, insert the following words: "When it comes to responsibility, trade unions should pay for policing, as football clubs already do in many Member states. Trade unions officially supporting (public) demonstrations should finance any involvement of law enforcement and/or other public services, including the clean-up after the demonstration, and should pay compensation for any damage arising."

5.6co-operate closely in designing modern labour market policies and institutions capable of continuously adapting to socio-economic changes, and ensure that social partners jointly address major challenges including economic stability and growth, social and technological trends, a more equal income distribution and social cohesion in Council of Europe member States.

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, after paragraph 5.6, insert the following paragraph:

"provide for a mandatory minimal service of 40% of the workforce in case of strikes in the public and/or transport sectors."

24 January 2017

Tabled by Mr Mike WOOD, Mr Ján MAROSZ, Mr Paul SCULLY, Dame Cheryl GILLAN, Ms Kelly TOLHURST, Mr Nigel EVANS

In the draft resolution, after paragraph 5.6, insert the following paragraph:

"remind trade unions that "on the basis of the definition of workers organisation contained in Article 10 of Convention No. 87, the Committee on Freedom of Association considers that strikes of a purely political nature [...] do not fall within the scope of the principles of freedom of association", (International Labour Organisation, 1966d, §481). Therefore, the Assembly condemns all strikes of a purely political nature against legitimately and democratically elected governments."

6Furthermore, the Assembly calls on the ILO to conduct a comparative assessment of the implementation of its substantive provisions of labour legislation on the right to strike, including the conditions for the exercise of the right to strike, essential and minimum services to be upheld and the individual right to work, in the light of its latest provisions on labour legislation and policies. At the same time, the Assembly calls on State Parties to relevant ILO conventions and members of ILO monitoring bodies to support such an undertaking.