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Resolution 2146 (2017)
Reinforcing social dialogue as an instrument for stability and decreasing social and economic inequalities
1. In the globalised economy in the
early 21st century, social partners – trade unions, employers’ federations
and public authorities – are acting in a complex environment. 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 social dialogue, both at
national and European level, and in society in general.
2. Like other labour market institutions, trade unions need to
adapt to the fast-evolving world of work, which continually requires
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 means 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 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
the protection of the right to bargain collectively, including the
right to strike.
3. The Assembly is concerned about some of these trends negatively
affecting trade unions and social dialogue. It fears that the diminished
importance and changing role of trade unions could further increase currently
widening social and economic inequalities. Trade unions themselves
should be prudent and take the utmost care to always act in a democratic
manner and avoid contradictory decisions, for example when acting as
economic stakeholders and investors themselves.
4. While 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 fruitful social dialogue
is internal consent and mutual trust between the social partners
that their respective interests will be understood and respected.
5. Convinced 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:
5.1. ratify
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 draw up or revise national labour
legislation accordingly to conform to these standards;
5.2. promote 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;
5.3. reverse, wherever necessary, the measures which weaken
social dialogue, including by re-establishing social dialogue institutions
where they have been abolished, with a view to bringing 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;
5.4. keep legal limitations on the right to collective bargaining
and the right to strike to the strict minimum, as provided for by
well-established ILO and European standards;
5.5. raise the awareness of all social partners of their specific
roles, of the need for responsibility and accountability in 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;
5.6. co-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, more equal income distribution and social cohesion in Council
of Europe member States.
6. Furthermore, 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.