Changing Public Service Employment Relations - Term Paper Example

RUNNING HEAD: EMPLOYERS ND COLLECTIVE BARGAINING Employers nd Collective Bargaining of th of th of th professor] Employers nd Collective Bargaining Introduction In th majority of Europen ue of public ervice of tate nd public ervice th ocial relation are prone traditionally to variou tructure nd legal/intitutional practice that thoe of th private ector. Th civil ervnt in ome countrie do not have th ame right of collective bargain a of th employee of private ector. It normally i een that th employer obtain th advntage of th collective bargain in particular, th employee limited line to take th indutrial project, in particular th right to trike. Th international legal tendencie upport more limited line of collective bargain for th civil ervnt, particularly peronnel, (Bach, 1999,21) military police force nd peronnel working with th adminitration tate. Th Europen ocial charter, convention for baic right nd freedom nd th number of work of convention from International 87,98 nd 151 nd 154 are mot importnt. Th traditional model of th ocial relation of public ervice however wa prone to deep chnge during th lat decade. Th tendency wa toward th collective bargain, put in parallel by decentralization by determining th term nd general term of employment, of a legal framework reembling that of th private ector nd th identification of th right of trade union nd th right to trike (Bach, 1999,21) Bargaining level n importnt matter in ocial relation of public ervice wa th point to which th collective bargain i centralized or decentralized. Th general tendency i the lat year toward decentralization. n importnt argument in favour of decentralization i that it leave more flexibility thn th ytem centralized in term of profeional ituation, regional nd local pecific of job market. (Boaert, 2001,22) while thi cn increae th effectivene nd th effectivene in public ervice, it cn alo lead to fragmentation (Dell 'Arringa, 2001; Farnham nd Horton, 2000). In practice, th collective bargain in public ervice neithr i completely centralized nor i completely decentralized in ny Member State within th EU. Centralization nd decentralization often go hnd in hnd. Th centralized apect often refer to a certain form of central order, uch a limit of budget impoed by th Britih treaure. In th countrie with ytem of public office of career, thre i a degree more raied of centralization thn in th countrie without uch ytem. However, in th majority of th countrie, of th combination of th centralized nd decentralized negotiation are found. Within th EU, three group of country cn be ditinguihed. Th firt group contain countrie where th collective bargain i mainly centralized nd decentralization i limited. Th econd group contain countrie with th decentralized collective bargain. nd th third group contain partially centralized/decentralized collective bargain, but where th mot importnt negotiation take place with ectoral or at th regional level. (Boaert, 2001,22) Centralied collective bargaining In Frnce, one centrally conclude Germny, Greece, Autria nd Portugal, pay rie for th whole public ervice. In Spain, although not truth for th civil ervnt, remuneration of th contractual employee i negotiated by each minitry or department within central adminitration. nd with RU, th wage for th public employee are mainly centrally given in th National ervice of Health (NHS) nd th local government. In Frnce, th ytem ued to determine th baic alary of th civil ervnt i th ame one for five million civil ervnt. In th French ytem, each poition in a category equalize a certain number of point on th index of wage (indicial of grill of). Th baic nnual alary of a civil ervnt cn be calculated by multiplying th index of th category of th civil ervnt with th money value of a point of index. Th negotiation of wage relate to primarily negotiation in increae in money value of th point, implying a general pay rie. (Dell 'Arringa, 2001,87) In Germny, th determination of wage for th civil ervnt alo i very centralized. Th Federal law of remuneration (Bundebeoldunggeetz) contain th precie proviion on th cale of wage of variou categorie of public office, a well a on upplement. The categorie, nd thir wage, apply at th federal level, in Lnder nd th local government. Collective agreement for th paid employee nd th agreement for employee are alo negotiated at th national level. Th Germn national agreement contain term nd general term detailed, for example over th working time, th year of th ervice, th wage, th payment ocial, travelling expene, th holiday nd th top of employment. In all th cae thir applicability i pread by all th country nd thre i no difference between th local authoritie. Th only exception to thi rule i that th tndard of wage in new Lnder were of 90 percent of tndard of wage in th old mn in 2002. (Ferner, 2005,265) With RU, th determination of wage in th NHS nd th local government are made centrally by national agreement. In th NHS, th negotiation take place at th National council of Whitley nd th ocial forum of aociation. In th local government, thre are national agreement but th local authoritie of individual are free not to follow th latter for thir own peronnel nd ome did thi in th pat (White, 1999,25). Decentralied collective bargaining Th collective bargaining i mainly decentralized in Sweden nd in th BRITISH public office. Indeed, Swedih expoure of example how th decentralized collective bargaining cn bind with a certain form of coordination at th central level. Agreement on th level of agency are negotiated in n outline agreement covering th whole central adminitration. In Sweden, thre are three type of agreement, namely th baic agreement, th local general agreement nd agreement. Th baic nd general agreement are negotiated at th central level between th Swedih agency for employer of government nd th trade union central. Th baic agreement treat th proce of negotiation, i valid with time nd mut be confirmed by th government. Th general agreement treat th level of remuneration total nd othr general term. Th particular condition are that th part agree to maintain peace in th work place nd that no othr indutrial project cn be taken. Th general agreement running tipulate n increae minimum of wage th productivity. Th local agreement determine th individual wage nd othr local condition of recruiting nd are negotiated on th level of agency between th mnagement nd th repreentative of th trade union (Boaert, 2001,22). Thre are no centrally given cale of wage or arrngement of remuneration which mut be followed. Pay rie are baed on evaluation of th qualification, exit nd execution of variou employee. Local agreement are een by th peronnel a mot importnt (Farnham, 2000,78). Th public agencie are entirely reponible for th reult nd th conequence of thir agreement. Adjutment of thir budget, which are not pecified in center of cot, are not made automatically, but by n index reflecting th chnge of th cot of labor in th indutrial ector. Thre i no finncial equalization for agreed pay rie which are higher thn th index. In th BRITISH public office, th determination of wage wa decentralized ince 1994 (Farnham, 2000,78). Each governmental ervice nd arrnge central ha it own wage nd th ytem nd thoe of evaluation are prone normally to th collective bargaining between employer nd th trade union on th level of department nd agency. Partially centralied/decentralied collective bargaininging In Belgium, in Denmark, in Irelnd, in Finlnd, in Italy nd th Nethrlnd, bargaininging collective in th public ector i partly decentralized nd, in certain cae, take place on two level. In Belgium, a certain number of exit of hared interet to all th civil ervnt i negotiated at th national level within th committee for all th public ervice (A-committee). Thoe include th ocial ecurity, th tatute of trade union, th federal legilation of work applying to th civil ervnt, nd th ubject affecting th private ector which are negotiated with th Council of national work nd th higher Council for th prevention nd protection on th work place. (Ferner, 2005,265) of othr exit are federal intervention relating to of th interruption of career nd ome jutex minimum uch a penion, th indexing of wage, advntage of child, holiday minimum, th minimum wage nd th minimum maternity leave of maternity. Pay rie on th automatic increae in two percent of th wage of public ervice, tarted by each rie in two percent of th cot of living, are negotiated B-committee for all th ector of federal government nd within th committee of negotiation for each one of th community nd th regional authoritie. A complication for th public employer in a-committee i that th ight of ix government (th federal government nd government of th communitie nd th area) mut be reconciled. Becaue th finncial poition of the government are unequal, thi cn ometime thn introduce difficultie to obtain th agreement in th delegation of employer. (Ferner, 2005,265) In Denmark, of n end of th buine to th othr pay rie are given at th central level, while variou allownce are negotiated locally (Baker, 2002,47). In Irelnd, centrally of given general pay rie are upplemented by increae negotiated by th occupational clae. Th centrally given increae are th reult of n agreement pread by all th country of aociation for th public ector nd th private ector, jointly. In th Finnih public ervice, tndard pay rie are negotiated at th central level, but th agencie determine th othr pay rie baed on th execution nd th reult. Th employer of tate th 'office check nd approve th collective agreement of th agencie. n equivalent ytem i found in th Finnih local government, where bargaininging collective i centralized in th Commiion on employer of local authority but i alo decentralized with th municipalitie, which are in talk with local aociation of th trade union of local government. In Italy, th negotiation take place in eight ector which were indicated in 1983. Th ector are: minitrie (except education nd health), autonomou public adminitration, not-economic public agencie, body of reearch, National ervice of Health, chool, univeritie nd adminitration regional nd local. In ome ector, more decentralization took place for trade uch a doctor. Under th term of th 1993 law, tate of employment of th director in each of th eight ector mut be treated in th eparate arena of negotiation. Conequently, thre are 16 unit of negotiation nd collective agreement correponding at th national level: eight for th employee not-mnager nd eight for director (Baker, 2002,47). Sectoral collective aociation bargaininging doe not apply to th armed force, th military nd civil police force, th diplomat, th prefect, th profeor of univerity nd th magitrate who alway have n indutrial relationhip baed on th public law. From 1998, th local agreement within each agency (minitry, department, etc) played n increaingly importnt part. Thoe determine local condition of ue, including th variable part nd working time of remuneration. (Keller, 2007,77) Th Dutch ytem of th negotiation of wage on th level of ector exited ince 1993. Th 12 ector are th civil peronnel of th tate (mainly minitrie), th legal order, defene, orgnize, primary education nd econdary education, univeritie, higher chool of profeional training, reearch intitute, hopital of univerity, province, municipalitie nd compnie of ordering of water. Negotiation on th hared interet with th variou ector (uch a th mode of penion nd th tatutory ocial ecurity) are carried out between th public employer nd trade union to th Council for th taff policy of public ector, a bipartite body with n independent preident. Bargaining outcome In general, th outcome of collective bargaininging in public ervice cn take four form. The are: 1. binding collective agreement; 2. legally-binding agreement incorporated in legal text; 3. agreement a political commitment; nd 4. othr arrngement. Dicuion Claical civil ervice career ytem in Europen tate have increaingly been challenged during th lat two decade. At th ame time, labour relation in public ervice have been reformed. In general, th importnce of bilateral method for determining civil ervice pay nd othr term nd condition in th form of collective bargaininging, ha increaed. Moreover, public ervice labour relation have become more decentralied. Th rie of collective bargaininging in public ervice i a long-term trend over everal decade. It generally reult in agreement that are eithr directly applicable, or need to be incorporated in legal text before becoming applicable, or are baically political commitment by government. With th rie of collective bargaininging, thre are hardly ny retriction on trade union memberhip for public ervnt. Th only country that deliberately ought to reduce trade union right for public ervnt wa th UK during th year when Margaret Thatcher wa Prime Miniter. However, (Keller, 2007, 77) th Labour government introduced legilation conferring right to belong to a trade union nd for trade union to be recognied by employer. It ha alo applied th rhetoric of ocial partnerhip ince it entered office in 1997. Linked with th increaing importnce of collective bargaininging in public ervice, mot public ervnt now have th right to engage in indutrial action, including going on trike. Th only exception to thi general rule are tatutory civil ervnt in Germny, Denmark nd Autria. In Denmark nd Autria prohibition to trike for tatutory civil ervnt i being furthr reduced, becaue in the two countrie taff are no longer normally recruited a civil ervnt. In all othr EU countrie, etablihed civil ervnt, except pecial excluded group uch a th police nd armed force, now have th right to trike, independent of thir poition in th adminitrative hierarchy. However, from a legal perpective, thre i a vacuum in th law regarding th right to trike in everal countrie. From a taff participation point of view, th extenion of collective bargaininging ha to be judged poitively. (Wincheter, 1999, 19) In pite of thi common trend, th particular nd inherent nature of th tate in labour relation remain n obtacle to developing th ame kind of indutrial relation in th public ervice a in th private ector. Occaionally, collective bargaininging ha uffered etback a well. Thi i hown by th Spnih government' refual in 1997 to implement th wage agreement truck between th previou government nd th public ervice trade union. It i alo hown by th unilateral deciion taken by th French government, in 2001, to grnt all public ervnt a alary increae in order to maintain thir purchaing power, intead of concluding a wage agreement with th trade union. Moreover, th importnce of collective bargaininging in certain countrie i limited by th fact that government have th option to take meaure unilaterally where negotiation with th union fail. (Keller, 2007, 77) Regarding th different outcome of collective bargaininging, th general trend i that more collective bargaininging lead to directly applicable collective agreement. Th application of collective agreement i mot common for government taff employed on employment contract under private labour law, (Treu, 2007, 26) except in Belgium. It i claical career ytem that are mot reticent regarding directly applicable collective bargaininging. The ytem generally retain unilateral determination of employment rule by government nd/or parliament when negotiator fail to reach agreement. However, in career ytem, th right to collective bargaininging i generally recognied by legal proviion that define pecific rule nd procedure. (Neal, 2001, 54) Th only country where collective bargaininging for civil ervnt i till not legal i Germny. However, in reality th Germn civil ervice federation have ample opportunity to influence th term nd condition applying to thir contituent. Th Germn cae how that official rule do not alway repreent reality. Thi cn alo be aid for Greece nd Portugal, where in practice collective bargaininging i more flexible thn th law ugget. Concluion To conclude, thi report demontrate that in pite of th evidence of common trend in recent year, thre remain ome divergence among Europen tate in public ervice employment relation. n importnt explnatory factor for the difference in intitution nd practice ret in th civil ervice ytem of Europen tate. Each tate ha it own civil ervice heritage that till play n importnt role in it affair today. Thi heritage ha haped th legal framework of employment nd work in Europen public ervice. State operating career civil ervice ytem till generally determine public ervice pay unilaterally through th law, while thoe tate with contractual taff ytem ue varying form of collective bargaininging. Thre i clearly a number of trend in evidence including n increae in collective bargaininging, decentraliation, nd n extenion in th cope of collective bargaininging. Preure on tate ytem to follow the trend nd increae th repreentative form of participation are linked to th need to carry public official with thm in thir reform agenda. It i alo to enure that thy conform to EU policie on humn nd employment right. References Bach, S. (1999), "Europe. Chnging public service employment relations", in Bach, S., Bordogna, L., Della Rocca, G. (Eds),Public Service Employment Relations in Europe. Trnsformation, Modernization or Inertia, Routledge, London, Pp 21-54 Battis, U. (1999), ffentliches Dienstrecht von A-Z. Beamte, Arbeiter und ngestellte, Personalvertretung, DTV, Munich, Pp 78-99 Bossaert, D., Demmke, C., Nomden, K., Polet, R. (2001), Civil Services in th Europe of th Fifteen: Trends nd New Developments, EIPA, Maastricht, Pp 22-63 Dell'Arringa, C. (2001), "Reforming public sector labor relations", in Dell'Arringa, Pp 44-87 Della Rocca, G., Keller, B. (Eds),Strategic Choices in Reforming Public Service Employment. n International Hndbook, Palgrave, Basingstoke, Pp 98-102 Farnham, D., Horton, S. (Eds.) (2000), Humn Resources Flexibilities in th Public Services: International Perspectives, Macmilln, London, Pp 78-54 Farnham, D., McNeill, J. (2007), "Pay delegation in Next Steps agencies: some initial research findings", Public Policy nd Administration, Vol. 12 No.4, Pp 77-88 Ferner, A. (2005), "Public sector industrial relations in Europe: common trends nd th persistence of national variability", Industrielle Beziehungen, Vol. 2 No.2, Pp 214-265 Fournier, J. (2002), Livre blnc sur le dialogue social dns la fonction publique, La Documentation Frnaise, Paris, Pp 47-87 Keller, B. (2007), Arbeitspolitik des ffentlichen Sektors, Nomos Verlagsgesellschaft, Baden-Baden, Pp 77-154 Neal, A. (2001), "Public sector industrial relations - some developing trends", International Journal of Comparative Labour Law nd Industrial Relations, Vol. 17 No.2, Pp 54-66 Swedish Agency for Government Employers (2007), Orgnising Government Employers, Swedish Agency for Government Employers, Stockholm, Pp 54-102 Treu, T. (2007), "Labour relations in th public service: a comparative overview", in Treu, T. (Eds),Public Service Labour Relations, ILO, Geneva, Pp 44-121 Treu, T. (2007), Employees' Collective Rights in th Public Sector, Kluwer, Th Hague, Pp 22-32 White, G. (1999), "Th remuneration of public servnts: fair pay or new pay", in Corby, S., White, G. (Eds),Employee Relations in th Public Service, Thmes nd Issues, Routledge, London, Pp 25-29 Winchester, D., Bach, S. (1999), "Britain. Th trnsformation of public service employment relations", in Bach, S., Bordogna, L., Della Rocca, G., Winchester, D. (Eds),Public Service Employment Relations in Europe. Trnsformation, Modernisation or Inertia, Routledge, London, Pp 19-48 Read More