International Human Resource Management-MJ Version

FIGURE 17.1

A social policy process
The EU also has an established process for arriving at social policy. Systematic
social dialogue began in 1985 with the Val Duchesseprocess. In 1991, the then
members minus the UK agreed to append the so-called social ‘protocol’ or
‘chapter’ to the Maastricht Treaty. Subsequently, the protocol became an inte-
gral part of the Treaty in 1997, when the UK dropped its opposition. Basically,
it obliges the Commission to consult the social partners in advance of adopt-
ing legislative proposals in the following fields (Article 137):

• improvement of the working environment to protect workers’ health and safety;


• working conditions;


• information and consultation of workers;


• equality of opportunities and treatment at work between men and women;


• integration of persons excluded from the labour market;


• social security and social protection of workers;


• protection of workers where their employment contract is terminated;


• representation and collective defence of the interests of workers and employers;

438 International Human Resource Management

(Continued)

Stage 4: 1990–93

opportunities directive and

four labour law directives.

However, the experience of

this second action pro-

gramme showed the need

for a stronger legal basis for

social policy. The entry into

force of the Maastricht

Treaty and, in particular, its

social protocol (currently

Articles 136 ff.) extended

the use of qualified majority

voting beyond health and

safety and defined the role

of the social partners at

Community level.

Stage 5: 1994–99

implemented agreements

between the social partners

at European level. The pro-

tocol also establishes a

more favourable political,

institutional and legal con-

text and enables proposals

pending for the action pro-

gramme linked to the Social

Charter to be followed up. It

was under this phase that

the European Works Council

Directive was adopted in

1994, after a failure to agree

by the social partners.

Stage 6: since 1999

opportunities for men and

women, and the role of the

social partners (Articles 3,

13, employment chapter, 137,

138 and 141). It enables the

European Parliament to

increase its involvement

(co-decision). A directive

dealing with national-level

information and consulta-

tion was adopted in 2002,

after a failure to agree by

the social partners.

Main developments in EU labour law (based on European Commission, 2000b: 25)