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Social dialogue in updating labor relations and
employment systems
Dagoberto Lima Godoy
August 23th, 2011
São Paulo
7th Re...
2
Why updating LR systems?
• Worldwide, the more regulation increases, greater is the
frustration.
• ILO’s protectionist i...
3
Two faces of an ILO’s truth
(and of the nowadays reality’s)
“Labor is not a commodity”
ILO’s Philadelphia Declaration, 1...
4
What they don’t assume (on human labor)
knowledge economy
competition
appreciation
globalization
competition
commodifica...
5
Social Dialogue scope
 SD do not compete with classic parliamentary democracy, but
complements it; it can only be fully...
6
Social Dialogue concepts
Concept Interlocutors Forms
Strictu
senso
 Government
 Workers
 Employers
Tripartite or bip...
7
Social
Dialogue
Freedom
Asociation
Balanced colective
bargain
Fair labor relations
8
The indispensable balance
“To respond to the challenges of globalization, climate changes,
technological advances and an...
9
Essential elements of flexicurity
• Labor legislation and funding that can facilitate access to labor market
in satisfyi...
10
Preconditions for flexicurity
• Secure macroeconomic policies and
favorable environment for business,
which enable and ...
11
Fundamental aspects in the wake of flexicurity in Brazil - I
1 - There are no models to be strictly followed. Flexicuri...
12
Fundamental aspects in the wake of flexicurity in Brazil - II
4 - Brazilian labor legislation is more liberal than thos...
13
At last ...
“Whereas universal and lasting peace can be
established only if it is based upon social justice.”
ILO’s Con...
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Social dialogue and flexicurity

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Social dialogue and flexicurity

  1. 1. Social dialogue in updating labor relations and employment systems Dagoberto Lima Godoy August 23th, 2011 São Paulo 7th Regional Congress of the Americas of Ilera 5th Ibret Brazilian Conference of Labor and Employment Relations
  2. 2. 2 Why updating LR systems? • Worldwide, the more regulation increases, greater is the frustration. • ILO’s protectionist international labor standards are no longer effective (being in many cases accused of contributing for unemployment and hardening of labor relations). • Mechanisms of social dialogue - though certainly a more reasonable alternative - have not achieved more than a mitigation of the conflict.
  3. 3. 3 Two faces of an ILO’s truth (and of the nowadays reality’s) “Labor is not a commodity” ILO’s Philadelphia Declaration, 1944. “... the failure of any nation to adopt humane conditions of labor is an obstacle in the way of other nations which desire to improve the conditions in their own countries;” ILO’s Constitution, 1919.
  4. 4. 4 What they don’t assume (on human labor) knowledge economy competition appreciation globalization competition commodification Union’s leaders Leftist politicians and academics “Fordist” employers
  5. 5. 5 Social Dialogue scope  SD do not compete with classic parliamentary democracy, but complements it; it can only be fully effective in a democracy.  SD is not inconsistent with market economy, even strengthening it, pacifying the world of work and thus contributing to improve business and investment environment.  SD is not an end in itself but a tool to deal with various economic and social problems.  SD must be based on mutual trust, built over many years of cooperation in good faith. Source: Richly & Pritzer, 2003. [Labor relations and unemployment attract the interest of the so- called civil society organizations, leading to an increased NGOs’ pressure for participation in discussions on possible solutions.]
  6. 6. 6 Social Dialogue concepts Concept Interlocutors Forms Strictu senso  Government  Workers  Employers Tripartite or bipartite  Official or non-official  International, national, regional or business  Inter-professional or inter-sectors Latu senso  Governmental and Public System members Civil Society representatives  Pluripartite  Official or non-official  International, national, regional or local Without denying that civil society (CS) constitutes a fundamental factor for improving the contemporary democratic process, the complexity and specificity of labor relations (LR) recommend a cautious and responsible insertion of the CS in the SD, to be ensured to employers, workers and government the central roles every time LR is the issue.
  7. 7. 7 Social Dialogue Freedom Asociation Balanced colective bargain Fair labor relations
  8. 8. 8 The indispensable balance “To respond to the challenges of globalization, climate changes, technological advances and an aging population, an effective social dialogue should also increase the adaptability of workers and employers and combine a high level of employers competitiveness with a good environment for workers creation." ETUC (European Trade Union Confederation), BUSINESSEUROPE (Confederation of European Business), CEEP (European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest) and UEAPM (Union Européene de l’Artisanat et des Petites y Moyennes Entreprises). In “Key challenges facing european labour markets: a joint analysis of European social partners”. FLEXICURITY
  9. 9. 9 Essential elements of flexicurity • Labor legislation and funding that can facilitate access to labor market in satisfying jobs. • Effective and high quality ALMPs, with investment in people and support to drive changes in a productive direction. • Policies for lifelong learning to ensure the employability of workers, increasing their skills and qualifications. • Efficient and sustainable social protection systems, which provide a guaranteed income support and promote integration in labor market. • Social dialogue that contributes to a negotiated balance between flexibility and security, providing the "smooth functioning” of labor market and adaptability of workers and employers. Source: ETUC et al, 2007
  10. 10. 10 Preconditions for flexicurity • Secure macroeconomic policies and favorable environment for business, which enable and support growth full potential and ensure the necessary financial base for public services and labor market policies. • Good working conditions and quality jobs, defined as those that ensure safety to career and employment, maintaining and promoting workers health and welfare, developing their skills and reconciling work and personal life. In addition, it is also important remuneration, equality and diversity at work. • Free, independent, democratic and representative organizations of employers and employees. Sources: ETUC et al, 2007; Richly & Pritzer, 2003. “Sustainable enterprises” “Decent Work”
  11. 11. 11 Fundamental aspects in the wake of flexicurity in Brazil - I 1 - There are no models to be strictly followed. Flexicurity has his roots in the secular European culture that have little to do with Brazilian experience (despite being in Europe the roots of our Labor Law). 2 - Tripartite Social Dialogue has an institutional space in EU. In Brazil, SD did not succeed in getting freed from State predominance - not to say, from government - due to a trade union system too much dependent on the State. 3 - Flexicurity involves a paradigm shift with regard to responsibility for workers safety, which is replacing the principle of "job security" for "security in the labor market“.
  12. 12. 12 Fundamental aspects in the wake of flexicurity in Brazil - II 4 - Brazilian labor legislation is more liberal than those of Europe, specially on freedom for contract and dismiss. On the other hand, it is quite generous with regard to protection of the worker, even when compared to the European reality. 5 – Notwithstanding to remain few spots to be filled in terms of business management flexibility and social security, they are crucial to improve flexicurity and to allow Brazilian economy improving their competitiveness. 7 - Along with the need to ensure legal certainty for contracts, a shift is need from the statutory system for another one based on collective bargaining, in terms of conflicts resolution, as a requisite for more confident and fluid labor relations.
  13. 13. 13 At last ... “Whereas universal and lasting peace can be established only if it is based upon social justice.” ILO’s Constitution, 1919. Social justice is not a divine gift, but the prize reserved to societies which have showed competence to produce wealth and wisdom to fairly distribute it. Thanks for you attention!

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