Monitorización del sistema nervioso central (SNC)

Decision-making on economic and social policies requires the participation of the key actors in the labour market in order to bring about sustainable solutions. In times of crisis, more than ever, such joint action is needed.188

188 _{“Social dialogue […] is a strong basis for building the commitment of employers and workers to the} joint action with governments needed to overcome the crisis and for a sustainable recovery. Successfully concluded, it inspires confidence in the results achieved” (Global Jobs Pact, ILC, 2010). The role of social dialogue and tripartism in assisting countries to overcome serious economic and labour market difficulties and accelerate recovery has been well documented (see Ghellab, 2009).

ILO supervisory mechanisms have equally underlined the importance of social dialogue in times of crisis in Spain, among other countries, in connec- tion with introducing employment policy measures that are in line with the Employment Policy Convention, 1964 (No. 122),189 _{and in relation} to the principles of freedom of association and collective bargaining laid down in ILO Conventions.190 _{Most recently, the tripartite Committee set} up to examine the representation alleging non-observance by Spain of the Termination of Employment Convention, 1982 (No. 158) also urged the Government to increase its efforts to strengthen social dialogue in seeking solutions to economic problems that are consistent with International Labour Standards.191

All labour market parties in Spain seem to agree that it is important to appro- priately balance the need for flexibility for enterprises on the one hand with security for workers on the other. Yet important differences in the parties’ more detailed opinions and approaches have meant that the reform process in Spain has not optimally utilized the possibilities offered by social dialogue to reach common decisions with better prospects of sustainability. Indeed, the only tri- partite agreement achieved during the crisis was the 2011 Tripartite Economic and Social Agreement with a short period of implementation.

A process that addresses changes to the economic model involves, by defini- tion, a degree of compromise by all parties. In this process it will be crucial to secure minimum standards of protection to avoid an increase in poverty and a race to the bottom in terms of working standards, as well as to enable companies to adjust their processes to the requirements of the market – as seen in Chapter 2. Moreover, other key elements of a sustainable recovery, inclu- ding outcomes of training programmes and social protection mechanisms, will improve if achieved and designed through tripartite dialogue. In this context, efforts to promote social dialogue that have taken place recently in Spain are a welcome initiative.192

189 _{Observation of the ILO Committee of Experts on the Application of Conventions and}

Recommendations (CEACR) – adopted 2012, published 102nd ILC session (2013); Employment Policy Convention, 1964 (No. 122).

Chapter 4 Building recovery through social dialogue and collective bargaining 176

SPAin: Growth with JoBS

To help social dialogue to produce these necessary outcomes and develop consensus, earlier research has put forward, firstly, the enhancement of inter- nal organization and coordination within social partners, which gains even more urgent relevance due to the fact that EU-level decision-making requires effective and coordinated input from the social partners through the relevant governmental processes. Second, a further institutionalization of tripartite relations has been proposed, building on the already existing structures at national, regional and local levels.193 _{In this sense, appropriate tripartite} bodies could be given clearly defined mandates to contribute to social and economic policy-making. In Chapter 5 of this report, the establishment of an Employment Task Force to develop a comprehensive employment and social strategy and monitor its progress is discussed. Yet, it should be noted that further institutionalization alone will not resolve all issues: indeed, the specific commitment to social dialogue requires facilitation of the actual, practical work of tripartite institutions, and valorization of any consensus achieved by them.

Tripartite crisis responses in other countries have included elements of orga- nized and coordinated social partner response, as well as institutionalized social dialogue. For instance:

• In response to the global financial crisis, the Netherlands quickly tapped into its regular national social dialogue mechanisms, and the impending consequences of the crisis were discussed as early as March 2008. When the crisis unfolded, the Government convened a special tripartite crisis team in January 2009 to respond to the challenges through joint action. After an important bipartite compromise, the Dutch social partners agreed in March 2009 to a government package that placed high prior- ity on employment promotion through training, balancing the need for flexibility and security, and limiting enterprise costs. The Dutch Ministry of Labour attributes the successful tripartite crisis response to the long- established practice of regular national social dialogue in the country.194 • During the current crisis and its aftermath, Portugal applied a tripartite

approach in tackling the major challenges facing the country. In May 2011, Portugal entered into an economic adjustment programme through 193_{Molina and Miguelez (2013).}

a memorandum of understanding with the European Commission, the European Central Bank and the International Monetary Fund, including financial assistance amounting to €78 billion and covering the period 2011−2014. The conditionality package for financial assistance required the Portuguese Government to introduce a series of reforms in the labour market. These changes were negotiated at the national level with the social partners, through the national Tripartite Commission for Social Dialogue (Comissão Permanente da Concertação Social), and led to the adoption of the Agreement for Growth, Competitiveness and Employment (Compromisso

para o Crescimento, Competitividade e Emprego)195 _{on 18 January 2012} with the social partners (excluding Confederação Geral dos Trabalhadores Portugueses (CGTP)). This did not come without problems: one union opted out from the agreement, and social partners also felt that they should have been heard on a wider range of reforms. However, the strong status of the Tripartite Commission, anchored in the Portuguese constitution,196 enabled the body to play a vital role in the negotiations.

... and to avoid gaps in CBA regulation