Background information

The Economic and Social Council (ESS) was re-established on 15 May 2020 after the outbreak of the pandemic (see case 1099 in the COVID-19 EU PolicyWatch database ). On 14 May 2021, during the negotiations about the ninth COVID-19 law, the trade union confederations withdrew and announced the obstruction of the ESS for an indeterminate time. The main dispute between the government and the trade unions was the role of ESS. While the government was taking social dialogue as the right of social partners to be informed about draft laws, trade unions demanded negotiations. They were reproaching the government for violating the rules on tripartite social dialogue by sending laws to the parliament without prior negotiations in ESS. Apart from procedural breaches, tax reform was one of the content-related issues which drove trade unions into conflict with the government. They opposed the social security cap and other ‘tax gifts’ by saying that tax cuts would generate a hole in state revenues and jeopardise social services.

Content of measure

Since the withdrawal of trade unions from the Economic and Social Council (ESS) on 14 May 2021, the work of the ESS has come to a complete halt. On 26 August 2021, at the meeting of social partners with the President of Slovenia Borut Pahor, who tried to settle the dispute between trade unions and government, social partners decided to prepare the Agreement on Reestablishing the Social Dialogue (Dogovor o obnovitvi socialnega dialoga). In the agreement, trade unions wanted to determine some content-related issues and protocols to be followed by members of the ESS. Employer organisations expressed their wish to return to tripartite social dialogue as soon as possible.

Social partners convened on 9 September 2021 to discuss the draft agreement prepared by trade unions. According to a trade union joint press release, the meeting was a complete failure as social partners could not reach an agreement on fundamental questions. While the government insisted that social partners have only a consultative role, trade unions referred to the Rule on the functioning of the ESS , where social partners are defined as equal and their decisions binding for all partners.

According to trade unions, the government negates the fundamental principles of the social dialogue and refuses to abide by the Rule on the functioning of the ESS .

Use of measure

After several months of obstruction, the first reunion of social partners in the Economic and Social Council (ESS) failed. A profound disagreement on the fundamental principle of tripartite social dialogue makes a further continuance of tripartite negotiations difficult.

Contents

• Other topics

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Does not apply to businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Trade unions Employers' organisations	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: Peak or cross-sectoral level

Involvement

After several months of obstruction, the first reunion of social partners in the Economic and Social Council (ESS) failed. A profound disagreement on the fundamental principle of tripartite social dialogue makes a further continuance of tripartite negotiations difficult.

Views and reactions

Employer organisations are willing to return to tripartite social dialogue as soon as possible. Trade unions refuse to uphold the tripartite social dialogue as long as the government reduces the position of social partners to a consultative role.

Sources

• 10 September 2021: Five trade union confederations, Press releas (www.zsss.si)