International Association Ofeconomicand Social Councils

International Association ofEconomicand Social Councils

And Similar Institutions

(AICESIS)

WORKSHOP ON GOOD PRACTICES IN ESCs AND SIMILAR INSTITUTIONS

Madrid (Spain), 3-4 March2016

CES de Espana -Calle Huertas n°73 – 28014 MADRID

QUESTIONNAIRE

1 Relations between the ESC-SIand the Government/Parliament

-Does the work of the ESC-SI address the Government/Parliament/both?In the latter case, is there any type of distribution for the activities of the ESC-SI (reports, opinions, etc.) between those that address one or the other?

○ The Economic and Social Development Commission of Korea (ESDC) is a body of social dialogue and a Presidential advisory body, where the representatives from workers, employers and the government come together to discuss and consul labor and labor related economic, social and industrial policies.
* The ESDC is governed by the ESDC Act.
○ The Plenary Committee of the ESDC includes the Deputy Prime Minister & Minister of Strategy and Finance, the Minister of Employment and Labor and the Minister of Trade, Industry and Energy, all as the representatives of the Government.
- The Government draws up labor bills based on the tripartite agreements concluded at the ESDC and submits them to the National Assembly (Parliament).
○ The National Assembly, in adopting labor laws, gives the greatest possible respect to the bills built upon tripartite agreements.

-Regarding the relation with Parliaments and apart from the issue of reports and opinions, is there any institutional formula for relations (such as parliamentary hearings for the Chairman or the Council Members during the processing of specific Bills of Law or of a regular nature)?

○ The ESDC and the National Assembly co-host public debates and hearings on the key issues related to labor bills to collect the opinions from the experts in various fields and the general public and reflect those opinions in the process of legislation.

-Does ESC-SI activity with regard to the Government/Parliament take place only at the request of the latter institutions, or may it be at the initiative of the ESC-SI?

○ Concluding a tripartite agreement is a unique function of the ESDC.
- The Government submits the labor bills which incorporate the tripartite agreements concluded at the ESDC to the National Assembly for the purpose of legislation.
- The ESDC, in case it fails to reach a tripartite agreement on a particular issue, delivers its public interest members’ recommendation to the Government.

2 Relations between the ESC-SI and Ministerial Departments.

-Regarding relations with the administration and organisations, is the ESC-SI included within the organic structure of any Ministerial Department or does it have its own specific organic structure?

○ The ESDC of Korea is a state-run Presidential advisory body, but is an independent body of social dialogue among the three parties, unlike the other government ministries.

-Are there members of the ESC-SI who represent the Government or Ministerial departments?

-Does the ESC-SI have its own funds?

○ The Plenary Committee of the ESDC, which has the highest decision-making mandate within the ESDC, includes the Deputy Prime Minister-cum-Minister of Strategy and Finance, the Minister of Employment and Labor and the Minister of Trade, Industry and Energy, as the representatives of the Government.
- All of the consultative bodies under the ESDC, including the Standing Committee and the committees by agenda or industry, include the representatives from the Government.
○ The budget of the ESDC is part of the budget allocated for the operation of the Ministry of Employment and Labor.

-Do the members of the ESC-SI or of the organisations forming it receive any type of remuneration for their activity?

○ The ESDC gives ‘participation allowance’ and ‘presentation expense’ to all the participants in its consultative bodies (including the Plenary Committee sessions) who represent workers’ or employers’ organizations or are the public interest members (that is, no remuneration is offered to the participants representing the Government).

-Regarding the functioning of the ESC-SI, in addition to informing on draft legislation, does it also inform on government programmes or administrative action in specific areas? Do representatives of Ministerial departments participate in the drafting of reports and opinions(for example, in hearings)?

○The representatives from labor unions, employers’ organizations and the Government all take part in the process of concluding and wording a tripartite agreement. In case the tripartite representatives fail to reach an agreement, the public interest members of the ESDC draw up a recommendation.
* The ESDC delivers the public interest members’ recommendation to the Government.

3 Relations between the ESC-SI and social agents

-Relations with processes of social consultation. Do processes of social consultation take place completely or partly within the ESC-IS? Is the ESC-SI involved in any way in collective bargaining?

○ The processes of social consultation take place completely within the ESDC.
○ The ESDC’s committees by industry or agenda first go through the process of discussing a particular issue, making further consultations and reaching an agreement; the Standing Committee reviews the agreement; and then the Plenary Committee conducts a final review on the agreement and adopts a resolution.
○ As collective bargaining should be done autonomously between the workers and employers, the ESDC usually refrains from getting involved in collective bargaining. However, in case the conflict between the employees and employersduring collective bargaining leads to a serious social disturbance, the Chairman of the ESDC is sometimes involved in mediating the conflicting parties or the relevant issues are sometimes adopted by the ESDC as the points for discussion.
○ The ESDC may discuss policy options and possible programs to increase the efficiency of collective agreement and improve the mechanism of collective bargaining.

-If social consultation processes take place outside the ESC-SI, does the latter have any function relating to social consultation? (For example, does it draft information and documentation to facilitate consultation, or adopt initiatives to form part of social consultation, or monitor the results of social dialogue?).

○ The ESDC is the only body of social dialogue in Korea that makes consultations on overall labor policy issues and reach tripartite agreements on those issues.
- However, minimum wage is discussed and determined by the tripartite members of the Minimum Wage Council of Korea.

-Relation with social agents. Apart from the fact that social agents are members of the ESC-SI, is there any procedure or formula whereby the ESC-SI relates with social agents(for example, joint meetings, participation in social agents’ activities, etc.)? Can members of organisations representing social agents participate in meetings of the ESC-SI, even if they are not members of it (for example, as specialists in certain areas, etc.)?

○ The ESDC has hosted seminars on the current key issues, jointly with labor unions and employers’ organizations, and it has also participated in the seminars and conferences hosted by the labor unions and employers’ organizations.
- In addition, the ESDC has operated some separate research committees which bring together social agents for discussion on relevant issues, such as ‘Social Dialogue Forum’, ‘Job Skills Development Promotion Forum’ and ‘Research Committee on Wage’.
○ The experts representing labor unions and employers’ organizations or civic groups voice their opinions by participating in the ESDC’s meetings as presenters, etc.

4 Relations between the ESC-SI and civil society(For the purpose of this questionnaire, two types of civil society organisation are considered – those that are not classed as social agents but participate in socioeconomic processes and activities, such as the social economy, consumers, etc., and those that represent social interests defined by the promotion of values such as equality, environmental protection, etc.)

-Do organisations representing civil society form part of the ESC-SI? What type of organisations are they(based on the notions given above for the purpose of this questionnaire)?

-How is this representation organised within the ESC-SI (for example, a specific group, or forming part of other representative groups…)? How is the representativeness of these organisations accredited?

○ Civil society organizations representing women and non-regular workers are the members of the ESDC, such as the Plenary Committee, the Youth Employment Committee and the Civil Society and Labor Forum.
○ The Plenary Committee of the ESDCincludes the Chairperson of the Korean National Council of Women; the Youth Employment Council includes the representatives of the youth organizations such as the Youth Alliance for the Future of Korea, Paul & Mark, and the Youth Society; and the Civil Society and Labor Forum includes the representatives or experts from the Korean Contingent Workers’ Center, the Citizens’ Coalition for Economic Justice, the People’s Solidarity for Participatory Democracy and the Youth Community Union.

-If there is no representation of civil society in the ESC-SI, or if it does not include the two types of organisation used for the purpose of this questionnaire, are there any formulae, either institutionalised or not, for relations with these organisations? (For example, joint bodies, liaison committee, period meetings, meetings for specific purposes such as the drafting of a specific report or opinion)

-When civil society organisations do not participate in the ESC-SI but do participate in other institutional bodies, is there any formula for relation or collaboration with such bodies?

-Apart from the participation by civil society organisations in the ESC-SI, are any people or institutions designated to form part of the ESC-SI on the basis of their relevance (public, scientific, etc.) (for example, experts on socio-economic matters, academics, researchers...)?Do they participate on an equal footing with other Council Members, or do they have a separate status (for example, participation without voting rights)?

○ In each and every committees of the ESDC, college/university professors, researchers or other experts on socio-economic matters participate with the status of public interest member.
○ Public interest members take part in the process of reaching a tripartite agreement, and make recommendations or perform a mediating role to resolve the differences among the tripartite members.

-Does the ESC-SI have any type of relation, either institutionalised or not, with universities, research centres, etc.? If so, does this relation involve participation in the drafting of reports or opinions (for example, as specialists in certain areas).

○ The ESDC signed an MOU with the Korea Labor Institute (KLI) and, under the MOU, has conducted joint studies or held joint seminars in relation to the key issues.
○ If it is required by the particular agenda for discussion, the experts from the KLI and other research centers on social-economic matters participate in the committees of the ESDC as public interest members and present their opinions in the course of drafting and concluding a tripartite agreement.

5 Evolution of the ESC-SI

-Have there been any changes in recent years regarding the definition of the role of the ESC-SI, its competencies, composition or procedures for action? If so, describe them.

○ The title* and functions of the ESDC were changed in 2007, with the aim of extending the scope of its agenda for discussion to cover relevant economic, social and industrial issues, as well as labor affairs.
* Korea Tripartite Commission→Economic and Social Development Commission of Korea
○ In recent years, the ESDC has been working to revise the ESDC Act to ensure that the representatives from the organizations of young people, women, small businesses and non-regular workers participate in each and every committees of the ESCD as full members for the purpose of reinforcing representaton of the ESDC.

-Have such changes been based on Government or Parliament criteria, agreements by the social agents or a combination of both (for example, relating to social consultation agreements)?

○ Any law revision intended to change or expand the functions of the ESDC is made with the agreement or consents of the tripartite participants in the ESCD.

-What was the reason for such changes? Were they related in any way to budgetary restrictions stemming from general criteria to cut public expenditure?

-Have any strands of opinion or political criteria been observed posing the need to review the role of the ESC-SI, or even to reconsider its very existence? To what extent have these influenced any changes that have taken place in the ESC-SI?

○ The reviews and discussions on the roles and functions of the ESDC had been made on several occasions, especially when the union unions stayed away from the ESCD for a prolonged period of time due to its conflict with the Government or the employers’ organizations.

-What aspects of the activity of the ESC-SI, as defined in the original model or resulting from changes in it, may have helped maintain the role of the ESC-SI?

○ The ESDC, since its foundation in 1998, has reached 166 tripartite agreements which contribute to overcoming economic crises, promoting social cohesion, enhancing workers’ basic rights, increasing the efficiency of labor relations and the labor market and expanding social security for improving the quality of working life.

6 Training for members of the ESC-SI (when answering these questions, please take into account your answers under point 4)

-Is there any system for expanding the knowledge and information of the ESC-SI members? Is there a formula that can be used regularly (for example, training courses)? Or does it depend on specific needs?

○ Although the ESDC has no separate education/training program for its members, it holds regular workshops in which the members make in-depth discussions on the current key issues relating to labor, economic, social and industrial policies.
○ In addition, the members are often part of the commissioned research projects on the key issues that are dealt with in the committees of the ESDC.

-What are the most usual topics for such activities(general economic information, negotiation techniques, etc.)?

-Does the ESC-SI have its own technical structure? If so, what is the professional profile of such personnel?

-Does the ESC-SI use outside technical support? If so, of what sort? What systems have been established for such outside collaboration (for example, agreements with universities or research centres,)?

○ The ESDC and the Korea Labor Institute(KLI), in accordance with the MOU between themselves, have conducted joint surveys and studies on major policy issues.

-Is there any system for improving the knowledge and information of the ESC-SI technical staff? Is there a formula that can be used regularly (for example, training courses)or does it depend on specific needs? What topics are the most usual in such activities?

○ The research and technical staff has regularly participated in the Government’s education/training programs related to social dialogue or labor relations.
○ Furthermore, they take part in some regular workshops for tripartite members to exchange the opinions on key issues with each other, and participate in the ESDC-commissioned research projects.

7 Techniques for fostering agreements within the ESC-SI

-Are there any aspects in the ESC-SI regulation and in its regular procedures that foster consensus-building (for example, discussion of matters in working groups before they reach more institutionalised bodies, participation by outside specialists or experts)?

○ The ESDC is a body of social dialogue (a Presidential committee) in which workers, employers and the Government, based on mutual trust and cooperation, discuss labor policies and relevant economic and social policy issues, and it is also a statutory body which is governed by the Economic and Social Development Commission Act.
○ Accordingly, the structures and procedures of the ESDC that foster consensus-building (composition and operational mechanism of the ESDC, appointments and terms in office of the Chairperson and other members, the types and procedures of meetings, etc.) are all prescribed in the Act.
- The Act provides that each and every committee of the ESDC, including the Plenary Committee, the Standing Committee and the committees by industry or agenda, shall include outside specialists or experts, as well as tripartite representatives.
* The term in office of the members in the Plenary Committee and the Standing Committee is 2 years (renewable), and the committee by agenda or industry shall be operated for up to 1 year but, if necessary, may be extended for another year.
* The number of outside specialists or experts is 2 in the Plenary Committee; 4 in the Standing Committee; and 5~7 in each committee by agenda or industry (a larger number of outside specialists or experts are possible for each committee).
- A final agreement is made in the Plenary Committee (chaired by the ESDC Chairman) which consists of the top representatives from the labor unions, employers’ organizations, the government and the public interest members, and the techniques and procedures fordeciding agreements are specified in the Act.
- The Standing Committee, which is made up of the second-highest representatives from the three parties and the public interest members, reviews or coordinates the agenda or points for discussion in advance before forwarding them to the Plenary Committee.
- The committees by agenda or industry, which are placed under the Standing Committee, are composed of the working-level officials from the three parties and the public interest members, and draft an agreement which will be forwarded to the Standing Committee and the Plenary Committee.
○ That is, the procedures for agreements involve 1) drafting agreements in the committees by agenda or industry, 2) review and coordination of agreements in the Standing Committee, 3) conclusion of final agreements in the Plenary Committee.
- In order to speed up the procedures, work is being done to revise the Act to remove the Standing Committee so that the draft agreements adopted by the committees by agenda or industry may go directly to the Plenary Committee.
○ The ESDC has the Secretariat which performs administrative and clerical duties and is composed of ‘Administration Division’, ‘External Affairs and Cooperation Division’ and ‘Specialists’ Division’.

-Are there any specific formulae for resolving deadlocks in consensus-building (for example, a casting vote for the Chairman, action by external experts, …)?