ENHANCING CAPACITY FOR SOCIAL DIALOGUE AND TRIPARTISM - PowerPoint Presentation

1. ENHANCING CAPACITY FOR SOCIAL DIALOGUE AND TRIPARTISMFOR BETTER POLICYMAKING19-21 October 2015Fontana Hotel, Clark Special Economic Zone, PampangaATTY. BENEDICTO ERNESTO R. BITONIO JR.Consultant

2. OutlinePolicy, practice and subject matter of SD and tripartismThe policy cycle: principles and applicationsSD and tripartism as means to manage diverse interests and conflictsInterest-based negotiation (IBN) principles and its application to SD and tripartismSetting the agendaSD Beyond the Enterprise/BERBitonioJr

3.

4. What is SDSD is engagement, participation and collaboration among partners. It includes –All types of negotiation, consultation or exchange of information Between or among, representatives of governments, employers and workers On issues of common interest relating to - economic and social policyproductivity and terms and conditions of employment welfare and well-being of workers SD Beyond the Enterprise/BERBitonioJr

5. An expanded term for a familiar conceptILO started using SD in 1998 as one of the four pillars of its DECENT WORK agenda. But SD processes such as NEGOTIATION, CONSULTATION or EXCHANGE OF INFORMATION, and TRIPARTISM have been practiced for a long time in many countries, including in the Philippines . . .. . . as a strategic and democratic approach of promoting harmonious and productive relations between workers and employers.SD Beyond the Enterprise/BERBitonioJr

6. SD is part of the country’s industrial relations system Institutionalized and embedded in the system thru -ILO Conventions 87, 98, and 144, which the Philippines ratifiedConstitution, which recognizes the rights to self-organization and collective bargaining, workers’ participation, just sharing in the fruits of production, and reasonable returns on investments for employers. Labor Code, as amended, thru free trade unionism, enterprise level collective bargaining and, beyond the enterprise level, tripartism.SD Beyond the Enterprise/BERBitonioJr

7. SD is a common practice in enterprises, in obligatory and voluntary formsWhen workers and employers,As a matter of obligation and duty, engage in collective bargaining, negotiate, conclude and administer a CBA, or solve differences thru the grievance mechanism, or join DOLE compliance officers in making an LLCS assessment Or voluntarily set up communication and problem solving mechanisms, such as LMCs, general assemblies and the like, whether or not the employees in the enterprise are represented by a unionSD Beyond the Enterprise/BERBitonioJr

8. Outside the enterprise, SD is often synonymous with tripartismPracticed when representatives of workers, employers and government –Decide minimum wage adjustments (RTWPBs)Adjudicate appeals (NLRC proper)Decide on policy matters (NWPC, TESDA, POEA, OWWA, SSS)Formulate policy recommendations (TIPC, TVAC)Settle cases thru conciliation and mediation (DOLE’s SEADOs, NCMB, NLRC)Affirm commitment to good principles (ITCs/RTIPCs)SD Beyond the Enterprise/BERBitonioJr

9. As a consultative process, tripartism has a long track recordIPA (1953) introduced area-wide labor-management conferencesLabor Code introduced national tripartite conferencesTripartite Review Committee (1986) provided significant inputs to 1989 Labor Code amendmentsIndustrial Peace Accord (1990) affirmed good principles and set up of the TIPCSocial pacts on structural adjustments (1994) Resolutions in the Employment Summit of 1995Several national tripartite conferences held throughout the 1990sSD Beyond the Enterprise/BERBitonioJr

10. Tripartism as labor relations policy strengthened thru R.A. 10395Formally provides legislative recognition of the TIPCStructures tripartism at national, regional and industry levels, supplemented by tripartite conferences from time to time in which other interest groups may also participateAims to be a continuing forum for tripartite advisement and consultation in aid of streamlining the role of government, empowering workers’ and employers’ organizations, enhancing their respective rights, attaining industrial peace, and improving productivity.SD Beyond the Enterprise/BERBitonioJr

11. 7-fold functions of the TIPC (1)(1) Monitor implementation of and compliance with all tripartite instruments, including international conventions and declarations, codes of conduct, and social accords(2) Participate in national, regional or industry-specific tripartite conferences(3) Review existing labor, economic and social policies and evaluate local and international developments affecting them(4) Formulate, for submission to the President or to Congress, tripartite views, recommendations and proposals on labor, economic, and social concernsSD Beyond the Enterprise/BERBitonioJr

12. 7-fold functions of the TIPC (2)5) Advise the Secretary of Labor and Employment in the formulation or implementation of policies and legislation affecting labor and employment(6) Serve as a communication channel and a mechanism for undertaking joint programs among government, workers, employers and their organizations toward enhancing labor-management relations(7) Adopt its own program of activities and rules, consistent with development objectivesSD Beyond the Enterprise/BERBitonioJr

13. Tripartism as a consultative process:structure and levelsSD Beyond the Enterprise/BERBitonioJrA continuing forum for tripartite advisement and consultation . . .. . . for empowerment, respect for rights, industrial peace and productivity.

14. Individual exercise

15.

16. What is policy?SD Beyond the Enterprise/BERBitonioJr

17. Major areas of labor policyHuman resource developmentEmployment and pre-employment, local and overseasSecurity of tenureWorking conditions (wages, GLS and OSH) Freedom of association and right to organize and collective bargaining, shared responsibility, and workers’ participation in policy and decision-making processesSocial protectionLabor administration, enforcement and dispute settlementSD Beyond the Enterprise/BERBitonioJr

18. More than ever, systematic policy analysis is demandedSD Beyond the Enterprise/BERBitonioJrPOLICY ANALYSIS**Pal, 2001

19. Models of policy analysis RATIONALPolicy is formulated consciously and intentionallyPolicy choice – greatest results, least costsLinear, systematic, purposive, efficientEMERGENTPolicy is corrective rather than intended or plannedPolicy is not the action itself, but a mental construct, a string of phrases and ides Policy is not what governments say. It is what they do.

20. The POLICY CYCLE ModelPOLICYSD Beyond the Enterprise/BERBitonioJr

21. Policy analysis employs qualitative and quantitative tools . . .SD Beyond the Enterprise/BERBitonioJrPOLICY ANALYSIS*Policy analytics

22. Policy analysis employs qualitative and quantitative tools . . .SD Beyond the Enterprise/BERBitonioJrPOLICY ANALYSIS*Policy analytics**. . . there is increasing reliance on fact-based, evidence –based and quantitative approaches.

23. Informed policy analysis requires clarity of POLICY CONTENTPROBLEMGOALSINSTRUMENTS. . . lack of clarity is a major cause of poor policy quality. SD Beyond the Enterprise/BERBitonioJr

24. Elements of policy contentRecognition, definition and statement of the policy problemAppearance of problems in clustersCausalityStatement of the policy goalsIntermediate vs. ultimateSpecific vs. general or vaguePolicy goal vs. real goalChoice of policy instrumentsFor example, promotion, provision, regulation, expenditure, etc., or a combination thereofSometimes constrained by legitimacy, legality and practicalitySD Beyond the Enterprise/BERBitonioJr

25. Applying the principles:identifying public policy problemsGuide questions in identifying a public policy problem. What is the situation when the problem arose?What are the manifestations and causes of the problem? Why is there a need for policy action? What is the public interest involved? How widespread is the problem? What are the consequences if the problem is not addressed? Who will benefit from the policy? Who will be disadvantaged? Are there other policies that might be used to address the problem?SD Beyond the Enterprise/BERBitonioJr

26. Role Play 1Reconciling policy areas

27. Applying the principles:defining policy goalsGuide questions in defining policy goalsIs the policy goal pre-determined or yet to be formulated?What is the relevance of the policy goals? Is there an existing policy that addresses the problem? What are the objectives of this policy? To what extent have these objectives been attained? What are the short, medium and long term goals and objectives?What are the expected short, medium and long-term effects, outcomes and impacts of the policy?What is the criteria for success? SD Beyond the Enterprise/BERBitonioJr

28. Role Play 2Defining policy goals

29. Applying the principles:choosing the policy instrumentsA policy instrument is the manner in which policy shall be carried out -ExhortationPromotionProvisionRegulation Expenditure (i.e., subsidies, grants)The three great State powers are broad policy instruments – police power, eminent domain, taxationSD Beyond the Enterprise/BERBitonioJr

30. Applying the principles:choosing the policy instrumentsGuide questions in choosing policy instrumentsWho is authorized to make the policy decision? In what form will the policy be expressed?Is there a private interest that is directly affected? What specific behaviors does it seek to promote or discourage and what are the means of doing so? Will it create new rights , responsibilities and duties? Are there constraints in adopting a particular policy instrument?How will the policy be administered?What are the costs and benefits to the State and to the parties affected?SD Beyond the Enterprise/BERBitonioJr

31. Role Play 3Choosing policy instruments

32.

33. SD and tripartism are means to address diverse interests and conflictsUseful concepts –A conflict is a situation when the interest/s of one or more persons or groups are or seem be in opposition to the interest/s of some other person(s) or group(s). A dispute is the overt manifestation of a conflict, such as a deadlock in negotiations or a grievance.SD Beyond the Enterprise/BERBitonioJr

34. Types and sources of conflictsInterest conflictsactual or perceived competition over substantive, procedural or psychological interests.Structural conflictsunequal control, ownership or distribution of resources, or environmental or time constraints.Value conflictsdiffering ideologies, religious beliefs, cultural norms and ethnicity.SD Beyond the Enterprise/BERBitonioJr

35. Types and sources of conflictsData conflictslack of information, misunderstanding, or differences over the interpretation or relevance of data.Relationship conflictsbreakdown in interpersonal acceptance, liking, communications and understanding.SD Beyond the Enterprise/BERBitonioJr

36. Policies and principlesin managing diverse interests and conflictsWithin the enterprise, the preferred policy is for shared responsibility and consensual modes of dispute settlementOutside the enterprise, it is workers’ participation in policy and decisionmaking processes on matters affecting their rights and welfare thru SD and tripartism.Within and outside enterprises, FoA for workers and employers is a foundational requirement.SD Beyond the Enterprise/BERBitonioJr

37.

38. What is IBNAn established technique for negotiation in which the parties meet to identify and discuss the issues and attempt to arrive at a mutually acceptable solution. It is a positive effort by the parties to resolve a dispute in collaboration rather than competition. The main focus is to negotiate on common interests of the parties rather than their relative power or position. It helps to reduce the importance of how the dispute occurred. It creates options that satisfy both mutual and individual interests. Interest based negotiations are also referred to as principled or win-win negotiations or interest based bargaining. This informal process is one of the most important methods of dispute resolution. SD Beyond the Enterprise/BERBitonioJr

39. IBN shifts the focus of negotiationtoward common interest and mutual gainsPOSITION-BASEDWe are dividing a pie of a fixed size and every slice I give is a slice I do not get. Thus, I need to claim as much value as possible by giving as little as possible.Objective is to maximize self-interest (Rational choice)Start high/low, concede slowlyExaggerate value of concessionsArgue forcefullyRidicule, attack, intimidateI win, you lose.IBNNegotiation is expanding the pie and creating more value. What can the other person accept which, if I were in his or her shoes, I would also accept?Objective is to create mutual gains (Strategic choice)Inventiveness, cooperationJoint-problem solvingCreating/improving a relationship Exploring mutually held norms and principlesSD Beyond the Enterprise/BERBitonioJr

40. But IBN is equally useful in resolving conflicting interestsThus –The main focus is to negotiate on common interests of the parties rather than their relative power or position.But -IBN is equally useful in resolving conflict, or a situation when the interest/s of one or more persons or groups are or seem be in opposition to the interest/s of some other person(s) or group(s). SD Beyond the Enterprise/BERBitonioJr

41. IBN steps and techniquesSeparate the people from the problem. Attack the problem, not each other.Focus on interests rather than positions. Don’t confuse people's stated positions with their underlying interests. Positions often tend to obscure what people truly hope to gain thru negotiation.Generate a variety of options before deciding what to do. Develop a wide range of possible solutions as part of the negotiating process. These possible solutions should attempt to advance shared interests and reconcile differences.Base the result on objective and fair criteria. SD Beyond the Enterprise/BERBitonioJr

42. The 4-step IBN techniqueSTEPSGROUP PROCESS TECHNIQUESISSUE. What is the problem?Identify the issuesDiscuss and share informationFocus (consensus and agreement on the issue)INTEREST. Why is there a problem?Identify interests Discuss and share informationClassify interests as separate, common (mutual), or conflictingOPTIONS. How might the problem be solved?Brainstorming (find options, alternatives and solutions)Find the BATNA and the WATNASTANDARDS. How might the options evaluated?NormingEvaluationDecision (judge the options with the standardsSD Beyond the Enterprise/BERBitonioJr

43. Role Play 4Formulating a policy content statement

44. Role Play 5Assessing impact, generating options

45. Evaluation standards: policy should satisfy the characteristics of good governanceSD Beyond the Enterprise/BERBitonioJr

46.

47. Group exercise

48.