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18/09/2014
WELCOME
to the high-level meeting of employers from
across the Active Leisure sector in Europe
Congress House, London
17th September 2014
Please make sure you use our travel and expense
policy and complete and return the form to our
Brussels office – do NOT use “special” post
Cliff Collins
EHFA Programmes Director
#DIALproject
We aim to finish around 15,40 so you
can get your plane and train home.
Tea, coffee, lunch are provided.
Please turn off your phone and mobile devices
Owen Tudor
Head of European Union and
International Relations
The Trades Union Congress is the voice of Britain at work. With 54 affiliated unions representing 6.2 million working people from all walks of life, we campaign for a fair deal at work and for social justice at home and abroad.
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18/09/2014
The Importance of Social
Dialogue
The employers view
Cliff Collins
In the sub-sector of active leisure, there are
estimated to be over 80,000 companies employing
more than 500,000 workers.
Collectively, these companies can have a very
strong voice in their relationship with the EU
through social dialogue - but this is best done with
a collective effort and we need to improve the
structure of employer representation.
The DIAL project has also helped to clarify the
important issue of representation.
That is, who and what are the organisations that
represent the fitness and outdoor sectors at a
European level. The more support we have for EHFA
and EC-OE the clearer the message.
We will issue a press notice after this meeting – and
we want you to tell everyone ….
The existing structure of social dialogue is proving to
be very beneficial to employers, employees, national
associations and stakeholders throughout the EU.
Given that up to 80% of national legislation can be
influenced or impacted at some level by the EU, it is
necessary for the active leisure sector to have a strong
voice at the table to represent it in its dealings with
the European Union and EU institutions.
The overriding context of the
project has
been to build “capacity” between employers to
promote and protect the active leisure sector.
The potential exists for the active leisure sector to
contribute to a wide range of EU policy areas that
include supporting growth and entrepreneurship,
to create employment, act on the health agenda,
raise the skills of the sector and many more.
Dialogue
The employees view
Johannes Herber – UNI-Europa
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18/09/2014
Why an ESSDC in the sport sector
European Social Dialogue in the
sports sector
London, UK
September 17, 2014
Strong interaction between national and European social
dialogue
Promote the exchange of experiences and learning from
both sides of labour - employers and employees.
Secure the working relation between employers and
employees
Define minimum employment standards as required by
the high worker mobility in the sector
Professionalize the sector, which will encourage the
recognition of its potential in terms of job creation and
economic development
TWO YEAR TEST PHASE
Accomplishments
Joint Declaration on Mutual Recognition between
E.A.S.E. and UNI Europa (2008)
Joint Recommendation on minimum requirements of
employment contracts (2008)
Joint Statement on Health and Safety (2009)
Joint Statement on European Social Dialogue (2009)
Joint Statement on structure of the ESSDC (2011)
Guidelines on Working Time in the Sport and Active
Leisure Sector (2013)
Structure
European Social Dialogue - Sport
Plenary Committee
3 Standing
Committees
Not for Profit Sport
Active Leisure
Professional Sport Announced at the European Sport
Forum in Cyprus
19-21 September 2012
Active Leisure
Standing Committee
Joint basis of work:
Priority issues:
➤ Support growth and
economic success of the
industry
➤ Recognition of competences
and qualifications
➤ Raise the quality of service
ensuring consistent
standards
➤ Raise professional
recognition and status of the
workforce
➤ Health and safety (staff and
customers)
➤ Working time (whole sector)
➤ Minimum requirements for
contracts (whole sector)
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18/09/2014
Outlook
Current status
¾Working Time Guidelines
¾Development of OIRA tool
¾Health and Safety Guidelines
¾Representativeness still needs improvement
Thank you!
•
•
•
September 24-25
September 26
November 18
Conference “Sustainable Employment”
ESSDC working group
ESSDC plenary
Dialogue
The EU Commission view
Ellen Durst – EU Commission
European
social
dialogue
European social dialogue
• What is it?
• How does it work? What are the results?
• What are the challenges for the future?
Ellen Durst
European
Commission
17 September 2014
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What is it?
•
•
•
•
Institutional recognition
Both sides of industry
Bipartite and tripartite
Cross-industry, sectoral and at company level
How does it work? – Treaty
• Social partner consultation (Article 154 TFEU)
• Negotiation and implementation of social partner
agreements (Articles 155 TFEU)
• Voluntary process
• Implementation by Council Directive or ‘autonomously’
How does it work? – Structures
How does it work? – Sectoral
• Tripartite Social Summit
• Joint request (mutual recognition)
• Relate to specific sectors or categories and be
– Employers (BusinessEurope, CEEP and UEAPME)
– Workers (ETUC)
– Commission President, EU Presidency, President of the
European Council
• (Sectoral) social dialogue committees
– Commission not part of the dialogue
organised at European level
• Consist of organisations which are themselves an
integral and recognized part of Member State' social
partner structures and have the capacity to
negotiate agreements
• Have the adequate structures to ensure the
effective participation in the work of the Committee
How does it work? – Principles
What are the results?
• Rules of procedure
• Work programme
• Principles:
• Agreements (binding)
• Codes of conducts
• Joint opinions
• Balanced support by the Commission
• Respect of social partners‘ autonomy
Excluded: strike, lock-out, pay
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18/09/2014
Challenges for the future
•
•
•
•
Diversity of industrial relations systems
Visibility, follow-up and impact of results
Social partners‘ involvement in EU governance
Capacity-building
Summary of the DIAL project
Funded by the EU Commission to help develop
“capacity” for employers in the active leisure sector.
EHFA holds the contract, and it is due to completed by
November 2014.
Parallel work in European Skills
Competencies and Occupations (ESCO)
Updating Directive 2005/36 (2013/55)
Development of CEN standards
Possible sector skills agreements and
councils
New Commissioners, Parliament
Further information
Social Dialogue website
www.ec.europa.eu/socialdialogue
Social Europe guide - Volume 2 - Social Dialogue
(14/02/2012)
http://ec.europa.eu/social/main.jsp?catId=738&lan
gId=en&pubId=6352&type=2&furtherPubs=no
7 meetings involving over 140 organisations
3 levels of engagement:
structured employer base
partly structured
white space – no real contact
Delegates from 20 EU Member States
All details at:
http://www.ehfaprogrammes.eu/node/12
A closer look at defining our sector…
Historically in main classification systems
“fitness” has been associated with sport, but
the outdoor sector is not yet fully recognised.
The main system used in the EU is called
“Nomenclature des Activites Economiques” –
NACE Codes.
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SECTION R — ARTS, ENTERTAINMENT AND RECREATION
A closer look at NACE …
It is a statistical classification of economic activities in the
European Community with
38 main groups – e.g. construction, manufacturing,
telecommunications, etc.
99 separate divisions and over 1100 separate classes of
activity.
Definitions :
Active leisure is a combination of fitness and outdoor‐based activities that are generally unstructured and non‐
competitive. They promote active, healthy lifestyles through activities, events and exercise. They are commonly provided under the direction of qualified animators or instructors so that the activities are tailored to match the abilities of the participants and meet their needs in an enjoyable and safe way.
90 Creative, arts and entertainment activities
90.01 Performing arts 90.02 Support activities to performing arts 90.03 Artistic creation 90.04 Operation of arts facilities 91 Libraries, archives, museums and other cultural activities
91.01 Library and archives activities 91.02 Museums activities 91.03 Operation of historical sites and buildings and similar visitor attractions 91.04 Botanical and zoological gardens and nature reserves activities 92 Gambling and betting activities
92.00 Gambling and betting activities 93 Sports activities and amusement and recreation activities
93.11 Operation of sports facilities 93.12 Activities of sport clubs 93.13 Fitness facilities 93.19 Other sports activities 93.2 Amusement and recreation activities
93.29 Other amusement and recreation activities Definitions :
The fitness sector uses qualified instructors and trainers to deliver diverse, structured exercise programmes that help people of all ages and abilities to improve their health, muscle and cardiovascular endurance, coordination, balance, agility and flexibility. Fitness programmes also build a feeling of individual wellbeing that establishes and helps to maintain a healthy balance of mind, body and spirit.
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18/09/2014
FITNESS IS THE #1 SPORT IN THE EU!
Fitness
Health
Rehabilitation
Prevention
Wellbeing
Weight management
Third space
Key activities:
9 Setting standards to improve
quality/professionalism
9 European Affairs: inform and influence EU, IOC,
WHO, etc. and assisting national associations,
members and partners from Brussels
9 Improve the image of the fitness sector
9 Networking / Best Practices with conferences,
projects, research
9 EREPS roll-out across Europe
EU Platform on Diet & Physical Activity
EU Sport Platform
DG EAC Expert Groups
Education and Training
Health-enhancing physical activity
Herman Smulders
President of EC-OE
Anti-doping
Sport participation
ESCO
CEN working group
EU projects and contracts
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18/09/2014
ESCO
European Skills,
Competences,
Qualifications &
Occupations
DIAL
Social Dialogue in
Active Leisure
ELESA
European Learning
Syllabus for Outdoor
Animators
(EQFOA – CLO2)
+
European
+
Safety issues with
DG SANCO
+
Law (FR)
Ski-instructors
Insurance
Etc…
ThroughNati
onal Union
Head of State/Kingdom
Governments
National
Regional Authorities
ESCO
European Skills,
Competences,
Qualifications &
Occupations
DIAL
Social Dialogue in
Active Leisure
ESCO
ELESA
European Learning
Animators
(EQFOA – CLO2)
European
DIAL
European Skills,
Competences,
Qualifications &
Occupations
Social Dialogue in
Active Leisure
European
ThroughNati
onal Union
Safety issues with
DG SANCO
Safety issues with
DG SANCO
Law (FR)
Ski-instructors
Law (FR)
Ski-instructors
Insurance
Etc…
Insurance
Etc…
ThroughNati
onal Union
Governments
National
ELESA
European Learning
Animators
(EQFOA – CLO2)
Definitions :
The outdoor sector uses outdoor related activities (canoe, rafting, horse riding, … etc.) as the basis of delivery of a recreational or personal development service. Outdoor providers do not generally offer competitions. The outdoor sector uses qualified animators or instructors to deliver these outdoor activities in a context of fun, recreation, tourism, outdoor learning or engagement with the natural environment.
Governments
National
Outdoor Academic Network (informal)
Collages
Departments
Faculties
As a collateral result of the DIAL consultations ± 20 ‘Outdoor’ academics have been linked in the Outdoor Academic Network.
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18/09/2014
ESCO
European Skills,
Competences,
Qualifications &
Occupations
DIAL
Social Dialogue in
Active Leisure
ELESA
European Learning
Animators
(EQFOA – CLO2)
European
Safety issues with
DG SANCO
Law (FR)
Ski-instructors
Insurance
Etc…
ThroughNati
onal Union
ESCO
DIAL
Social Dialogue in
Active Leisure
ESCO
ELESA
European Learning
Animators
(EQFOA – CLO2)
European Skills,
Competences,
Qualifications &
Occupations
Based on
European Skills,
Competences,
Qualifications &
Occupations
With strong links to
Governments
National
ELESA = work in progress
• Job description
• Competences
• Learning Outcomes
ELESA
European Learning
Animators
(EQFOA – CLO2)
European
Safety issues with
DG SANCO
Law (FR)
Ski-instructors
Insurance
Etc…
ThroughNati
onal Union
Governments
National
Suggestion was made to broaden the ‘environment’ component with ‘non‐specific outdoor’ input factors such as:
‐Accommodation
‐Nutrition
‐Transport
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18/09/2014
Concern : How can the ‘consumer’ know an activity is safe ?
ESCO
European Skills,
Competences,
Qualifications &
Occupations
DIAL
Social Dialogue in
Active Leisure
ELESA
European Learning
Animators
(EQFOA – CLO2)
European
Zip wire accidents !!!
Safety issues with
DG SANCO
Law (FR)
Ski-instructors
Insurance
Etc…
ThroughNati
onal Union
Governments
National
The Telegraph
Free movement: Commission asks respect EU rules for ski schools
By Kate Foster (03/08/2014)
British mountain biking instructor faces jail in France over work ban
ESCO
DIAL
Social Dialogue in
Active Leisure
to • The European Commission has today requested that Austria respect EU rules concerning free movement of workers, freedom of establishment and freedom to provide services under Articles 45, 49 and 56 Treaty on the Functioning of the European Union (TFEU). Contrary to EU law, ski schools in the Austrian province of Tyrol can legally prohibit ski instructors from other Member States from teaching pupils from or already present in the Tyrol.
……. /
If the Austrian authorities do not reply satisfactorily within two months, the Commission may refer the matter to the EU Court of Justice. More information:
http://ec.europa.eu/internal_market/qualifications/index_en.htm
A mountain biking instructor is facing jail in France in a new legal battle over the right of Britons to work abroad. European Skills,
Competences,
Qualifications &
Occupations
10/07/2014
ELESA
European Learning
Animators
(EQFOA – CLO2)
EC‐OE Professional Liability Insurance ©
Safety issues with
DG SANCO
To be launched as from 15 Oct. 2014
European
Law (FR)
Ski-instructors
Insurance
Etc…
ThroughNati
onal Union
Governments
National
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18/09/2014
INSURANCE EC ‐ OE
MAXIMUM LIMITS
DEDUCTIBLE
PUBLIC AND PRODUCTS LIABILITY
Included: Theft from employees
Goods in care, custody and control
Accidental partition
€ 8.000.000 per claim
€ 15.000 per claim
€ 50.000 per claim
€ 600.000 per year
€ 500
€ 500
€ 500
€ 1.500
PROFESSIONAL LIABILITY
€ 1.500.000 per claim per year * € 500
The voice of the European Outdoors
= Coverage for intellectual errors, mistakes, wrong concepts
This coverage avoids discussion in case of a claim
A classical coverage public liability foresees only coverage if you work as a good family man
TARIFICATION
Fix premium + extra premium per employee (employee with less than 280 hours per year = 50%)
Three categories of activities
ACCIDENTAL POLLUTION
€ 600.000 per year
€ 1.500
JURIDICAL PROTECTION
€ 50.000
€ 650
* There is also an option with a limit of € 3.000.000
José Costa
EHFA EU Affairs Policy Officer
Date
March
April
May
Meeting
Group
Delegates
Questionnaires
7
Mijoux
1
21
7
9
Budapest
29
Brussels
2
16
6
11
5
26
9
10
Athens
14
Cologne
12
5
21
Tallinn
34
11
28
Bucharest
27
6
3
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New fitness national associations in development
and adding to the membership of EHFA-E
Lunch
Re-start at 13.30h
… and 3 new national associations joining EC-OE
What can possibly go wrong?
Jean-Yves Lapeyrère
Mark Gibbs
The symbiosis of professional practice and trade unionism
Steve Tolan – CSP Head of Practice
Professionalism and employee
representation
Steve Tolan
Professional, educational and trade union body for physiotherapy in the UK
#tolanPT
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18/09/2014
Physiotherapy
CSP facts and figures
Dates
• Founded in 1894
• Royal Charter since 1920
• CSP founding member of the World Confederation of Physical Therapists 1951
• CSP joins TUC 1993
Members
• 52,000 members
• 95% of UK physiotherapists
• 80% female profession
• Majority of members in NHS
Professional Practice
CSP Trade Union
• Not the regulator for physiotherapists
• Provides resources / advice / information to members regarding policy and professional practice
• Develops standards for physiotherapy and supports development of scope of practice
• Support members engage with continued professional development
• Strategically influences policy and decision makers on behalf of members and patients
• Encourages members to integrate evidence into practice
• Individual advice and representation in the workplace
• Campaigning on workplace issues that matter to our members
• Voice at work by network of stewards and safety representatives
• Support members with regulatory issues
• Point of contact by employers to workforce
Facultative Symbiosis
Case example
Trade Union
Trade Union
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18/09/2014
Qualifications, education and
mobility
Any questions? Email: tolans@csp.org.uk
: #tolanPT
To recap:

Both EHFA and EC-OE have been developing
occupational standards at a European level for
many years
Recognition and acceptance of “diplomas” is
complex – but main EU instruments such as the
Lifelong Learning Programme – EQF/NQF, ECVET,
etc should help

Improving quality and consistency in VET are a
challenge

Mobility of workers – Directive 2013/55
The European Register of Exercise Professionals (EREPS)
PART OF THE ANSWER TO HELP PROFESSIONALISE THE
EUROPEAN FITNESS SECTOR
A pan-European public register
of qualified exercise
professionals – who must meet
the minimum standards
EQF/SQF
(Bologna Process)
7 and 8
6
5
General Population
Special Population
Health and Fitness Advanced Exercise Specialist
Exercise for Health Specialist
Pre‐diabetes
Weight Management Specialist
(short cycle)
4
Personal Trainer
Pilates Trainer
3
Fitness Instructor
Group Fitness Instructor Group Exercise to Music
Aqua Fitness Instructor 2
Fitness Assistant
Youth Fitness Trainer (12‐17 years)
Children’s Fitness Trainer (6‐11 years)
Active Ageing Trainer
Registration is a “passport” or “professional card” for
fitness trainers and is a version of the the concept of a
professional card envisaged by the Commission in the
new Directive 2013/55
EU’s internal market is Europe’s best asset in times of
increasing globalisation. A fully functioning single market
for goods and services require addressing the remaining
obstacles to labour mobility.
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18/09/2014
Directive 2013/55/EU presents the agreed amendments to
Directive 2005/36/EC on the recognition of professional
qualifications (effective from Jan 2014)
It is a route to wider automatic recognition for
professional qualifications has been opened up by the
introduction of Common Training Frameworks (CTF’s). This
mechanism allows a group of 10 Member States to agree
on curricula based on a common set of knowledge, skills
and competences.
The new European Commission President, Jean-Claude
Juncker in his letter of appointment to Marianne Thyssen
said:
“Promoting free movement of workers, working closely
with national authorities to ensure that existing rules are
well understood and implemented, and will include making
sure that the Posting of Workers Directive is strictly
implemented. This activity will also benefit from the work
on the free movement of workers and recognition of
qualifications led by the Commissioner for Internal Market,
Entrepreneurship and SMEs.ʺ
To take advantage of this direction we need to understand:
What do our employers want – what can our employees
deliver, and what is the capacity of our training system?
We need some better organisation and structures and the
process of social dialogue is essential.
Health and safety – for customers
and employees
Health & Safety: Staff
Safety standards, for both staff
and costumers, are considered a
paramount issue for the success of
the Outdoor sector.
• The work carried out over the last few years by EC-OE on
“non-regulatory measures related to the safety of
outdoor leisure activities in the EU” (commissioned by
DG SANCO in 2013) is highly welcomed.
• However, suggestion was made to broaden the
‘environment’ component with ‘non-specific outdoor’
input factors such as:
- Accommodation
- Nutrition
- Transport
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18/09/2014
• Following similar experiences in countries such
as Belgium, Switzerland and The Netherlands,
the European Commission should develop a EU
wide ‘safety audit system’.
• Because of the mobility of workers and clients /
tourists alike, an EU wide approach is essential.
• Introducing an appropriate and sustainable
quality (safety) label for outdoor providers
would certainly be an asset for
tourists/customers/clients to select their
destinations and activities with more
confidence.
• In order to promote an appropriate and
sustainable quality (safety) label, maybe the
outdoors sub-sector should also line-up with
national and international tourism authorities.
Concern : How can the ‘consumer’ know an activity
is safe ?
Zip wire accidents !!!
The fitness sector is working on new standards through
CEN - the European Committee for Standardisation
Effectively there will be a contract with customers that
embraces national legislation, and a “duty of care”. This
will include:
access for people with disabilities
environmental considerations – vent. light, etc.
cleanliness/housekeeping
emergency procedures/first response
pre-activity readiness questionnaire
equipment manufacture (CEN)
supervised exercise … or not
Representativeness for the
Active Leisure Sector
Both EHFA and EC-OE have been operating for
many years as the “pan-European” associations
for fitness and the outdoor sectors - and are
membership based.
In 2012 the EU Commission published a
comprehensive survey of “representativeness” in
the sport and active leisure sector.
EHFA and EC-OE were identified as the main
associations representing employers in active
leisure
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18/09/2014
EHFA made a commitment to improve the
representation of employers and formed EHFAEmployers.
EC-OE is doing the same through the ELESA project …
This now has 14 national associations as its
members.
Both EHFA and EC-OE have worked closely with the
EU Commission in many areas – including education
and training, promotion of HEPA, health & safety,
research, etc. and now in ESCO with clear definitions.
For over 12 years EHFA has developed occupational
standards for fitness professionals and also oversees
the European Register of Exercise Professionals.
In November 2012 EHFA
and EC-OE signed a
cooperation which
effectively formed the
Active Leisure Alliance
All standards are referenced to the European
Qualification Framework – and therefore NQFs
We are both developmental and delivery associations
What is a sector skills council?
This includes the joint
work being done through
ESCO and with the
potential for a sector skills
council.
Since 2007 EHFA has operated an independent
Standards Council which has responsibility at a
European level for:
developing occupational standards,
researching skills issues,
overseeing EREPS,
accreditation of training providers
International standards meeting
So, we need representation from both
employers and employees
With some minor adjustments in the make-up of the
Council it is already a sector skills council for fitness.
As an economic sector active leisure employs more
people and has more revenue turnover than “sport”
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The next steps
The future of the active leisure sector
- it’s our choice and your decision
3. To protect and promote the interests of the
active leisure sector should we consider a
“next stage” development of the existing
EHFA / EC-OE cooperation to set-up a
European sector skills council?
Are there other issues that you would like us to develop?
We do not envisage a new legal organisation, but to build on our
cooperation for further research into skills, developing social
dialogue, etc.
Thank you for coming to this meeting in London and for
your valued contributions
We wish you a safe journey home
#DIALproject
PS: Don’t forget your travel expense reclaims … use the form, attach originals, send to our Brussels office
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