Social dialogue and collective agreements.

 

Social dialogue plays a central role in shaping national approaches to the psychosocial working environment. Evidence shows that OSH policies and regulations tend to be more effective when employers’ and workers’ organizations are involved in their development, monitoring and implementation, as participation strengthens legitimacy, improves compliance and facilitates adaptation to sectoral and organizational realities. In the area of psychosocial risks in particular, the knowledge and experience of workers and employers are essential for identifying organizational features, understanding sectoral risk patterns and designing responses that reflect actual work processes. Social dialogue mechanisms – whether through national tripartite bodies, bipartite committees, sectoral platforms or workplace-level structures – thus provide an important foundation for embedding psychosocial risk prevention within OSH systems. Approaches differ across countries as regards the respective roles of legislation and collective bargaining. In some contexts, trade unions have favoured keeping psychosocial risk prevention firmly anchored in binding OSH legislation, in order to ensure universal coverage and avoid making fundamental protections subject to negotiation. Collective bargaining is then used to develop sector- or enterprise-specific provisions that operationalize legal requirements, rather than to replace them. This division of roles helps preserve minimum standards while allowing negotiated solutions to reflect differences in sectors, occupations and work organization. Collective bargaining and sectoral agreements can nonetheless play an important role in translating shared priorities into concrete measures. Sector-level agreements are often particularly relevant, as psychosocial risks frequently follow sectoral patterns linked to work organization, exposure to emotional demands or working time arrangements. In many countries, collective agreements complement legislation by specifying procedures for identifying psychosocial risks, defining indicators of stress or workload imbalance, establishing consultation mechanisms and outlining preventive actions tailored to sectoral contexts. At enterprise level, workplace agreements and cooperation mechanisms offer flexibility and adaptability to specific organizational circumstances, although their effectiveness may depend on the presence of worker representation, organizational capacity and enforcement mechanisms. Taken together, negotiated approaches at different levels present both advantages – such as contextual relevance and ownership – and limitations, including uneven coverage and variability in implementation.

Beyond collective bargaining, other forms of social dialogue have also contributed to psychosocial risk prevention. Advisory opinions and recommendations issued by national economic and social councils, joint frameworks developed by social partners, and collaborative initiatives such as joint surveys, pilot projects, guidance materials and awareness campaigns have played an important role in shaping policy debates and supporting implementation. These instruments can influence legislation, inform enforcement practices and promote shared understanding, even where they are not legally binding. In Europe, social partners have been particularly active in shaping responses to psychosocial risks through a range of social dialogue mechanisms. The 2004 European Framework Agreement on Work-related Stress stimulated national and sectoral engagement not only through collective bargaining, but also through joint guidelines, recommendations, awareness-raising activities and policy-oriented initiatives, and influenced legislative developments in several countries (e.g. Belgium, Czechia, Hungary, Italy, Latvia, Lithuania, Portugal, and Slovakia). In Belgium, national bipartite social dialogue has combined inter-professional agreements with non-binding recommendations and pilot initiatives on psychosocial risks and burn-out, which have informed workplace practices and supported subsequent regulatory and policy developments (Conseil national du travail). In France, the cross-industry agreement on work-related stress sets out shared objectives to raise awareness, identify stress factors, and promote measures to prevent, reduce, or manage work‑related stress.231 Denmark has a long-standing tradition of joint initiatives, including public-sector agreements, sectoral guidance and tripartite tools requiring workplace cooperation bodies to develop stress-prevention measures that complement OSH legislation (EU-OSHA). In Romania, the European agreement was implemented directly through national collective bargaining, while in countries such as the Kingdom of the Netherlands, Hungary and Spain, psychosocial risk prevention has been integrated into broader cross-industry or sectoral frameworks combining agreements, joint guidance and sector-specific tools, including in agriculture, call centres, social services, hospitality and the public sector. Beyond Europe, social dialogue on psychosocial risks has developed more unevenly, but several examples illustrate how collective bargaining, tripartite cooperation and joint initiatives can complement legislation and public policy. In Australia, unions and employer organizations have worked through tripartite structures under Safe Work Australia and state jurisdictions to develop model codes of practice on managing psychosocial hazards, which are commonly referenced in sectoral and enterprise agreements dealing with workload, rostering, bullying, organizational change and consultation and dispute resolution. In Canada, particularly within the federal public service, social dialogue has combined collective agreements with joint initiatives to implement the National Standard for Psychological Health and Safety in the Workplace. This has included the establishment of joint mental health committees, shared monitoring arrangements and collaborative tools addressing organizational change and workload management. In Chile, recent framework agreements in the central public administration include a dedicated workstream on mental health and psychosocial well-being, with joint commitments to strengthen preventive measures and improve working conditions affecting public employees. In South Africa, bargaining councils in the health sector have negotiated access to counselling, debriefing and psychosocial support for workers exposed to traumatic events.