Skills Development and Labour Union- A Case Study on the Analysis of the Role of Labour Union in Skills
3. Skills Development and the Role of Trade Unions
1) Engagement of trade unions in skills development- major issues and purposes
Increasingly, countries as Germany are recognising that good initial vocational education and training (IVET) has a major contribution to make to economic competitiveness. Many of the unskilled jobs which existed in Germany a generation ago are fast disappearing, either because
they have been replaced by technology or because Germany cannot compete with less developed countries on labour costs. Instead Germany needs to compete on the quality of goods and services it provides. That requires a well-skilled labour force with a range of mid-level trade, technical and professional skills alongside those high-level skills associated with university education. More often than not, those skills are delivered through vocational programmes.
The German Trade Unions strives for a society founded on solidarity which includes not only collective agreements to protect the conditions of employment and payment. More over the German trade unions are highly engaged in all matters of education and training, especially in vocational education and training and lifelong learning for more than just political, union-related reasons – well qualified employees enable better collective bargaining agreements. The Vocational Training Act, established in 1969 and revised in 2005 with its participation regulations (employers, trade unions, government) represents a god platform for this purpose.
The two major economic interest groups (employers and trade unions and their organisations) agree that the companies hold a key position in training their employees. The companies are ultimately the place where the qualitative and quantitative demand for vocational training is defined. Therefore, the employer representatives and organisations exert an influence on the structure and development of vocational education and training above and beyond the possibilities opened to them in the Vocational Training Act. For this reason education policy is also given broad emphasis within the sphere of responsibility of the employer organisations. This also applies to the trade unions, which agree to some extent with the employers (averting excessive government influence on vocational training), but which also take on a corrective position vis-à-vis the employers in some matters (e.g. increased emphasis on the mobility aspect in training regulations) and are extensively involved in all questions and decisions regarding vocational training.
With regard to this purpose and due to the dynamic changes in working environment, for German trade unions it is all the more important that every employed person has a wide range of qualifications. Consequently all employees must be given access to initial training and further training courses to ensure that each individual can face the challenges of a global, knowledge- intensive labour market with self-assurance. Based on this issue the German trade unions have engaged for skilled development since many decades and are involved in an ongoing process of codetermination social responsibility in all matters of vocational training and lifelong learning.
2) Role of trade unions in structuring and implementing VET
The main feature of the German VET system is the close partnership between employer associations, trade unions and the government. This partnership is expressed through the involvement of employers and unions in the formulation of the goals and content of vocational education and training. “Social dialogue” and codetermination are of crucial importance for the acceptance of reforms.
This cooperation is an expression of a democratic “debate culture” which has developed since the founding of the Federal Republic of Germany. Different opinions are clearly articulated, but (as a rule) ultimately end in compromises acceptable for both sides. In addition, the social partners are equally interested in having all employees obtain good vocational qualifications whenever possible. For the employer associations, this is an essential prerequisite for company success and, for the trade unions, the basis for a successful wage policy. On the other hand, by engaging in a generally cooperative and constructive effort, the trade unions and employer associations want to avoid giving the government reason to exert a decision, or even sole, influence on the structuring of vocational education and training. Thus, trade unions and employer associations are fully aware of their jurisdiction and responsibility in VET.
The trade unions and employer associations are the most important players in vocational education and training policy, both as partners and as opponents. Together with the political parties, they play a decisive role in the structuring and adaption of the Vocational Training Act, which was amended 10 years ago. The Vocational Training Act provides for their representation in all important bodies and committees in charge of guiding, implementing and controlling vocational training. That means,
on national level, social-partner involvement is established with the Hauptausschuss (Board) of the Bundesinstitut für Berufsbildung (Federal Institute for Vocational Education and Training) on a four-partite basis (Federal Government, States, employer associations, trade unions). One outstanding task is the involvement in the setting of training standards and designing of training regulations.
on Länder level there are committees for vocational training, with equal representation of employers, employees and the Länder authorities. They advise the Länder governments on vocational training issues. This does not give management and labour any co-determination in vocational school
matters. However, they can advise the state government in this way and also to a certain degree influence concepts and schemes, for example those for providing support for disadvantaged youths, and opportunities for additional qualifications requiring school training.
on regional level, the Zuständige Stellen (competent bodies) play an outstanding role. Competent bodies, in the sense of the Vocational Training Act, are above all the chambers of industry and commerce, the chambers of handicrafts, etc. but also various Federal and Land authorities. In every competent body there is a vocational training committee which is made up of tripartite representation of employers, trade unions, teachers. It has to be informed and consulted an all important issues of vocational training.
Moreover, the committee has to decide which legal regulations are to be passed by for the implementation of vocational training.
The Betriebsverfassungsgesetz (BetrVG; Works Constitution Act) (private sector) and the Personalvertretungsgesetz (PVertrG; Staff Representation Act) (public service) grant works councils or staff councils numerous co- determination and involvement rights at the shop-floor and company level both in the field of initial and continuing training. The fields in which these rights are exerted include collective bargaining on the remuneration of trainees, planning and implementing in-company training, appointing the instructors, realising special in-company education and training measures, concluding employment contracts upon completion of training, continuing training leave.
3) Involvement of trade unions in curriculum/training regulation development in VET
Increased stakeholder involvement during national curriculum development may fulfil at least two different functions: it may increase the relevance of curricula for the labour market and society as a whole, and the legitimacy and acceptance of the curriculum. In Germany this is, in turn, a necessary requirement for involving stakeholders in training delivery, for instance companies in apprenticeship schemes. The strongest degree of participation from social partners in terms of decision-making powers has been institutionalised in the German dual system. The curricula for work-based learning/in-company training are set out in the training regulations which are
defined by a committee composed mainly of social partners at federal level, whereas the curricula for school-based learning are developed by a committee of representatives of the federal states (Länder), mainly teachers. Both committees cooperate closely to ensure that both documents will be coherent. The composition of curriculum development groups is determined by law to ensure balanced representation of different interests and the ‘consensus principle’ states that new curricula are not adopted unless a consensus has been reached among all parties involved.
The term of “recognized training occupation” refers to training courses which are nationally regulated in training regulations on the basis of §§ 4, 5 of the Vocational Training Act (BBiG) or
§§ 25, 26 of the Crafts and Trade Code (HwO). The BBiG is oriented to occupations in business enterprises or similar institutions of public administration as well as in the independent professions, i.e. skilled workers or employees. Training in recognized training occupations primarily serves the purpose of providing young people with vocational qualifications. The objective is to give them opportunities for permanent employment. In addition, the training is to provide business enterprises with qualified skilled labour in the long term.
The development of new training regulations or the updating of existing regulations and the coordination of these with the outline curricula of the Länder (Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of Germany, KMK) take place within a multi-stage process involving substantial integration of the parties participating in vocational education and training, namely employers, trade unions, the Federal Government and the federal states (Länder).
The starting point for an updating of training occupations within the dual system of vocational education and training on the basis of §§ 25 and 26 of the Vocational Training Act and the Crafts and Trades Regulation Code is a corresponding qualification requirement in trade and industry.
An initial application approach is made to the federal ministry responsible, generally the Federal Minister of Economics and Labour (BMWA), the respective training benchmarks are stipulated in consultation with the Federal Ministry of Education and Research and with the consent of the leading employers’ and employees’ associations, all of this then forming the basis for the development of draft training regulations and the coordination of these with the outline curriculum of the secretariat of the Standing Conference of the Ministers of Education and Cultural Affairs of the Länder (KMK).
The Federal Institute for Vocational Education and Training, in collaboration with experts nominated by the leading employers’ and employees’ organisations, has fundamental overall control for the development of the draft training regulations (for the in-company element of the training). The draft outline curriculum (for the school-based element of the training) is developed by federal state experts nominated by the individual ministries of culture and education. One of the ways in which coordination of the contents and timeframes of the two drafts takes place is through mutual participation in meetings by the experts.
Enactment of the training regulations is via publication in the Federal Law Gazette. New training regulations normally come into force on 1 August of the following year, to coincide with the beginning of a new training year. The training regulations, the outline curriculum and the training profile are published in the Federal Gazette.
4) Enhancing permeability and the concept of vocational competence in VET via the introduction of a National Qualifications Framework for Lifelong Learning (DQR)
(1) Improving permeability within the (vocational) education system
The promotion of transparency, permeability and recognition at and between the individual levels and subsystems within the (vocational) education system is an important innovative area in vocational education and training, in which trade unions have been highly involved. Within the scope of regionally delimited pilot programmes and projects, attempts are ongoing to identify which instruments and procedures, which stakeholders, and which prevailing general conditions will be of assistance in addressing these tasks in terms of intended educational policy. The objective underlying the way in which the educational system is structured has been an object of debate for many years and is exerting an effect on relationships between the relevant institutions and stakeholders and ultimately also on teaching and learning processes.
In addition to this, transparency, permeability and credit transfer are important leading motifs within European (vocational) education policy and manifest themselves in such instruments as the European Qualifications Framework, national qualifications frameworks and credit point systems.
The German Credit Point System for Vocational Education and Training (DECVET) – concentrated on transition within the subareas of the VET system - is innovation or even reform instruments at a European and national level which may have considerable implications for the vocational education and training system and for established structures. At the interface between VET and
higher education, the results of pilot projects show the possibilities that exist for accrediting vocational competence towards higher education programmes.
The DECVET project aims at the interfaces within vocational education and training and develops tools and procedures for the accreditation of competencies within vocational education and training. In the DECEVET pilot initiative, in which the social partners have been involved, approaches to promote transparency and permeability (in the sense of connectable transitions) within the German system of vocational education and training have been examined and tested. In that connection, models for a credit transfer system for the collection, transfer and accreditation of learning outcomes and competencies form one part of the vocational education and training system to another have been developed and tested in 10 pilot projects, oriented towards practical operational experience.
(2) Developing and implementing a Qualifications Framework for Lifelong Learning (DQR) The preconditions to foster permeability and equivalency between general, higher and vocational education and training have been increased by the development of the European Qualification Framework and the EU recommendation to create National Qualification Frameworks. Thus, the German trade unions supported those issues of European education policy and played an important role in the process of developing and implementing a Qualifications Framework for Lifelong learn- ing in Germany. The equivalence of vocational and general education, of transparency and perme- ability, and of recognition of work-practice and lifelong learning have been demands of the trade unions for many years.
In October 2006, the BMBF and the Standing Conference of the Ministers of Education and Cul- tural Affairs of the Länder (KMK) decided to jointly develop a German Qualifications Framework for Lifelong Learning (DQR).The aim of the DQR is to provide a comprehensive, multidisciplinary educational frame of reference that supports the implementation of the idea of a European Quali- fications Framework (EQF). With this frame of reference, the comparability of national qualifica- tions in the European Education Area as well as the transparency of equivalences and differences between the qualifications within the German qualification system is to be improved.
For steering the process of developing and implementing the DQR in early 2007 a joint working group was established which comprises representatives of the Federal Government and the Stand- ing Conference of Ministers of Economics of the Länder (KMK). In order to include other relevant
stakeholders – higher education and vocational training institutions, the social partners (employer associations and trade unions) and experts form research and practice – in the process of drawing up the DQR, the Federal Government and the Länder have also convened a German Qualifications Framework Group (Arbeitskreis DQR) in which, alongside the members of the Federal Govern- ment/Länder Coordination Group, all educational sectors are represented through the social part- ners, higher education institutions and other experts. All decisions and resolutions of relevance to the development and implementation of the DQR are discussed and adopted in the German Quali- fications Framework Working Group. The overall process is, therefore, a widely supported initia- tive in which the trade unions in particular play an important role. The trade unions were therefore directly involved in the overall DQR development process. Decisions were prepared with them.
The principle of consensus is the basis for collaboration and decision making among the members of the German Qualifications Framework Working Group. The individual stakeholders, including the trade unions, therefore have a say throughout the DQR process. They ensure ongoing feedback on the findings to their respective institutions and committees. The aim is, working across educa- tional sectors, to achieve shared concepts and a practicable DQR.
In 2009, a first common DQR draft was presented as a discussion proposal; it served as the basis for a comprehensive review of all areas of education. The qualifications framework describes eight levels of competencies (knowledge and skills) and personal skills (social skills and independence) which are the basis for the classification of qualifications acquired in general, vocational and higher education. Basically, it should be possible to reach each of the levels of education depicted in the DQR by several pathways.
Table 5. Structure and level indicators within the DQR
Professional competence Personal competence
Knowledge Skills Social competence Autonomy
Depth and breadth Instrumental and
systematic skills judgement Team/leadership skills, involvement and communication
Autonomous responsibilty, reflectiveness and learning competence
Source: BMBF: Referencing Report 2013
This was a condition for which predominantly the social partners fought. Because it is especially true for Germany that the highest qualifications and skills levels cannot and should not be achieved solely through higher education programmes. By international standards, Germany has an excep-
tionally good and systematically developed system of recognised initial and continuing training oc- cupations and vocational certificates. Therefore, one cannot conclude directly from the proportion of university graduates, which is rather low by international standards, that there is a correspond- ing deficit of highly qualified specialists and managers. Such comparisons overlook the fact that qualifications and skills that are acquired elsewhere at universities are attained also or even solely through initial and continuing vocational education and training in Germany. From the internation- al point of view this is more a competitive advantage than a competitive disadvantage.
This point of view is also shared by German trade unions. Since many years they require to further expand the range of high quality recognised training occupations and highly qualified additional skills training as well as the range of further education certificates in graded continuing education and training systems leading to the highest skills levels. Arguing for the systematic development of a “second royal road” to high and highest skills -in addition to higher education - is the fact that this approach would not only allow for higher qualification in considerably greater breadth but also correspond very well to the needs of the employment system. The philosophy of the qualifications frameworks points in the right direction: what counts is not specific certificates (qualifications) but the skills acquired. Therefore, the key stakeholders in the development of the DQR, especially the trade unions have agreed that all levels of competence in the framework should be accessible also through vocational education and training.
(3) The concept of ‘competence’ in the DQR
The concept of ‘competence’ plays a key role in the DQR. It does not – as in the EQF – exist alongside knowledge and skills, but forms the umbrella for all learning outcomes being considered.
Considerable efforts have been made especially by the trade unions that competence is understood in the sense as the comprehensive ability to act. That means the concept of DQR describes the abil- ity and readiness to use knowledge, skills and personal, social and/or methodological abilities in work or study situations and in professional and personal development. Knowledge and skills are therefore represented as aspects of professional competence. Skills can, as in the EQF, be practical or cognitive in nature. As well as instruments abilities, systemic (creative) abilities are included.
The ability to assess working methods and results is explicitly considered.
The broad understanding of competence which prevails in the German-speaking world considers cognitive, affective and motivational components and thus facilitates, by targeting maturity and a comprehensive ability to act, including participation and reflectiveness, a bridge between voca-