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Representativeness of Social Partners in the
European Sectoral Social Dialogue
- methodology and scope
Brussels, 30 April 2015
Christian Welz, Eurofound
Eurofound – European Foundation for the Improvement of Living and Working Conditions
www.eurofound.europa.eu
REP studies
conducted by Eurofound
2015 Local & regional government (p), road transport & logistics (p), construction
(e), TAW, agriculture, furniture, maritime transport, postal services, extractive
industries
2014 Cross-industry, electricity, chemical woodworking
2013 Textiles and clothing, sport and active leisure, live performance, food and drink,
audiovisual
2012 Horeca, industrial cleaning, private security, insurance, paper, sea fisheries
2011 Banking, public administration, education, commerce
2010 Inland water transport, metal, catering, footwear, civil aviation
2009 Steel , tanning and leather, personal services (health and beauty care), hospitals,
2008 Railways, sea and costal water transport, post and courrier services,
manufacture of sugar, gas
2007 Agriculture, telecommunications
before 2007
UCL (Université Catholique de Louvain)
1. Background of the study
• Representativeness constitutes
• the basis of the right to be consulted by the
Commission under article 154 TFEU
• to engage in negotiations leading to agreements
implemented by the Council decision (155 TFEU)
• backbone of the European social dialogue
• objectives of the study
• to identify the ‘actors’ to be consulted at EU level under the TFEU
• scope of the study
• in terms of countries: EU-28
• in terms of associations:
European and national sector-related social partner
organisations
demarcation via NACE rev.2
1. Background of the study (2)
1. UEAPME Case (3)
• T-135/96, European Court reports 1998 Page II-02335
• (…) since the procedure <of art. 154 and 155 TFEU> does not
provide for the participation of the European Parliament, the principle
of democracy on which the Union is founded requires - in the absence
of the participation of the European Parliament in the legislative
process - that the participation of the people be otherwise assured, in
this instance through the parties representative of management and
labour who concluded the agreement (…)
• (…) the Commission and the Council are obliged to verify the
representativity of the signatories to an agreement (…)
2. Criteria for consultation
• (a) (…) relate to specific sectors or categories and be
organized at European level;
• (b) (…) consist of organizations which are themselves an
integral and recognized part of Member States' social
partner structures and have the capacity to negotiate
agreements, and which are representative of several
Member States;
• (c) (…) have adequate structures to ensure their effective
participation in the work of the Committees."
• COM Decision 98/500/EC
European level"Listed" European
organisations
"Other" European
organisations
Research approach
top-down &
bottom-up
screening
of affiliates
bottom-up
screening
National level National affiliates
"Other" national
interest associations
3. Combined approach for screening
4. Criteria for consultation: sector
• (a) (…) relate to specific sectors or categories and
be organized at European level;
• A European association is analysed as a sector-related
social partner, if
• it is on the EC’s list of intereest organisations to be
consulted on behalf of the sector under article 154 TFEU
• and/or if it participates in the sector-related European Social
Dialogue
• The EC may decide to include another EU sector-related
organization in the study, if relevant, e.g. a sector-
related organization which has recently requested to be
consulted.
4. Definition of a sector-related
European social partner organisation
Top down
screening
A European
association is a
relevant sector-
related SP if
on the EC‘s list of interest organisations to be consulted on behalf of the sector under article 154 TFEU
and/or participates in the sector-related European Social Dialogue
EC may decide to include another EU sector-related
organization in the study, if relevant, e.g. a sector-
related organization which has recently requested
to be consulted.
4. Sector-related
European SP organisation
Definition of a sector-related
national association
• A national association is included in the study, if it:
• A) relates to the sector (NACE _ ?) and is
• B1) affiliated to a EU level organisation analysed in the top-
down approach, or
• B2) regularly involved in sector-related collective bargaining
4. Definition of a sector-related
national social partner organisation
Bottom up:
national
association
included in
the study, if
relates to the sector
affiliated to a EU level organisation
analysed in the top-down approach, or
regularly involved in sector-related collective
bargaining
and
4. Sector-related
National SP organisation
Sector Organisation
Congruence C
Sectionalism S
Overlap O
Sectional overlap SO
4. Sector relatedness and domain patterns of
an organisation
Demarcation of the via
NACE rev.2
4. Sector related > NACE
• a) (…) relate to specific sectors or categories and
be organized at European level;
• Which NACE code to apply for telecommunications and
ICT?
5. Criteria for consultation: integral IR part
• (b) (…) consist of organizations which are
themselves an integral and recognized part of
Member States' social partner structures and have
the capacity to negotiate agreements, (…)
5. Integral IR part: social partner / companies
• representativeness studies usually cover interest
organisations, not individual companies
• concept of representation refers to organisations
which represent the interests of their members –
employees or companies – and take part in CB
• if SEB is an important feature of the IR landscape of
a sector, an exception can be made
• individual companies then listed in tables
e.g. audio-visual sector
6. Criteria for consultation: capacity
• (b) (…) consist of organizations which are
themselves an integral and recognized part of
Member States' social partner structures and have
the capacity to negotiate agreements, (…)
6. Capacity to negotiate
statutory non-statutory conditions
and procedures
Employers ? ?
- permanent / ad- hoc,
- conditional
- voting procedures, etc. ?
Trade
unions
? ?
- permanent / ad- hoc,
- conditional
- voting procedures, etc. ?
7. Example: food & drink sector
7. Key findings (TUs)
EFFAT
- records 54 sector related affiliations in 25 MS
- 39 participate in CB
7. Key findings (EOs)
FOODDRINKEUROPE
- records 24 sector related affiliations in 22 MS
- 10 participate in CB
7. Key findings
- other sector related organisations
- only 1 other EU TU covers at least 3 MS
- Uni-Europa > with 8 affiliations covering
7 MS
- only 2 other EU EOs cover at least 3 MS
- European Flour Millers, with 3 affiliations
covering 3 MS
- COPA COGECA, with 4 affiliations in 3 MS
7. Conclusion
EFFAT on the employee side
and
FOODDRINKEUROPE on the employer
side
are by far the most important sector-related
EU SP organisations
1. actors to include and definition and scope of the sector
(NACE)
2. data is collected by the EurWORK national correspondents .
on the basis of a questionnaire
3. social partners at European and national level are consulted .
on the data collected from the national correspondents
. (comments help to improve the quality of national reports)
4. a contractor is drafting an overview report
5. overview report is evaluated in Eurofound’s tripartite
Advisory Committee (including EU Sectoral Social
Partners)
6. overview report is published online
(national contributions are available on demand)
8. Workflow
Further information
• http://www.eurofound.europa.eu/eiro/studies/tn1108048s/index.htm