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

• christian.welz@eurofound.europa.eu