Representativeness Study:

Temporary Agency Work

Christian Welz (Eurofound)

Eckhard Voss (WMP, Hamburg)

European Sector Social Dialogue Committee - TAW

Brussels, 17 February 2016

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Why representativeness studies?

Methodology

Main findings

Questions and answers

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Why do we do representativeness studies?1

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2015 – Agriculture, Furniture, Ports, Postal services, Graphical Industry, Temporary Agency Work, Extractive Ind.

2014 – Food & Drink, Audio-visual, Life Performance, Sports and Leisure, Construction, Cross Sector

2013 – Electricity, Textiles and Clothing, Local and Regional Governments, Chemical Industry, Woodworking

2011 – Banking, Public Administration, Education, Commerce

2009 – Steel, Tanning and Leather, Personal Services (Hair & Beauty care), Hospitals, Inland Waterways

2012 – Horeca, Cleaning Services, Private Security, Insurance, Paper, Sea Fisheries

2010 – Inland Waterways, Metal, Catering, Footwear, Civil Aviation

2008 - 07 – Agriculture, Telecom, Railways Maritime Transport, Postal Services, Sugar

2016 – Personal services, Metal, Steel, Tanning and Leather, Footwear

Comparative analyses of national concepts of Representativeness (2015)

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basis for the right to be consulted by the

European commission under article 154 TFEU

a criterion for setting-up / adapting of European

Sectoral Social Dialogue Committee (ESSDC)

(Art.1 98/500/EC of 20 May 1998)

crucial for the capacity to negotiate in negotiations

leading to agreements implemented by Council

Decision (155 TFEU)

Representativeness

is…

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“(…) since the procedure of art. 154 and 155 TFEU does not provide for the

participation of the EP, the principle of democracy on which the Union is

founded requires - in the absence of the participation of the EP 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 (…).”

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(…) the Commission and the Council are obliged

to verify the representativity of the signatories to

an agreement (…)

T-135/96 European Court Reports 1998, Page II-02335

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relate to specific sectors or categories and be

organized at European level;

consist of organizations which are themselves

an integral and recognized part of Member

States’ social partner structures, and have

the capacity to negotiate, … and which are

representative of several member states

have adequate structures to ensure their

effective participation in the work of the

Committees

European

Commission

Decision 98/500/EC

of 20 May 1998

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Methodology

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National affiliates of

EU Social Partners

Eurociett

UNI Europa

Other national associations

related to the sector /

affiliated to another

European association

Other national associations

related to the sector

involved in

collective bargaining

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4 Types of Sector Relatedness

Sector Organisation

Congruence

Overlap

sectionalism

Sectionalism overlap

Sector

Relatedness

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78.20 Temporary agency work

includes the activities of supplying workers to clients' businesses

for limited periods of time to temporarily replace or supplement

the working force of the client, where the individuals provided are

employees of the temporary help service unit.

however, units classified here do not provide direct supervision of

their employees at the clients' work sites. (Eurostat)

TAW cuts across NACE sector classificationsbut

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- form of employment which cuts across NACE

sector classifications

- screening

- top-down approach: all national affiliates of Eurociett

and UNI Europa

- broader bottom-up

- 3 most important social partners associations of each

side of industry fulfilling the standard criteria

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- cross-industry SP represent views of user

companies and TAW

- ETUC, BUSINESSEUROPE, UEAPME and

CEEP were attended the kick-off meeting

- two-fold nature of TAW as a sector and a

specific form of employment was agreed

- cross-industry SP were informed about the

progress of the study

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National

social partners

Employment

and economic

trends European

Social Partner

organisations

Conclusion on Representativeness

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membership

number of members,

density (%),

geographical coverage

sector relatedness

involvement in

Collective bargaining

multi vs. single employer CB

employees covered by CB

sector related policy making

consulted or not?

frequency? regular or ad-hoc

European affiliation to

Eurociett / UNI Europa

or any other sector related

European Association

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Consultation European Social Partners (EUSP) on NACE code definition of the sector

Questionaire to Eurofound national correspondents in 28 EU member states => one national report per country

Consultation EUSP and GB Members on national reports

Draft overview report

Consultation EUSP on draft overview report => comments =>

final Draft

Evaluation in Eurofound Tripartite Advisory Committee comments => final corrections => publication of the report

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Main findings

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geographical coverage no. of MS with affiliates /

organisational density

national organisations not affiliated / affiliated to

other EU SP

sector relatedness

& fragmentation

no. of MS where affiliates

are involved in

collective bargaining

no. of MS where affiliates

are consulted on sector

related policies

capacity to negotiate

statutory mandate ?

signed agreements ?

main findings

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- triangular employment relationship of cross cutting nature

- different legal frameworks > impact of the Directive

2008/104/EC

- pro-cyclical: first to adapt to new economic conditions

- various calculation methods / difficulty to compare data

(companies vs. agencies; headcounts vs. FTE)

- share in employment 2013/14 estimated at 1.7% (Ciett

2015)

- national employment trends difficult to depict due to pro-

cyclical nature and other factor of influence (e.g.regulation)

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- total of 62 TUs in 22 EU MS

- no sector-related unions in 6 MS (CY, EE, EL, HR, LT,

RO)

- domain demarcation: overlap and sectional overlap

- in most MS more than one TU is sector-related

- difficult to gather data on sectoral membership (no

data on 30/62)

- most TUs are also involved in CB bargaining

- no collective bargaining in: HU, LV, PL, SI, SK

- most TUs involved in public consultation

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- total of 41 employer associations identified in 26 EU

MS (none in CY and MT)

- domain demarcation much narrower than in the

case of TUs (congruence in 18 out of 41

organisations!)

- 19 out of 41 EOs are not involved in CB

- in 15 MS EOs have no mandate for CB (strong

East-West polarisation)

- with few exceptions, EOs are participating /

consulted in public policies regarding the sector

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- UNI Europa

- 35 sector related affiliations (56.5% of the total) in 17 MS

- membership domain: largely overlap

- statutory mandate

- other trade union organisations

- industriAll: 14 sector-related affiliates (22.5%) in 10 MS

- EPSU: 10 sector-related affiliates (16%) in 6 countries

- ETUC: 9 sector-related affiliates (14.5%) in 6 countries

- also relevant: EFFAT, ETF, EFBWW

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- Eurociett

- with 26 sector related affiliations in 26 MS by far the most

representative EO at EU level

- membership domain: overlap and congruent

- only in 10 MS employer organisations have the capacity to

negotiate

- statutory mandate

- other trade union organisations

- no alternative European association with more than one

national affiliations

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- pluralistic landscape of SPs and IR

- Eurociett = most important EU-wide EO

organisation

- UNI Europa = most important EU-wide TU

organisation

- bottom-up analysis has identified further EU level

sector-relevant TUs

- IndustriAll & ETUC are the most important ones

- Eurociettt and UNI have a statutory mandate

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christian.welz@eurofound.europa.eu

+ 3531 204 32 54

http://www.eurofound.europa.eu/observatories/e

uropean-observatory-of-working-life-

eurwork/representativeness-studiese

representativeness studies

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Questions and answers

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