The document summarizes the findings of a representativeness study on temporary agency work conducted by Eurofound. It finds that: 1) There are 62 trade union organizations related to temporary work in 22 EU member states, with geographical and membership coverage varying significantly between countries. 2) There are 41 employer associations identified across 26 EU countries, with narrower domain definitions than the trade unions. Many employer organizations are not involved in collective bargaining. 3) Eurociett and UNI Europa are considered the most important European social partner organizations representing employers and employees respectively in the temporary work sector, based on their membership and mandate.

1. 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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