industrial relations, representativeness,relations, employment relations, social dialogue, trade, unions, crisis, cross-sector, employers, european company, european framework agreements, european works council, industrial action, industrial action, industrial relations, law, minimum wage, sectoral social dialogue, social dialogue, trade unions, wages, working time, bargaining in the shadow of the law, collective agreements, European commission, EU law, EU treaties, decentralization of collective bargaining, single employer bargaining, multi-employer bargaining, extension of collective agreements, favourability principle, opt-out, opening clause, erga omnes, commodity, ILO, dispute settlement, varieties of capitalism, coordinated market economy, liberal market economy, bi-partite, tri-partite, Val Duchesse, macro-economic dialogue, tri-partite social summit, social dialogue committee, working time, labor productivity, labor cost, trade union density, collective bargaining coverage, pay, autonomous agreements, telework, parental leave, BUSINESSEUROPE, ETUC, CEEP, UEAPME, mega trends, information and consultation

1. Coordinating the Network of EU Agencies 2015
The concept of representativeness at national and EU level
Draft interim findings
Thematic Group on Social Dialogue, Economic Governance and
Capacity Building
Brussels, 15 July 2015
Christian Welz, Peter Kerckhofs
Eurofound
Eurofound – European Foundation for the Improvement of Living and
Working Conditions
www.eurofound.europa.eu

2. Coordinating the Network of EU Agencies 2015
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)
REP studies
conducted by Eurofound

3. Coordinating the Network of EU Agencies 2015
WP 2014/15
Concept of representativeness at national and EU level
• What is the concept of representativeness in the Member
States and what are the relevant rules and regulations?
• To what extent does the EU level concept differ and how
can it be developed further?

4. Coordinating the Network of EU Agencies 2015
Background of representativeness
studies
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

5. Coordinating the Network of EU Agencies 2015
UEAPME case
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 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 (…)
• (…) the Commission and the Council are obliged to verify
the representativity of the signatories to an agreement (…)

6. Coordinating the Network of EU Agencies 2015
• a) (…) relate to specific sectors or categories and be organized at
European level (COM 93 = 98);
• 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 (COM 93 = 98)
• all Member States, as far as possible (COM 93);
• several Member States (COM 98);
• c) (…) have adequate structures to ensure their effective participation
in the work of the Committees (COM 93 = 98).
Criteria for consultation
COM 93 (600) vs. 98/500/EC

7. Coordinating the Network of EU Agencies 2015
• a) (…) relate to specific sectors or categories and be
organized at European level;
Criteria for consultation:
a) specific sectors

8. Coordinating the Network of EU Agencies 2015
Sector Organisation
Congruence C
Sectionalism S
Overlap O
Sectional overlap SO
Demarcation via NCCE rev.2
Sector relatedness and domain patterns of
an organisation

9. Coordinating the Network of EU Agencies 2015
• (b) (…) consist of organizations which are themselves
an integral and recognized part of Member States'
social partner structures (…)
 in its methodology (bottom-up) Eurofound
makes a distinction between fully-fledged social
partners (i.e. engaged in CB) and trade/business
associations
Criteria for consultation:
b1) integral part of IR and capacity to negotiate

10. Coordinating the Network of EU Agencies 2015
• (b) (…) and have the capacity to negotiate
agreements, (…)
Criteria for consultation: b2

11. Coordinating the Network of EU Agencies 2015
statutory non-statutory conditions
and procedures
Employers ? ?
- permanent / ad- hoc,
- conditional
- voting procedures, etc. ?
Trade
unions
? ?
- permanent / ad- hoc,
- conditional
- voting procedures, etc. ?
Criteria for consultation:
capacity to negotiate

12. Coordinating the Network of EU Agencies 2015
• b) (…) and which are representative in several
Member States (…)
Criteria for consultation: b3) several MS

13. Coordinating the Network of EU Agencies 2015
 the national members of ETUC, EUROCADRES
and CEC
 organise 91% of all employees
 the national members of BUSINESSEUROPE,
CEEP and UEAPME
 organise 85% of firms which employ 89% of
workers
e.g. Cross-industry

14. Coordinating the Network of EU Agencies 2015
EFFAT
- records 54 sector related affiliations in 25 MS
- 39 participate in CB
FOODDRINKEUROPE
- records 24 sector related affiliations in 22 MS
- 10 participate in CB
e.g. Food and Drink sector

15. Coordinating the Network of EU Agencies 2015
CFI in UEAPME case
for a European collective agreement to be
democratically legitimate, it has to be
assured whether, having regard to the
content of the agreement in question, the
signatories, taken together,
are sufficiently representative.
« Sufficiently representative »
b3) several MS

16. Coordinating the Network of EU Agencies 2015
Different concepts
of representativeness
different concepts examples
mutual recognition UK, Ireland
capacity to negotiate Germany, Austria
industrial democracy (elections) France, Luxemburg
organisational strength (membership) Poland, Romania

17. Coordinating the Network of EU Agencies 2015
Thresholds:
elections (p=peak/s=sectoral/c=companty)
Country Trade Unions votes in %
peak sector company
Spain 10% national working delegates
15 % regional working delegates
10% national working delegates
15% regional working delegates
France 8% 8% 10%
Italy 5% / 51% > ext. of CAs
Luxembourg 20% 50%

18. Coordinating the Network of EU Agencies 2015
Thresholds of membership
(p=peak / s=sectoral / c=companty / r=region)
Year of law Country Employers Unions
Density % Number Density % Number
1971 Netherlands 51 > ext. of CA
1985 Spain 10 (P) / 15 (R)
1993 Slovenia 10 - 15 (S)
1999 Latvia 50 (S)
2000 Poland 300.000 (P) 7 - 10 (C) 300.000 (P)
2001 Italy 5 (S) / 51 > ext. of CA
2006 Czech Republic 400.000 (P) 150.000 (P)
2007 Slovakia 100.000 (P) 100.000 (P)
2008 France no concrete figure
2009 Belgium 125.000 (P) 125.000 (P)
2011 Romania 7 10 50
2012 Croatia 20 (S) 50.000 (P)
Bulgaria 15.000 (P) 75.000 (P)
Hungary 10 (C)
2014 Portugal 30 of SMEs(S) or
50 of emp > ext. of CA
2015 Estonia (reform) 51 > ext. of CA

19. Coordinating the Network of EU Agencies 2015
• c) (…) have adequate structures to ensure their effective
participation in the work of the Committees."
Criteria for consultation: c) adequate
structures

20. Coordinating the Network of EU Agencies 2015
Further information
christian.welz@eurofound.europa.eu
peter.kerckhofs@eurofound.europa.eu
http://www.eurofound.europa.eu/representativeness-
studies-methodology
http://www.eurofound.europa.eu/observatories/european-
observatory-of-working-life-eurwork/representativeness-
studies