Representativeness of the European social partner organisations: Footwear industry – France
The aim of this representativeness study is to identify the respective national and supranational actors (i.e. trade unions and employer organisations) in the field of industrial relations in the footwear industry in France. In order to determine their relative importance in the sector’s industrial relations, this study will, in particular, focus on their representational quality as well as on their role in collective bargaining.
1. Sectoral properties
The footwear industry in France has greatly declined since the beginning of the 1990s. As each trade union indicates the number of members themselves, it is difficult to assess the real number of trade union members in the industry. All of the employees in footwear are covered by an industry-wide collective agreement, which is complemented by sectoral agreements on minimum wages. In addition, large companies negotiate a number of additional company-level agreements on a variety of issues on an annual basis. The sector largely comprises small enterprises.
| 1996 | 2007** | |
|---|---|---|
| Number of employers | n.a. | 240 |
| Aggregate employment* | n.a. | 9,264 |
| Male employment* | n.a. | n.a. |
| Female employment* | n.a. | n.a. |
| Aggregate employees | 29,364 | 8,986 |
| Male employees | n.a. | 2,763 |
| Female employees | n.a. | 6,223 |
| Aggregate sectoral employment as % of total employment in economy | n.a. | n.a. |
| Aggregate sectoral employees as % of total number of employees in economy | 0.18% | 0.05% |
Notes: * Employees plus self-employed persons and temporary agency workers. ** Or most recent data. n.a. = data not available
2. The sector’s trade unions and employer associations
This section includes the following trade unions and employer organisations:
1. trade unions which are party to sector-related collective bargaining;
2. trade unions which are a member of the sector-related European federation, the European Trade Union Federation: Textiles, Clothing and Leather (ETUF:TCL);
3. employer organisations which are a party to sector-related collective bargaining;
4. employer organisations or business associations which are a member of the sector-related European business federation, the European Confederation of the Footwear Industry (Confédération Européenne de l’Industrie de la Chaussure, CEC).
2a Data on the trade unions
A total of five trade union organisations are active in the footwear industry, namely the:
- Services Federation (tanning sector) (Fédération des services (branche tannerie) affiliated to the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT);
- National Union of Leather and Hide Managerial Staff (Syndicat national du personnel de l’encadrement des cuirs et peaux) in the National Agricultural and Food Federation (Fédération nationale agroalimentaire, FNAA), affiliated to the French Confederation of Professional and Managerial Staff – General Confederation of Professional and Managerial Staff (Confédération française de l’encadrement – Confédération générale des cadres, CFE-CGC);
- Chemicals, Mining, Textiles and Energy Federation (Fédération Chimie, Mines, Textile et Énergie, CMTE), affiliated to the French Christian Workers’ Confederation (Confédération française des travailleurs chrétiens, CFTC);
- Textiles, Clothing and Leather federation (Fédération textile habillement cuir, THC), affiliated to the General Confederation of Labour (Confédération générale du travail, CGT);
- General Federation of Leather, Textiles and Clothing (Fédération générale des cuirs, textiles, habillement, FGCTH), affiliated to the General Confederation of Labour – Force ouvrière (Confédération générale du travail – Force ouvrière, CGT-FO).
2a.1 Type of membership (voluntary vs. compulsory)
Trade union membership is voluntary, as is the case everywhere in France.
2a.2 Formal demarcation of membership domain (e.g. white-collar workers, private-sector workers, footwear manufacturing employees, etc.)
Four of the trade unions in the footwear industry have no formal demarcation and organise all categories of staff, while the CFE-CGC affiliated National Union of Leather and Hide Managerial Staff only represents white-collar workers.
2a.3 Number of union members (i.e. the total number of members of the union as a whole)
Each trade union indicates the number of members themselves. It is therefore difficult to assess the real number of trade union members in France. Moreover, the majority of French trade unions do not wish to communicate any information on their membership numbers. Apart from the membership numbers that are provided by the trade unions themselves, which seem to be most probably overestimated according to findings by Dominique Andolfatto and Dominique Labbé regarding the trade union confederations CGT and CFDT, no studies on trade union membership exist.
However, there is general agreement about trade union membership rates being low in France. Although survey data based on people’s statements – such as the permanent survey on households’ living conditions (Enquête permanente sur les conditions de vie des ménages, EPCVM) carried out by the National Institute of Statistics and Economic Studies (Institut national de statistiques et d’études économiques, INSEE) – are rarely used in this regard, they do make it possible to examine the level of unionisation in France. According to the EPCVM, just under 1.9 million economically active employees are trade union members – that is, between 8% and 9% of the total economically active population in employment in France. The survey, however, does not provide any information on the trade union affiliation of employees. Thus, data on trade union membership are unavailable for all five trade unions.
2a.4 Number of union members in the sector
Data are unavailable for all five trade unions in the footwear industry.
2a.5 Female union members as a percentage of total union membership
Data are unavailable for three of the trade unions, while it is estimated that 60% of CMTE-CFTC and 50% of THC-CGT are women.
2a.6 Domain density: total number of members of the union in relation to the number of potential members as demarcated by the union domain (see 2a.2)
The figures for trade union membership for the whole sector based on the general industrial classification of economic activities within the European Communities (Nomenclature générale des activités économiques dans les Communautés européennes, NACE) are not available at this level of aggregation from the Ministry of Labour, Social Relations, Family Affairs, Solidarity and Urban Affairs (Ministère du Travail, des Relations Sociales, de la Famille, de la Solidarité et de la Ville).
The few available figures should therefore be assessed with the greatest possible caution.
2a.7 Sectoral density: total number of members of the union in the sector in relation to the number of employees in the sector, as demarcated by the NACE definition
Trade union density is estimated at about 7% and would thus not be among the highest sectoral union densities in France (see also 2a.4).
2a.8 Sectoral domain density: total number of members of the union in the sector in relation to the number of employees which work in that part of the sector as covered by the union domain
Data are unavailable (see 2a.4).
2a.9 Does the union conclude sector-related collective agreements?
The five representative trade union confederations in France – CFDT, CFE-CGC, CFTC, CGT and CGT-FO – negotiate in the footwear industry and conclude collective agreements (see Question 4).
2a.10 For each association, list their affiliation to higher-level national, European and international interest associations (including cross-sectoral associations)
All five trade unions active in the industry are affiliated to ETUF: TCL.
2b Data on the employer associations
2b.1 Type of membership (voluntary vs. compulsory)
As is the case for trade unions, membership of employer organisations is voluntary in France.
2b.2 Formal demarcation of membership domain (e.g. SMEs, small-scale crafts/industry, footwear industry enterprises, etc.)
No formal demarcation of the membership domain exists for employer organisations in the industry.
2b.3 Number of member companies (i.e. the total number of members of the association as a whole)
Data are unavailable, except for the French Federation of the Footwear Industry (Fédération française de la chaussure, FFC) which has about 100 members, according to estimates.
2b.4 Number of member companies in the sector
Some 240 companies operate in the sector.
2b.5 Number of employees working in member companies (i.e. the total number of the association as a whole)
n.a.
2b.6 Number of employees working in member companies in the sector
n.a.
2b.7 Domain density in terms of companies: total number of member companies of the association in relation to the number of potential member companies as demarcated by the association’s domain (see 2b.2)
The domain density in terms of companies is almost 100%; however, detailed information is not available.
2b.8 Sectoral density in terms of companies: total number of member companies of the association in the sector in relation to the number of companies in the sector, as demarcated by the NACE definition
The sectoral density in terms of companies is almost 100%; however, detailed information is not available.
2b.9 Sectoral domain density in terms of companies: total number of member companies of the association in the sector in relation to the number of companies which operate in that part of the sector as covered by the association’s domain
The sectoral domain density in terms of companies is almost 100%; however, detailed information is not available.
2b.10 Domain density in terms of employees represented: total number of employees working in the association’s member companies in relation to the number of employees working in potential member companies, as demarcated by the association’s domain (see 2b.2)
The domain density in terms of employees represented is almost 100%; however, detailed information is not available.
2b.11 Sectoral density in terms of employees represented: total number of employees working in the association’s member companies in the sector in relation to the number of employees in the sector, as demarcated by the NACE definition
The sectoral density in terms of employees represented is almost 100%; however, detailed information is not available.
2b.12 Sectoral domain density in terms of employees represented: total number of employees working in the association’s member companies in the sector in relation to the number of employees working in companies which operate in that part of the sector as covered by the association’s domain
The sectoral domain density in terms of employees represented is almost 100%; however, detailed information is not available.
2b.13 Does the employer association conclude sector-related collective agreements?
Yes.
2b.14 For each association, list their affiliation to higher-level national, European and international interest associations (including the cross-sectoral associations).
FFC is affiliated to the European Confederation of the Footwear Industry (CEC).
3. Inter-associational relationships
3.1. Trade unions whose domains overlap
The domains of all of the five trade unions listed above overlap.
3.2. Do rivalries and competition exist among the trade unions, concerning the right to conclude collective agreements and to be consulted in public policy formulation and implementation?
Industrial relations are organised in France in such a way that the questions in this section (3.2, 3.3, 3.4, 3.5, 3.6, 3.7) are irrelevant. In France, all trade union confederations that are recognised as being representative have access to collective bargaining. The trade unions in the footwear industry are affiliated to the five trade union confederations – CGT, CFDT, CGT-FO, CFTC, CFE-CGC – holding representative organisation status at national level and therefore have the right to take part in collective bargaining.
Given that their domains of unionisation overlap, all of the five trade unions in the footwear industry are open to competition, as well as to making alliances regarding collective bargaining and consultations in the area of drawing up public policy.
3.3. If yes, are certain trade unions excluded from these rights?
Not relevant.
3.4. Same question for employer associations as 3.1.
Not relevant.
3.5. Same question for employer associations as 3.2.
Not relevant.
3.6. Same question for employer associations as 3.3.
Not relevant.
3.7. Are there large companies or employer associations which refuse to recognise the trade unions and refuse to enter collective bargaining?
Not relevant.
4. The system of collective bargaining
4.1. Sector’s rate of collective bargaining coverage
The consolidated disposition of the industry’s enterprises along with the French industrial relations rules limit the scope of questions 4.1, 4.2 and 4.3. According to the figures issued by the Ministry of Labour resulting from the survey on Labour Activity and Employment Status (Activité et Conditions d’Emploi de la Main d'Œuvre, ACEMO), 100% of workers in the industry – apart from those in French overseas departments who have an ad hoc agreement – are covered by a collective agreement. The coverage rate of collective agreements is 100%; there is no extension, nor are there multi-employer agreements.
4.2. Relative importance of multi-employer agreements and of single-employer agreements as a percentage of the total number of employees covered
All workers are covered by an industry-wide collective agreement. This is complemented by sectoral agreements on minimum wages. In addition, large companies negotiate a number of additional agreements at company level on a variety of issues on an annual basis (see 4.1).
4.2.1. Is there a practice of extending multi-employer agreements to employers who are not affiliated to the signatory employer associations?
No.
4.2.2. If there is a practice of extending collective agreements, is this practice pervasive or rather limited and exceptional?
In France, extending collective agreements is a general practice.
4.3. Sector-related multi-employer wage agreements* valid in 2007
* Only wage agreements which are (re)negotiated on a reiterated basis.
The national collective agreement (convention collective nationale, CCN) in the footwear industry is the basic text set out in 1968. Additional clauses, agreements and appendices introduce periodic changes regarding specific points. Since 1999, pay clauses are negotiated annually.
| Bargaining parties | Scope of sector-related multi-employer wage agreements | ||
|---|---|---|---|
| Sectoral | Type of employees | Territorial | |
| National footwear collective agreement (in French) by the social partners in the industry: FFC and the Services Federation-CFDT, National Union Leather and Hide Managerial Staff CFE-CGC, CMTE-CFTC, THC-CGT, FGCTH-CGT-FO | Footwear | All | National |
4.4. Sector’s four most important collective agreements (single-employer or multi-employer agreements) valid in 2007
| Bargaining parties | Scope of agreements | ||
|---|---|---|---|
| Sectoral | Type of employees | Territorial | |
| Rider clause No. 04 to the collective agreement on vocational training (in French), 22 September 2004, agreed upon by FFC and trade unions – Hacuitex Trade Union Federation of the Textiles, Clothing and Leather Industries-CFDT, National Union Leather and Hide Managerial Staff CFE-CGC, THC-CGT, FGCTH-CGT-FO | Footwear | All | National |
5. Formulation and implementation of sector-specific public policies
5.1. Are the sector’s employer associations and trade unions usually consulted by the authorities in sector-specific matters?
No.
5.2. Do tripartite bodies dealing with sector-specific issues exist?
| Name of the body and scope of activity | Bipartite/tripartite | Origin: agreement/statutory | Trade unions having representatives | Employer organisations having representatives |
|---|---|---|---|---|
| CPNEFP Continuing training | Bipartite | Agreement (2001) | All | French Federation of the Footwear Industry |
| FORTHAC Continuing training | Bipartite | Agreement (1994) | All | French Federation of the Footwear Industry |
Notes: * Sector-specific policies target and affect the sector under consideration. See text below for full titles of CPNEFP and Forthac.
The sectoral National Joint Commission on Continuing Training (Commission paritaire nationale de l’emploi et de la formation professionnelle, CPNEFP) sets the guidelines for the sector initiatives regarding continuing training. It also stipulates the conditions concerning content and funding in relation to the various training schemes.
Textiles, Clothing and Leather Training (Formation Textile – Habillement – Cuir, Forthac) is the Certified Joint Collecting Body (Organisme Paritaire Collecteur Agréé, OPCA) responsible for collecting funds and managing continuing training in companies that belong to the following seven areas of economic activity: footwear, sewing, leather and tanning, textiles maintenance, clothing, leather goods and textiles.
A national pilot agreement for 2006–2008 was signed on 16 January 2006 by the state and six sectors, including leather and tanning. The agreement aims to develop anticipatory approaches and forward-looking management of employment and skills. Forthac supervises this system. The three-year target is to train 6,500 employees, 70% of whom should be manual workers. A total of 18 regional agreements have been signed.
Moreover, a national agreement on targets was signed on 4 September 2008 between the National Salaried Employees Health Insurance Fund (Caisse nationale d’assurance maladie des travailleurs salariés, CNAMTS) and five employer organisations representing activities in footwear, leather goods, tanning and leather dressing, raw hide and related industries. The agreement is valid for four years and enables companies to take on board preventive measures on the basis of a prevention contract with CNAMTS; the health insurance fund provides financial help amounting to between 15 and 70% of necessary expenditure.
6. Statutory regulations of representativeness
6.1. In the case of the trade unions, do statutory regulations exist which establish criteria of representativeness which a union must meet, so as to be entitled to conclude collective agreements?
In accordance with the government decree of 31 March 1966, five trade union confederations are considered to be representative at national level, namely CFDT, CFE-CGC, CFTC, CGT and CGT-FO. These union confederations are authorised to negotiate and sign collective agreements at national, sectoral and company levels. The courts may recognise the representativeness of other trade union organisations, based on the representativeness criteria stipulated by law and case law.
Regarding collective bargaining in the telecommunications sector (applicable to workers governed by private law), only the five trade union confederations are considered to be representative and take part in any sectoral negotiations.
Prior to the Fillon law of 2004 (FR0404105F), an agreement was valid if signed by one trade union. Since then, a sectoral collective agreement is only valid if the majority of the representative trade unions at sector level do not oppose it; in other words, three out of the five trade union confederations must sign a collective agreement. At company level, trade unions representing the majority of workers at the last workplace elections have a right to oppose a collective agreement. Trade unions recently made use of this right of opposition in two companies in the sugar production sector.
A sectoral collective agreement can rule that sectoral or company-level agreements are only valid if signed by the trade unions which together represent the majority of workers.
In July 2008, the French parliament adopted a law on ‘social democracy and working time reform’ (FR0808039I), which will radically change the rules regarding trade union representativeness. By 2012, the majority rule will be abolished, and – as set out in the social partners ‘common position’ (FR0807039I) – in order for a trade union to be representative and participate in company-level bargaining, it must obtain at least 10% of the votes in workplace elections. This threshold is set at 8% for bargaining at sectoral and national levels.
Any trade union that has been legally established for at least two years can set up a union section in a company of more than 50 employees, but it will not be able to bargain or conclude an agreement without obtaining at least 10% of the votes in workplace elections. Collective agreements will be valid only if they have been concluded by one or several trade unions that have obtained at least 30% of the votes in workplace elections – and in the absence of opposition from trade unions that have obtained a majority of the votes. In companies with fewer than two hundred employees with no trade union representative, employers will be able to negotiate with non-union employee representatives.
6.2. In the case of the trade unions, do statutory regulations exist which establish criteria of representativeness which a union must meet, so as to be entitled to be consulted in matters of public policy and to participate in tripartite bodies?
The government generally consults the trade union organisations which are considered to be representative at national level.
6.3. Are elections for a certain representational body (e.g. works councils) established as criteria for trade union representativeness?
Yes, since 2009.
6.4. Same question for employer associations as 6.1.
No official representativeness criteria exist for employer organisations.
6.5. Same question for employer associations as 6.2.
The government generally consults the employer organisations which are considered to be representative at national level.
6.6. Are elections for a certain representational body established as criteria for the representativeness of employer associations?
No.
7. Commentary
In the footwear industry, social dialogue takes place on a regular basis, in particular regarding minimum pay. The law on ‘social democracy and working time reform’ will, by 2012, profoundly change rules regarding trade union representativeness, and thus impact on the union landscape in the footwear industry.
Benoît Robin, Institute for Economic and Social Research (IRES)