Representativeness of the European social partner organisations: Catering sector – 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 contract catering sector 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 contract catering sector has stagnated in France since the beginning of the 1990s. All employees are covered by an industry-wide collective agreement. This is supplemented by industry-wide agreements on minimum wages. In addition, large enterprises negotiate a number of company agreements on a variety of issues on an annual basis. The number of members is reported by each trade union; it is therefore difficult to access more objective figures.
| 1996 | 2007** | |
|---|---|---|
| Number of employers | 11,175 establishments | 95 companiesor 16,043 establishments |
| Aggregate employment* | 86,717 | 86,557 |
| Male employment* | n.a. | n.a. |
| Female employment* | n.a. | n.a. |
| Aggregate employees | 76,717 | 77,268 |
| Male employees | n.a. | 33,568 |
| Female employees | n.a. | 43,700 |
| Aggregate sectoral employment as % of total employment in economy | n.a. | n.a. |
| Aggregate sectoral employees as % of total number of employees in economy | 0.47% | 0.43% |
Notes: * Employees plus self-employed persons and temporary agency workers. ** Or most recent data. n.a. = not available.
Source: GIRA Food Service and the National Institute of Statistics and Economic Studies (INSEE)
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;
There are five trade unions in the contract catering sector, namely the:
- General Federation of Workers in Agriculture, Food, Tobacco and Related Services (Fédération générale des travailleurs de l’agriculture, de l’alimentation, des tabacs et des services annexes, FGTA-FO) affiliated to the General Confederation of Labour – Force ouvrière (Confédération générale du travail – Force ouvrière, CGT-FO);
- Services Federation (Catering sector) (Federation des services (branche restauration collective)), affiliated to the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT);
- Federation of Workers in Trade, Distribution and Services (Catering sector) (Federation des Personnels du Commerce, de la Distribution et des Services (branche restauration collective)), affiliated to the General Confederation of Labour (Confédération générale du travail, CGT);
- Trade union of Workers in Hotels, Cafes, Restaurants, Bars and Communities (Syndicat National CFTC du Personnel des Hôtels, Cafés, Restaurants, Bars et Collectivités, CFTC-HCRBC), affiliated to the French Christian Workers’ Confederation (Confédération française des travailleurs chrétiens, CFTC);
- National Union of Managerial Staff (Syndicat national du personnel de l’encadrement CFE-CGC INOVA), 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).
2. trade unions which are a member of the sector-related European federation, namely the European Federation of Food, Agriculture and Tourism Trade Unions (EFFAT);
All five trade unions listed above.
3. employer organisations which are party to sector-related collective bargaining;
There are two employer organisations in the sector, namely the:
- National Employer Association of Catering (Syndicat national de la restauration collective, SNRC), affiliated to the Movement of French Enterprises (Mouvement des entreprises de France, MEDEF);
- National Employer Association of Catering and Services (Syndicat national des entreprises de restauration et de services, SNERS), affiliated to the General Confederation of Small and Medium-sized Enterprises (Confédération générale des petites et moyennes entreprises, CGPME).
4. employer organisations or business associations which are a member of the sector-related European business federation, namely the European Federation of Contract Catering Organisations (Fédération Européenne de la Restauration Collective Concédée, FERCO).
SNRC.
2a Data on the trade unions
2a.1 Type of membership (voluntary vs. compulsory)
Trade union membership is voluntary for all five trade unions, as is the case throughout the economy in France.
2a.2 Formal demarcation of membership domain (e.g. white-collar workers, private sector workers, employees in the food service sector, etc)
The trade unions organise all categories of staff – except for the CFE-CGC federation, which only organises executive and managerial staff.
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 as the majority of trade unions do not wish to divulge information on their membership numbers. Apart from the numbers provided by the trade unions themselves, which seem to be most probably overestimated according to findings of 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 that trade union membership rates are 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 way, they do make it possible to examine the level of unionisation in France. According to the EPCVM, just under 1,900,000 economically active employees are trade union members – that is, 8% to 9% of the total economically active population in employment in France. The survey, however, does not provide any information on the particular trade union affiliation of employees.
2a.4 Number of union members in the sector
Data are not available.
2a.5 Female union members as a percentage of total union membership
Data are not available.
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 at the Ministry of Labour, Solidarity and the Public Service (Ministère du Travail, de la Solidarité et de la Fonction Publique). The few available figures should therefore be assessed with 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 between 2% and 10%.
2a.8 Sectoral domain density: total number of members of the union in the sector in relation to the number of employees who work in that part of the sector as covered by the union domain
Data are not available.
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 contract catering sector.
2a.10 For each association, list their affiliation to higher-level national, European and international interest associations (including cross-sectoral associations)
As noted, the five trade unions are affiliated to EFFAT.
2b Data on the employer associations
2b.1 Type of membership (voluntary vs. compulsory)
As is the case for employees, membership of employer organisations is voluntary in France.
2b.2 Formal demarcation of membership domain (e.g. SMEs, small-scale crafts/industry, food service enterprises, etc)
SNERS is affiliated to CGPME, which represents SMEs.
2b.3 Number of member companies (i.e. the total number of members of the association as a whole)
- SNRC: 28 companies.
- SNERS: 53 companies.
2b.4 Number of member companies in the sector
- SNRC: 28 companies.
- SNERS: 53 companies.
2b.5 Number of employees working in member companies (i.e. the total number of the association as a whole)
- SNRC: a majority.
- SNERS: 15,000 employees.
2b.6 Number of employees working in member companies in the sector
- SNRC: a majority.
- SNERS: 15,000 employees.
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)
Almost all (100%). 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
Almost all. 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
Almost all. 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)
Almost all. 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
Almost all. 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
Almost all. 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).
SNRC is affiliated to MEDEF and FERCO.
SNERS is affiliated to CGPME.
3. Inter-associational relationships
3.1. Please list all trade unions covered by this study whose domains overlap.
All five trade unions listed above.
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?
The way that industrial relations are organised in France means that the questions in this section are not relevant. In France, all trade unions that are recognised as being representative have access to collective bargaining. The trade unions in the contract catering sector are affiliated to the five trade union confederations 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 contract catering sector 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 nature of the companies in the sector along with French industrial relations rules limit the scope of questions 4.1, 4.2 and 4.3. According to figures issued by the Ministry of Labour, Solidarity and the Public Service 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 catering sector – apart from those in French overseas departments who have an ad hoc agreement – are covered by a collective agreement. The rate of coverage of 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 employees are covered by an industry-wide collective agreement. This is supplemented by industry-wide agreements on minimum wages. In addition, large enterprises negotiate a number of company agreements 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, this practice is pervasive.
4.3. Sector-related multi-employer wage agreements* valid in 2007 (or most recent data)
* Only wage agreements which are (re)negotiated on a reiterated basis.
The national collective agreement (convention collective nationale, CCN) in the catering sector is the basic text, set out in 1983. 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 | |
| Catering | All | ||
4.4. Sector’s four most important collective agreements (single-employer or multi-employer agreements) valid in 2007 (or most recent data)
| Bargaining parties | Scope of agreements | ||
|---|---|---|---|
| Sectoral | Type of employees | Territorial | |
| Rider No. 04 to the collective agreement on vocational training (in French) Collective agreement on the minimum wage 20 July 2007 (in French) | Catering | All | |
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?
Yes.
5.2. Do tripartite bodies dealing with sector-specific issues exist?
| Name of body and scope of activity | Bipartite/tripartite | Origin: agreement/statutory | Trade unions having representatives | Employer organisations having representatives |
|---|---|---|---|---|
| CPNEFP Continuing training | Bipartite | Agreement | All | All |
Notes: * Sector-specific policies target and affect the sector under consideration. See text below for full title of CPNEFP.
The sectoral National Joint Commission on Continuing Training (Commission nationale paritaire 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.
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: 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 established by law and case law.
Regarding collective bargaining in the catering subsector (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 sectoral level do not oppose it; in other words, three out of the five trade union confederations must sign the 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 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.
There are no official representativeness criteria 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. The employer organisations considered to be representative at sectoral level are entitled to be consulted and to participate in tripartite bodies.
6.6. Are elections for a certain representational body established as criteria for the representativeness of employer associations?
n.a.
7. Commentary
Social dialogue takes place on a regular basis in the contract catering sector, in particular regarding minimum pay. The law on ‘social democracy and working time reform’ will, by 2012, profoundly change the rules regarding trade union representativeness, and thus have an impact on the union landscape throughout France, including in the contract catering sector.
Benoît Robin, Institute for Economic and Social Research (IRES)