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Report examines collective bargaining in 2003

Foilsithe: 25 August 2004

The Ministry of Labour's report on collective bargaining in France in 2003, published in June 2004, finds that the rising volume of intersectoral bargaining observed in the previous year continued. However, the amount of sector-level bargaining, and particularly company-level bargaining, fell.

Download article in original language : FR0408107FFR.DOC

The Ministry of Labour's report on collective bargaining in France in 2003, published in June 2004, finds that the rising volume of intersectoral bargaining observed in the previous year continued. However, the amount of sector-level bargaining, and particularly company-level bargaining, fell.

On 28 June 2004, the National Collective Bargaining Commission (Commission nationale de la négociation collective) reviewed the Ministry of Social Affairs, Labour and Social Cohesion's [annual report](http://www.travail.gouv.fr/publications/picts/titres/titre2191/integral/NC 2003.pdf) on collective bargaining in the previous year, as it does each summer. The Commission contains representatives of trade unions and employers’ associations with representative status.

Intersectoral bargaining

For several years, national intersectoral collective bargaining involving the central confederations of employers and trade unions has been experiencing something of a revival (FR0309101F), as illustrated by table 1 below.

Table 1. Number of intersectoral agreements negotiated, 1998-2003
1998 1999 2000 2001 2002 2003
No. of agreements and additional clauses to existing agreements 33 34 25 39 43 66

Source: Ministry of Employment, Labour and Social Cohesion.

A notable development in 2003 was the national intersectoral agreement on continuing vocational training signed on 20 September 2003, and its transposition into law in December 2003 (FR0311103F). In addition to its content, and especially the establishment of an 'individual training entitlement' (droit individuel à la formation, DIF), this agreement attracted much comment because its signatories included the General Confederation of Labour (Confédération générale du travail, CGT), a trade union confederation that had not previously signed an intersectoral agreement since 1995.

Intersectoral bargaining also dealt with supplementary pensions schemes. An agreement signed on 13 November 2003 (FR0312103N): provided for a five-year extension of the scheme for funding retirement at 60 (from 1 January 2004 to 31 December 2008); established an early retirement supplementary pension for workers under 60 who have had long working lives, and continued the process of harmonising the general supplementary scheme, ARRCO, and the management and professional staff supplementary scheme, AGIRC,.

The last important issue dealt with at intersectoral level in 2003 was unemployment insurance. Negotiations in this area mainly focused on the special unemployment insurance scheme for workers employed sporadically on fixed-term contracts in the entertainment sector. An initial series of agreements and amendments to existing ones were signed in June and July 2003, provoking substantial protests among the workers concerned (FR0307104F). Although endorsed by the government, these agreements were nevertheless withdrawn for technical reasons, and renegotiated in November 2003 (FR0402101N).

Sectoral bargaining

Sector-level bargaining slowed slightly in 2003, with 884 agreements and additional clauses to existing agreements signed - compared with 892 in 2002, 897 in 2001, 870 in 2000 and 761 in 1999. Running against a trend identified over several years, national-level sectoral negotiating activity fell noticeably, with only 578 agreements and additional clauses signed, compared with 637 in 2002, 607 in 2001 and 582 in 2000. However sectoral bargaining at levels below the national (ie regional, local etc) increased, with 306 agreements and additional clauses signed, compared with 255 in 2002, and 290 in 2001. This development has divergent components, with the local and départemental levels on one side, and the regional level on the other. It is at départemental and local levels that the number of agreements and additional clauses rose the most, with 140 concluded (up from 82 in 2002), dealing particularly with pay, while there were 166 at regional level (173 in 2002).

Table 2 below indicates the proportion of all sectoral collective agreements signed by each of the five representative national trade union confederations over 1993-2003. The proportion of agreements signed varied noticeably between 2002 and 2003, depending on the confederation in question. CGT, the French Democratic Confederation of Labour (Confédération démocratique du travail, CFDT), and the General Confederation of Labour-Force Ouvrière (Confédération générale du travail Force Ouvrière, CGT-FO), clearly signed a smaller percentage of agreements in 2003, and in similar proportions - eg down 8.3 percentage points for CGT and 6.7 points for CFDT. On the other hand, the French Christian Workers’ Confederation (Confédération française des travailleurs chrétiens, CFTC) and 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) raised their overall rate of signing agreements at sector level. CFTC did so especially at the subnational level, while CFE-CGC did so principally at national level.

Table 2. % of all sectoral collective agreements signed by various trade unions, 1993-2003
Union 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
CGT 29.7 29.5 34.7 32.1 31.8 33.5 37.5 32.5 32.3 37.1 28.8
CFDT 65.2 72.7 68.2 67.3 68.5 69.5 70.5 69.4 71.0 77.4 70.7
CGT-FO 74.1 73.4 71.8 74.6 71.2 76.3 65.0 70.9 67.4 69.1 64.0
CFTC 61.0 61.3 60.3 59.1 63.5 60.2 61.4 62.0 63.8 63.0 66.1
CFE-CGC 57.6 59.2 57.9 61.8 63.4 63.8 61.5 61.0 62.6 59.2 65.7

Source: Ministry of Employment, Labour and Social Cohesion.

In terms of the topics covered by sectoral bargaining in 2003 - see table 3 below - the main trends identified over previous years continued; a drop in the number of agreements on the reorganisation and reduction of working time, following the intense bargaining activity prompted by the 'Aubry laws' of 1998 (FR9806113F) and 2000 (FR0001137F) on the 35-hour week; an increase in the number of agreements dealing with pay rises and bonuses; and an accelerating rise in the number of agreements on vocational training and apprenticeship. All the other topics - retirement provision, job classifications, employment levels, bonus schemes and paid leave - appeared less frequently in 2003 than in 2002.

Table 3. Main themes of sectoral collective agreements, 2002 and 2003
Theme No. of agreements
2002 2003
Pay rises 366 403
Vocational training and apprenticeship 86 93
Reorganisation and reduction of working time 98 70
Bonus increases 122 133
Retirement provision 79 55
Job classifications 44 32
Employment levels 21 17
Bonus schemes 17 8
Paid leave 17 13

Source: Ministry of Employment, Labour and Social Cohesion.

Because of the statutory obligation to bargain specifically on gender equality at work at company and sector levels at least every three years (FR0112152F and FR0308103T), the Ministry's report on collective bargaining in 2002 revealed a statistically significant rise in negotiations on this theme at sector level: 22 agreements mentioned this topic in 2002, compared with 12 in 2001. The number remained virtually stable at 24 in 2003.

Company-level bargaining

The number of company-level agreements continued to fall in 2003. The départemental offices of the Ministry of Labour, Employment and Social Cohesion recorded 16,000 such agreements, compared with 23,000 in 2002. The end of financial incentives provided for by the Aubry laws when a company-level agreement on the reorganisation and reduction of working time was signed partly explains this decline, which was particularly noticeable among very small businesses. Similarly, the procedure whereby a trade union with representative status can 'mandate' an employee to endorse an agreement at a company where there is no union representation (FR9807123F) is running out of steam in terms of numbers of agreements for the same reason.

From the data gathered on company-level bargaining, which for 2003 is still more or less provisional, the themes of participation, profit-sharing and employee savings emerged as the dominant ones, in the same proportions as in 2002, being dealt with in over 40% of agreements signed. Working time and pay were the other big bargaining issues at company level in 2003, with 29% of agreements signed addressing working time, and 27% pay. The proportion dealing with working time was equivalent to that of the year before (30% in 2002), and the proportion dealing with pay clearly rose in importance.

The percentage of company-level agreements signed by the various unions remained stable in comparison to previous years - see table 4 below.

Table 4. % of company agreements signed by various trade unions, or employees mandated by them, 2003 (provisional figures)
. CGT CFTC CFDT CFE-CGC CGT-FO Others
Union delegates 50.3% 28.1% 58.7% 34.3% 41.1% 13.4%
Mandated employees 15.4% 26.2% 38.9% 6.2% 17.6% 4.3%

Note: An agreement can be signed by one or more unions, so the total percentages may come to over 100.

Source: Ministry of Employment, Labour and Social Cohesion.

Commentary

The Ministry’s 2003 report indicates the end of the momentum for company-level bargaining generated in the second half of the 1990s through the theme of the overhaul and reduction of working time, courtesy of the 'Robien law' (1996) (FR9705146F) and Aubry laws (1998 and 2000). The end of this cycle may usher in another. From this perspective, the reform of the rules for social dialogue and collective bargaining introduced by a law passed in May 2004 will undoubtedly have an impact on the paths taken by bargaining at both sector and company levels (FR0404105F). Contrary to the wishes expressed by parliament, it is uncertain whether this will entail social dialogue that is positive for everyone. (Maurice Braud, IRES)

Molann Eurofound an foilsiúchán seo a lua ar an mbealach seo a leanas.

Eurofound (2004), Report examines collective bargaining in 2003, article.

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