France: Representativeness of the European social partner organisations – Personal services sector

  • Observatory: EurWORK
  • Topic:
  • Published on: 20 Styczeń 2010



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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 personal services 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.

Introduction

Hairdressing is the second biggest craft sector in terms of the number of companies involved. At the end of 2007, 162,000 people were involved, including 118,000 employees; 38.3% of hairdressers do not have employees. The great majority (90 %) of hairdressing salons is still independent, but the number of companies with several salons is continuing to increase. Home hairdressing is also on the increase in recent years (more than 10,000 companies on 1 January 2008).

There are two employers' organisations – one is very old (founded in 1896) and has quite a few members, whereas the other was established much more recently (1995). The five sector-level union organisations, which are affiliated to the five confederations, have members in several fields, including hairdressing. The last federation specifically for hairdressers (affiliated to Force Ouvrière) became the general hairdressing union of the GFTA- Force Ouvrière in January 2008, after several years of discussions.

Social dialogue tends to give priority to the sector-level collective agreement, which is either renegotiated or modified via additional clauses.

The predominance of very small, small and medium-sized enterprises means that organising workers is very difficult. This problem is even more pronounced in relation to hairdressing at home because of workers' isolation.

1. Sectoral properties

  1995** 2008***
Number of companies (Note: if the number of employers is not available, please indicate the form of the unit [e.g. companies, establishments, etc.] the number refers to) 54,871 establishments (51,516 salons and 3,355 home hairdressing 65,990 establishments (55,763 salons and 10,227 home hairdressing
Aggregate employment* 145,000 162,000
Male employment* 16% 14%
Female employment* 84% 86%
Aggregate employees 99,393**** 118,552
Male employees 14% 12%
Female employees 86% 88 %
Aggregate sectoral employment as a % of total employment in the economy 0.65% (22,274.0 thousands**) 0.64% (25,191.9 thousands)
Aggregate sectoral employees as a % of the total number of employees in the economy 0,50% (20,035.3 thousands****) 0.52% (22,965.0 thousands)

* employees plus self-employed persons and agency workers

** 1st January 1996

*** 1st January 2007

**** 1st January 1997

Source: FNC-INSEE

2. The sector’s trade unions and employer associations

This section includes the following trade unions and employer associations:

1. trade unions which are party to sector-related collective bargaining (In line with the conceptual remarks outlined in the accompanying briefing note, we understand sector-related collective bargaining as any kind of collective bargaining within the sector, i.e. single-employer bargaining as well as multi-employer bargaining. For the definition of single- and multi-employer bargaining, see 4.2)

2. trade unions which are a member of the sector-related European Union Federation (i.e. UNI-EUROPA – Hair and Beauty)

3. employer associations which are a party to sector-related collective bargaining

4. employer associations (business associations) which are a member of the sector-related European Business Federation (i.e. COIFFURE EU)

2a Data on the trade unions

  • The Services Federation (Fédération des services) affiliated to the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT)
  • The National Federation of Commerce and Services Executives (Fédération nationale de l’encadrement, du commerce et des services, FNECS) 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)
  • The Commerce, Services, Sales Staff Federation (Fédération commerce-services-forces de vente) affiliated to the French Christian Workers’ Confederation (Confédération française des travailleurs chrétiens, CFTC)
  • The Commerce Federation (Fédération du commerce) affiliated to the General Confederation of Labour (Confédération générale du travail, CGT)
  • The General Hairdressing Union-General Federation of Agricultural, Food, Tobacco and Associated Services Workers Workers (Syndicat général de la coiffure – Fédération générale des travailleurs de l’agriculture, de l’alimentation, des tabacs et des services annexes, FGTA) 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)

  • Fédération des services – CFDT: Voluntary
  • FNECS CFE-CGC: voluntary
  • Fédération commerce-services-forces de vente - CFTC: Voluntary
  • Fédération du commerce - CGT: Voluntary
  • Syndicat général de la coiffure - FGTA - Force ouvrière: Voluntary

2a.2 Formal demarcation of membership domain (e.g. white-collar workers, private-sector workers, personal services employees, etc.)

  • Fédération des services – CFDT: No formal demarcation
  • FNECS CFE-CGC: No formal demarcation (employees, whether they have the status of white-collar workers or not)
  • Fédération commerce-services-forces de vente - CFTC: No formal demarcation
  • Fédération du commerce - CGT: No formal demarcation
  • Syndicat général de la coiffure - FGTA - Force ouvrière: No formal demarcation

2a.3 Number of union members (i.e. the total number of members of the union as a whole)

  • Fédération des services – CFDT: Very difficult to give a number.
  • FNECS CFE-CGC: 2,700 people (in 2007)
  • Fédération commerce-services-forces de vente - CFTC: 25,000 people (in 2007)

Fédération du commerce - CGT: Not available

Syndicat général de la coiffure - FGTA - Force ouvrière: Not available

2a.4 Number of union members in the sector

It is very difficult to identify union members in this sector, as unions do not necessarily know which sector members belong to for two reasons:

  • There are very few specific union branches or sections because of the small number of employees in most establishments. The great majority of companies are not big enough to have staff representative bodies and elections for employee representatives and union delegates.
  • People in most cases join individually at the departemental or local union level. They do not mention in which sector there are employed.
  • Fédération des services – CFDT: Not available
  • FNECS CFE-CGC: Not available
  • Fédération commerce-services-forces de vente - CFTC: Not available .
  • Fédération du commerce - CGT: Not available
  • Syndicat général de la coiffure - FGTA - Force ouvrière: Not available.

2a.5 Female union members as a percentage of total union membership

  • Fédération des services – CFDT: Not available
  • FNECS CFE-CGC: 40%
  • Fédération commerce-services-forces de vente - CFTC: 35%
  • Fédération du commerce - CGT: Not available
  • Syndicat général de la coiffure - FGTA - Force ouvrière: 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)

n.a.

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

n.a.

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

n.a.

2a.9 Does the union conclude collective agreements?

  • Fédération des services – CFDT: Yes
  • FNECS CFE-CGC: Yes
  • Fédération commerce-services-forces de vente - CFTC: Yes
  • Fédération du commerce - CGT: Yes
  • Syndicat général de la coiffure - FGTA - Force ouvrière: Yes

2a.10 For each association, list their affiliation to higher-level national, European and international interest associations (including cross-sectoral associations)

  • Fédération des services CFDT: CFDT, UNI-EUROPA Hair and Beauty through the confederation.
  • FNECS CFE-CGC: CFE-CGC
  • Fédération commerce-services-forces de vente - CFTC: CFTC
  • Fédération du commerce - CGT: CGT, UNI-EUROPA Hair and Beauty through the confederation.
  • Syndicat général de la coiffure - FGTA - Force ouvrière: CGT-Force ouvrière, UNI-EUROPA Hair and Beauty through the confederation.

2b Data on the employer associations

The National Federation of Hairdressing (Fédération nationale de la coiffure, FNC)

The National Council of Hairdressing Companies (Conseil national des entreprises de coiffure, CNEC)

2b.1 Type of membership (voluntary vs. compulsory)

  • FNC: Voluntary
  • CNEC: Voluntary

2b.2 Formal demarcation of membership domain (e.g. SMEs, small-scale crafts/industry, personal services enterprises, etc.)

  • FNC: no; Regarding subscriptions, a distinction is made between establishments with employees and establishments without employees, and between salons and home hairdressing.
  • CNEC: Hairdressing companies (salons) only, with the exception of home hairdressing. Its members are companies with several salons, independent hairdressers having at least three employees, franchisers, salons under banner.

2b.3 Number of member companies (i.e. the total number of members of the association as a whole)

  • FNC: 7,500 establishments, of which 150 are home hairdressing establishments.
  • CNEC: 3,752 companies.

2b.4 Number of member companies in the sector

See 2b.3 (all members in the sector).

2b.5 Number of employees working in member companies (i.e. the total number of the association as a whole)

  • FNC: n.a.
  • CNEC: A little over 25,000 people.

2b.6 Number of employees working in member companies in the sector

See 2b.5.

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)

  • FNC: 7,500 hairdressing companies (salons) with the exception of home hairdressing
  • CNEC: n.a. (number of potential members 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

See 2b.7.

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

See 2b.7.

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)

n.a.

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

  • FNC: 20.000 employees in the 75000 companies
  • CNEC: 25,000/118,550 i.e. 21%.

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

n.a.

2b.13 Does the employer association conclude collective agreements?

  • FNC: Yes.
  • CNEC: Yes; representativeness recognised in December 1998.

2b.14 For each association, list their affiliation to higher-level national, European and international interest associations (including the cross-sectoral associations).

FNC: the Craftwork Employers' Association (Union professionnelle artisanale, UPA) via The National Confederation of Craft Industry Trades and Services (Confédération nationale de l’artisanat, des métiers et des services, CNAMS); The European Association of Craft Small and Medium-sized Enterprises (Union européenne de l’artisanat et des petites et moyennes enterprises), UEAPME; OMC Hairworld (Organisation mondiale de la coiffure)

CNEC: the General Confederation of Small and Medium-sized Enterprises (Confédération générale des petites et moyennes entreprises, CGPME).

3. Inter-associational relationships

3.1. Please list all trade unions covered by this study whose domains overlap.

The domains of four trade unions overlap: Fédération des services – CFDT, Fédération commerce-services-forces de vente – CFTC, Fédération du commerce - CGT, Syndicat général de la coiffure - FGTA - Force ouvrière.

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?

No. They all have the right to take part in collective bargaining.

3.3. If yes, are certain trade unions excluded from these rights?3.4. Same question for employer associations as 3.1.3.5. Same question for employer associations as 3.2.

No.

3.6. Same question for employer associations as 3.3.3.7. Are there large companies or employer associations which refuse to recognise the trade unions and refuse to enter collective bargaining?

No.

4. The system of collective bargaining

4.1. Estimate the sector’s rate of collective bargaining coverage (i.e. the ratio of the number of employees covered by any kind of collective agreement to the total number of employees in the sector).

Taking into account the systematic extension of agreements, 100% of employees in the sector are covered by the collective agreement.

4.2. Estimate the relative importance of multi-employer agreements and of single-employer agreements as a percentage of the total number of employees covered. (Multi-employer bargaining is defined as being conducted by an employer association on behalf of the employer side. In the case of single-employer bargaining, it is the company or its subunit(s) which is the party to the agreement. This includes the cases where two or more companies jointly negotiate an agreement.)

Agreements are negotiated at the sector level.

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?

This is normal practice.

4.3. List all sector-related multi-employer wage agreements* valid in 2006 (or most recent data), including for each agreement information on the signatory parties and the purview of the agreement in terms of branches, types of employees and territory covered.

* Only wage agreements which are (re)negotiated on a reiterated basis.

National pay agreements are very important in a sector where small companies predominate – they are, in fact, the only guarantee of improved pay.

Sector-related multi employer wage agreements
Bargaining parties Purview of the sector-related multi-employer wage agreements
  Sectoral Type of employees Territorial
Additional clause No. 10 for the collective agreement on pay and grading (December 2007) FNC et CNEC CFE-CGC, FO, CSFV-CFTC Hairdressing All National
Additional clause No. 1 on pay (July 2006) FNC and CNEC FS-CFDT, FNECS-CFE-CGC, FNC-FO, CSFV-CFTC Hairdressing All National

4.4. List the sector’s four most important collective agreements (single-employer or multi-employer agreements) valid in 2006 (or most recent data), including for each agreement information on the signatory parties and the purview of the agreement in terms of branches, types of employees and territory covered. Importance is measured in terms of employees covered.

The national hairdressing collective agreement (convention collective nationale, CCN) is the basic text (1980). The additional clauses, agreements and appendices bring periodic changes regarding specific points. All bargaining concerns the field of the collective agreement.

There are no regional normative agreements. There can be regional agreements for adapting measures of national agreements (for example, concerning Sunday opening and opening hours on public holidays).

Four most important agreements in terms of employees covered
Bargaining parties Purview of the agreements
  Sectoral Type of employees Territorial
Agreement on the compulsory top-up health insurance (September 1999; last additional clause, November 2007) FNC and CNEC CFE-CGC, CGT, CFDT, FO, CSFV-CFTC Hairdressing (scope of the CCN) All National
Agreement on the providence fund (April 2007) FNC and CNEC CFE-CGC, CGT, CFDT, FO, CSFV-CFTC Hairdressing (scope of the CCN) All National
Agreement on employee savings (December 2006) FNC and CNEC CFE-CGC, CGT, CFDT, FO, CSFV-CFTC Hairdressing (scope of the CCN) All National
Agreement on life-long vocational training (March and December 2005) FNC and CNEC CFDT, CSFV-CFTC, FO additional clause (December 2006) FNC et CNEC CFE-CGC, CFDT, CSFV-CFTC, FO Hairdressing (scope of the CCN) All National
Agreement on organisation and reduction of working time (September 1999) FNC and CNEC FS- CFDT, FNECS-CGC, FECTAM-CFTC, FNC-FO and SNGTCAM-FO Hairdressing (scope of the CCN) 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? If yes, which associations?

The opinions vary widely. The FNC underlines that there are regular meetings, when necessary, between its representatives and the government. The CNEC reports that they are not always consulted. The trade unions are either rarely or not systematically consulted.

5.2. Do tripartite bodies dealing with sector-specific issues exist? If yes, please indicate their domain of activity (for instance, health and safety, equal opportunities, labour market, social security and pensions etc.), their origin (agreement/statutory) and the interest organisations having representatives in them:

There are no tripartite bodies.

Some subjects however are handled jointly. For example:

  • training, in the framework of the 19th Joint Consultative Committee (Commission Paritaire Consultative, CPC), of which the Ministry of Education and both trade unions and employers organisations are members;
  • prevention of accidents at work and occupational diseases: in the framework of the National Employed Workers' Sickness Insurance Fund (Caisse nationale d'assurance maladie des travailleurs salariés, CNAMTS) within a National Technical Committee (Comité Technique National) including trade unions and employers organisations.

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? If yes, please briefly illustrate these rules and list the organisations which meet them.

Unions and federations affiliated to representative confederations at national level can negotiate and sign collective agreements. Five confederations are considered to be representative at national level: CFDT, CFE-CGC, CFTC, CGT, CGT-FO.

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? If yes, please briefly illustrate these rules and list the organisations which meet them.

No. The trade union organisations considered to be representative at national level are entitled to be consulted and to participate to tripartite bodies.

6.3. Are elections for a certain representational body (e.g. works councils) established as criteria for trade union representativeness? If yes, please report the most recent electoral outcome for the sector.

No.

6.4. Same question for employer associations as 6.1.

There are no official representativeness criteria for employer associations.

6.5. Same question for employer associations as 6.2.

No. The employer organisations considered to be representative at the sector level are entitled to be consulted and to participate to tripartite bodies.

6.6. Are elections for a certain representational body established as criteria for the representativeness of employer associations? If yes, please report the most recent outcome for the sector.

No.

7. Commentary

Hairdressing is a craft activity, with a predominance of very small companies or salons. There is therefore a very low union membership. Moreover, most members want their membership kept confidential; they do not want to be delegates.

However, relations are rather good between trade unions and employer organisations. Social dialogue is regular, and most agreements are signed by all trade unions and employer organisations.

Annie Jolivet, Institut de recherches économiques et sociales, IRES

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