Luxembourg: 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 Luxembourg. 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

The sector is composed of 564 companies (398 hairdressers and 252 in beauty care). In 2007, 1,936 employees (0.55 % of national employment) worked in the sector compared to 1,227 employees in 1995. There is no collective agreement in the sector. The OGB-L has approximately 500 members in this sector. There are two employer associations: the Luxembourg Federation of the Owners Hairdressers with 190 members and the Federation of the Graduated Aestheticians with 63 members.

1. Sectoral properties

  1995 2007**
Number of employers (Note: if the number of employers is nt available, please indicate the form of the unit [e.g. companies, establishments, etc.] the number refers to) 93,021: 375 93,022: 91 Total: 466 93,021: 398 93,022: 252 Total : 564
Aggregate employment* 93,021: 1,615 93,022: no data Total: / 93,021: 2,123 93,022: no data Total: /
Male employment* No data No data
Female employment* No data No data
     
Aggregate employees 93.021: 1117 93.022: 110 Total: 1227 93.021: 1670 93.022: 286 Total: 1956
Male employees 93.021: 115 93.022: 17 Total: 132 93.021: 180 93.022: 43 Total: 223
Female employees 93.021: 1002 93.022: 93 Total: 1095 93.021: 1490 93.022: 243 Total: 1733
Aggregate sectoral employment as a % of total employment in the economy No data No data
Aggregate sectoral employees as a % of the total number of employees in the economy 0554% (197.500 employees in 1995 according to the STATEC) 0.555% (312.200 employees in 2007 according to the STATEC)

* employees plus self-employed persons and agency workers

** or most recent data

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)

Hairdressers sector : La Fédération des Patrons Coiffeurs Luxembourg.

Beauty care sector : no data.

2a Data on the trade unions

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

OGB-L: Voluntary.

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

No

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

61.000

2a.4 Number of union members in the sector

500

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

33% (approx.).

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)

19.5%

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

25,83%.

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

25,83%.

2a.9 Does the union conclude collective agreements?

Yes, but not in this sector

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

2b Data on the employer associations

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

  • La Fédération des Patrons Coiffeurs Luxembourg : Voluntary.
  • La Fédération des Diplômés en Soins Esthétiques : No data.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : No.
  • La Fédération des Diplômés en Soins Esthétiques : No data.

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

2b.4 Number of member companies in the sector

  • La Fédération des Patrons Coiffeurs Luxembourg : 190. (Source : Fédération des Patrons Coiffeurs Luxembourg).
  • La Fédération des Diplômés en Soins Esthétiques : 63 (Source : Fédération des Diplômes en Soins Esthétiques.

.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : 1,670.
  • La Fédération des Diplômés en Soins Esthétiques : No data.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : 1,670.
  • La Fédération des Diplômés en Soins Esthétiques : No data.

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)

  • La Fédération des Patrons Coiffeurs Luxembourg : 100%.
  • La Fédération des Diplômés en Soins Esthétiques : No data.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : 33.69%.
  • La Fédération des Diplômés en Soins Esthétiques : 11.17%.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : 47.7%.
  • La Fédération des Diplômés en Soins Esthétiques : 25 %.

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)

  • La Fédération des Patrons Coiffeurs Luxembourg : No data.
  • La Fédération des Diplômés en Soins Esthétiques : No data.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : No data.
  • La Fédération des Diplômés en Soins Esthétiques : No data.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : No data.
  • La Fédération des Diplômés en Soins Esthétiques : No data.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : No.
  • La Fédération des Diplômés en Soins Esthétiques : No.

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

  • La Fédération des Patrons Coiffeurs Luxembourg : Organisation Mondiale de la Coiffure (OMC) et Coiffure-EU.
  • La Fédération des Diplômes en Soins Esthétiques : No data.

3. Inter-associational relationships

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

n.a.

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?

n.a.

3.3. If yes, are certain trade unions excluded from these rights?

n.a.

3.4. Same question for employer associations as 3.1.

There is only one employer association in the hair sector : Fédération des Patrons Coiffeurs Luxembourg.

There is only one employer association in the beauty care sector : Fédération des Diplômés en Soins Esthétiques

3.5. Same question for employer associations as 3.2.

n,a,

3.6. Same question for employer associations as 3.3.

n.a.

3.7. Are there large companies or employer associations which refuse to recognise the trade unions and refuse to enter collective bargaining?

4. The system of collective bargaining

According to the OGB-L, the employees of the sector do not mandate the trade union.

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).

n.a.

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.)

n.a.

4.2.1. Is there a practice of extending multi-employer agreements to employers who are not affiliated to the signatory employer associations?

n.a.

4.2.2. If there is a practice of extending collective agreements, is this practice pervasive or rather limited and exceptional?

n.a.

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.

Sector-related multi employer wage agreements
Bargaining parties Purview of the sector-related multi-employer wage agreements
  Sectoral Type of employees Territorial
       
       

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.

Four most important agreements in terms of employees covered
Bargaining parties Purview of the agreements
  Sectoral Type of employees Territorial
       
       
       
       

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?

  • La Fédération des Patrons Coiffeurs Luxembourg : Yes
  • La Fédération des Diplômés en Soins Esthétiques : No data

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:

  • La Fédération des Patrons Coiffeurs Luxembourg : No
  • La Fédération des Diplômés en Soins Esthétiques : No
Sector-specific public policies*
Name of the body and scope of activity Bipartite/tripartite Origin: agreement/statutory Trade unions having representatives (reps) Employer associations having reps.
         
         

* Sector-specific policies specifically target and affect the sector under consideration.

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.

For each collective agreement, a single negotiating committee is formed which brings together those unions which meet the conditions stipulated in articles L.161-3, L.-161-4 and 161.-5 of the labour code, according to the agreement concerned:

Article L.161-3 defines the recognition criteria for a union:

  • It must be a professional grouping of employees with an internal structure, whose aim is to defend its members’ professional interests and represent them collectively, as well as to improve their working conditions.
  • It must be independent from its contractual partners and must provide evidence of sufficient capacity, of organisational independence and of financial autonomy (from its potential contractual partners).
  • With regard to the power to negotiate and sign collective agreements, unions are classified in accordance with articles L.161-4, L.161-7 and, where applicable, article L.-162-4.

Article L-161-4 defines the general national representativeness of a union in terms of its capacity to sustain a major labour dispute at national level.

  • the union must actually be active in the majority of economic sectors and regions of the country; this presence is checked on the basis of the results obtained by the union at the most recent election for personnel delegations to have been held before the date of the decision on the application for recognition of general national representativeness;
  • the union’s activities must be diversified in both material and geographical terms.

In addition, there is the exception of national representativeness in an economic sector of particular importance, as set out in article L.-161-6. The economic sector’s importance is defined with reference to the number of employees in it: at least 10% of the people referred to in article L.161-1 employed in Luxembourg must be affected. In addition, more than one company must be affected. At present, the only sector in Luxembourg of particular importance to the national economy is the financial sector.

In order to seek recognition of national representativeness within the meaning of article L.161-6, according to article L-167-1 the union must:

  • have presented lists and had elected candidates at the last two elections to the professional chamber(s) to have been held before the date of the decision on the application for recognition of representativeness;
  • have obtained either 50% of the votes for the group of the professional chamber where the group coincides entirely with the field of application of the collective agreement concerned, or, where it does not coincide in this way, or if the group consists entirely or partly of workers not covered by the field of application of the law, 50% of the votes at the most recent elections for personnel delegations in the sector as defined in accordance with the foregoing provisions. In such a case, no account is taken of votes received by candidates who stood in the name of the applicant union, excluding so-called neutral candidates.

The unions in question are:

.

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.

Only unions with general national representativeness may participate in the tripartite negotiations. The unions in question are the LCGB, OGB-L and the CGFP.

For the criteria see 6.1.

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 6.1.6.5. Same question for employer associations as 6.2.6.6. 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.

Odette Wlodarski, Prevent

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