Portugal: 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 Portugal. 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

Social partner organisations in personal services seem to be very fragile. The sector union SINDPAB and the services union CESP may be considered the motors of collective bargaining in the sector, the first in Southern and Central Portugal, the latter in the North. Collective bargaining still has a high legal coverage, but taking into account the low union density and the fragility of employers’ associations, the effective regulatory capacity of collective agreements may be weak. There is no institutionalised bi- or tripartite dialogue on fundamental problems of the sector. There are no mechanisms for measuring or regulating representativeness.

Sectoral properties

  2000# 2005**
Number of employers n.a. n.a.
Aggregate employment* n.a. n.a.
Male employment* n.a. n.a.
Female employment* n.a. n.a.
Aggregate employees 7,478 (7,039 full time) 10,724 (10,180 full time)
Male employees n.a. n.a.
Female employees m.a. n.a.
Aggregate sectoral employment as a % of total employment in the economy n.a. n.a.
Aggregate sectoral employees as a % of the total number of employees in the economy 0.24% 0.28%

* employees plus self-employed persons and agency workers

# Coverage of the national collective branch agreement for Barbershops, Hairdressers and Beauty Institutes, according to Quadros de Pessoal 2000. Note: We usually use the data from the Census 1991 and 2001 because the Quadros de Pessoal are restricted to a universe that does not cover the informal sector of the economy. The % of the total number of employees in the economy was calculated in relation to the total number of workers according to the Census 1991. The reason for this is that the Quadros de Pessoal do not include the numbers of public servants.

** Coverage of the national collective branch agreement for Barbershops, Hairdressers and Beauty Institutes, according to Quadros de Pessoal 2005. Note: We usually use the data from the Census 1991 and 2001 because the Quadros de Pessoal are restricted to a universe that does not cover the informal sector of the economy. The % of the total number of employees in the economy was calculated in relation to the total number of workers according to the Census 2001. The reason for this is that the Quadros de Pessoal do not include the numbers of public servants.

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)

  • SINDPAB: Union of Professionals in Hairdressing and Beauty Services (Sindicato dos Profissionais de Penteado, Arte e Beleza)
  • CESP: Union of Commerce, Office and Service Workers of Portugal (Sindicato dos Trabalhadores do Comércio, Escritórios e Serviços de Portugal).

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

  • SITESE: Union of Administrative, Commerce, Hotel and Service Workers (Sindicato dos Trabalhadores de Escritório, Comércio, Hotelaria e Serviços).

(according to Christine Auberson, UNI)

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

  • Portuguese Association of Barbershops, Hairdressers and Beauty Institutes (Associação Portuguesa de Barbearias, Cabeleireiros e Institutos de Beleza, APBCIB).
  • Association of Hairdressers of Portugal( Associação dos Cabeleireiros de Portuga, ACPl).
  • Association of Barbershops and Hairdressers in the District of Braga ( Associação dos Barbeiros e Cabeleireiros do Distrito de Braga, ABCDB).

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

COIFFURE EU has no Portuguese member organisation.

2a Data on the trade unions

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

  • SINDPAB: Voluntary
  • CESP: Voluntary
  • SITESE: Voluntary

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

  • SINDPAB: National; barbers, hairdressers, professionals in massage, manicure, pedicure and beauty parlours
  • CESP: National; all workers in commerce and services, and office staff in all sectors of the economy
  • SITESE: National; service workers in all sectors of the economy

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

  • SINDPAB: Approximately 1,000 (estimate by union official)
  • CESP: n.a.
  • SITESE: n.a.

2a.4 Number of union members in the sector

  • SINDPAB: Approximately 1,000 (estimate by union official)
  • CESP: n.a
  • SITESE: None (according to SITESE)

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

  • SINDPAB: More than 80% (estimate by union official)
  • CESP: n.a.
  • SITESE: n.a.

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)

  • SINDPAB: approximately 10%
  • CESP: n.a.
  • SITESE: 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

  • SINDPAB: Approximately 10%
  • CESP: n.a.
  • SITESE: 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

  • SINDPAB: Approximately 10%
  • CESP: n.a.
  • SITESE: n.a.

2a.9 Does the union conclude collective agreements?

SINDPAB: Yes

CESP: yes

SITESE: no

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

  • SINDPAB: None
  • CESP: national: CGTP-IN; EU and international: none
  • SITESE: National: FETESE (Federation of Unions of Workers and Technicians in Services / Federação dos Sindicatos dos Trabalhadores de Escritório e Serviços), UGT; EU and international: UNI

2b Data on the employer associations

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

  • APBCIP: voluntary
  • ACP: voluntary
  • ABCDB: voluntary

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

  • APBCIP: n.a.
  • ACP: n. a.
  • ABCDB: n.a.

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

  • APBCIP: n. a.
  • ACP: n.a.
  • ABCDB: n.a.

2b.4 Number of member companies in the sector

  • APBCIP: n.a.
  • ACP: n.a.
  • ABCDB: n.a.

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

  • APBCIP: n. a.
  • ACP: n.a.
  • ABCDB: n.a.

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

  • APBCIP: n. a.
  • ACP: n.a.
  • ABCDB: 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)

  • APBCIP: n. a.
  • ACP: n.a.
  • ABCDB: n.a.

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

  • APBCIP: n. a.
  • ACP: n.a.
  • ABCDB: n.a.

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

  • APBCIP: n. a.
  • ACP: n.a.
  • ABCDB: n.a.

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)

  • APBCIP: n. a.
  • ACP: n.a.
  • ABCDB: 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

  • APBCIP: n. a.
  • ACP: n.a.
  • ABCDB: n.a.

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

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

  • APBCIP: Yes
  • ACP: Yes
  • ABCDB: Yes

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

  • APBCIP: National: Confederation of Commerce and Services of Portugal (Confederação do Comércio e Serviços de Portugal CCP)
  • ACP: n.a.
  • ABCDB: n.a.

3. Inter-associational relationships

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

SINDPAB’s domain represents a small segment of CESP’s and SITESE’s domain.

CESP and SITESE have very similar domains (almost complete 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?

According to SINDPAB there is no competition or rivalry between unions in the sector.

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

No.

3.4. Same question for employer associations as 3.1.

n. a.

3.5. Same question for employer associations as 3.2.

n. a.

3.6. Same question for employer associations as 3.3.

No.

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

n. a.

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).

The collective agreement signed by SINDPAB and the APBCIB - Portuguese Association of Barbershops, Hairdressers and Beauty Institutes and has regularly been extended to the to all companies of the sector in the areas of central and southern Portugal (1999, 2001, 2003).

The collective agreement signed by CESP and Association of Hairdressers of Portugal covers the Northern region of Portugal. This agreement has also been regularly extended to all companies of the sector in this region.

SINDPAB signs a specific agreement with the Association of Barbershops and Hairdressers in the District of Braga which is part of the Northern region.

Therefore we may consider that the coverage of the existing collective agreements tends to be complete.

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.)

There are no single employer agreements.

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

Yes (see answer 4.1.)

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

Pervasive

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
SINDPAB - APBCIB Barbershops, Hairdressers and Beauty Institutes All Southern and Central Portugal
CESP - Association of Hairdressers of Portugal covers the Northern region of Portugal Barbershops, Hairdressers and Beauty Institutes All Northern Portugal
SINDPAB -Association of Barbershops and Hairdressers in the District of Braga Barbershops, Hairdressers and Beauty Institutes All District of Braga

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.

See answer to 4.3.

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?

No.

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:

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.
Specialized Technical Committee (Comissão Técnica Espacializada) for occupational training Tripartite Statutory CESP (indicated by CGTP) SINDPAB (indicated by UGT) Associations indicated by employers confederations in commerce (CCP) and in industry (CIP)
         

* 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.

No.

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.

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.

No.

6.5. Same question for employer associations as 6.2.

No.

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

Social partner organisations in this sector seem to be extremely fragile. Union density seems to be very low (approx. 10%), and the only organisation that was willing and able to answer to our question, the union SINDPAB, informed us that the most important employers’ association, APBCIB, has no functioning board and encounters serious difficulties in electing a new one. Furthermore, the most important collective agreement (SINDPAB-APBCIB) has not been renewed since 2003. This indicates that social partners organisations and the relations between them are in a very difficult situation.

Reinhard Naumann, Dinâmia

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