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

  • Observatory: EurWORK
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  • Published on: 20 Styczeń 2010



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Abstract

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 Spain. 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 structure of the hairdressing and other beauty treatment sector in Spain is highly fragmented. It is a sector dominated by small companies and with a very high presence of self-employed entrepreneurs. The employment in the sector is highly feminised (about 80%), and has a high rate of temporary employment (over 40%) and low pay. The evolution of the structure of collective bargaining has contributed to the wage restraint. The conclusion of a national sectoral collective agreement on basic issues has not been accompanied by the development of collective bargaining lower levels (provincial and company) to improve working conditions according to the specific circumstances.

1. Sectoral properties

  1995 2006**
Number of employers n.a. 92,514 (A)
Aggregate employment* n.a. 286,800 (A) (3)
Male employment* n.a. 78,000
Female employment* n.a. 208,000
Aggregate employees n.a. n.a.
Male employees n.a. n.a.
Female employees n.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 n.a. n.a.

* Employees plus self-employed persons and agency workers

** Or most recent date

(3) Domain Overlap: Number of persons contributing to the Social Security system in the NACE 93.0 classification. For the figures of density we use the employment figures supplied by the trade unions: about 180,000 workers.

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)

Please see the list of UNI-EUROPA – Section Hair and Beauty affiliates in the accompanying ANNEX. For the notion of ‘sector-related’, see the conceptual remarks in the accompanying background briefing note. Please be reminded that trade unions and employer associations should be excluded where their domain covers, for instance, only physical well-being activities according to NACE 93.04, but not any part of hairdressing and other beauty treatment activities according to NACE 93.02!

2a Data on the trade unions

National Sector of Cleaning and Services to Society of the Service Federation of the General Workers' Confederation (Federación de Servicios de la Unión General de Trabajadores, FES-UGT)

Federation of Diverse Activities of the Trade Union Confederation of Workers' Commissions (Federación de Actividades Diversas de Comisiones Obreras, AADD-CCOO)

Federation of Solidarity Services of Basque Workers (Federación de Servicios de Solidaridad de Trabajadores Vascos, ELA-ZERBITZUAK)

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

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

  • FES-UGT: All types of workers in the sector.
  • AADD-CCOO: All types of workers in the sector
  • ELA-ZERBITZUAK: All types of workers in the sector who carry out their activity in the Basque Autonomous Community and Navarre.

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

  • FES-UGT: 120,000 members.
  • AADD-CCOO: 73,700 members.
  • ELA-ZERBITZUAK: The Service Federation of ELA had around 22,000 members in 2004 (the figure given on the trade union’s website)

2a.4 Number of union members in the sector

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

  • FES-UGT: 40% of the total membership of the FES-UGT (2a.3) and 85% of the total membership of the sector (2a.4).
  • AADD-CCOO: 35% of the total membership of the AA.DD (2a.3) and 90% of the total membership of the sector (2a.4).
  • ELA-ZERBITZUAK: 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)

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 definition2a.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

  • FES-UGT: 2% (E) in the hairdressing subsector (NACE 93.02)
  • AADD-CCOO: 2% (E) in the hairdressing subsector (NACE 93.02)
  • ELA-ZERBITZUAK: n.a.

Note: 2a.7 and 2a.8 differ if the union organises only a particular part of the sector.

2a.9 Does the union conclude collective agreements?

  • FES-UGT: Yes, the trade union is a signatory to the National Sectoral Agreement of Hairdressers, Beauty Salons and Gymnasiums.
  • AADD-CCOO: Yes, the trade union is a signatory to the National Sectoral Agreement of Hairdressers, Beauty Salons and Gymnasiums.
  • ELA-ZERBITZUAK: Yes, the trade union is a signatory to the sectoral agreements of the provinces in the Basque Autonomous Community: Alava, Guipuzcoa and Vizcaya.

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)

  • FEIPPSB: Voluntary.
  • ANEPECS: Voluntary
  • FANAE: Voluntary
  • CEPE: Voluntary

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

  • FEIPPSB: All types of companies in the sector.
  • ANEPECS: All types of companies in the sector.
  • FANAE: The Federation represents 10 provincial associations of beauty treatment companies.
  • CEPE: Hairdressing and beauty treatment firms in the whole of Spain.

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

  • FEIPPSB: The Federation represents the employers' organisations of the sector in 33 Spanish provinces, which in turn represent a total of 7,733 companies (2001) (S.).
  • ANEPECS: The Association represents 25 provincial organisations that in turn represent a total of 27,556 companies (2001) (S)
  • FANAE: n.a.
  • CEPE: n.a.

2b.4 Number of member companies in the sector

  • FEIPPSB: 7,733 (S)
  • ANEPECS: 27,556 (S)
  • FANAE: n.a.
  • CEPE: n.a.

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

  • FEIPPSB: 15,446 (S)
  • ANEPECS: 55,000 (S)
  • FANAE: n.a.
  • CEPE: n.a.

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

  • FEIPPSB: 15,446 (S)
  • ANEPECS: 55,000 (S)
  • FANAE: n.a.
  • CEPE: 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)

  • FEIPPSB: 9% (E)
  • ANEPECS: 30% (E)
  • FANAE: n.a.
  • CEPE: 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

  • FEIPPSB: Not significant.
  • ANEPECS: -
  • FANAE: n.a.
  • CEPE: 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 domainFEIPPSB: Not significant.
  • ANEPECS: -
  • FANAE: n.a.
  • CEPE: 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)

  • FEIPPSB: 9% (E)
  • ANEPECS: 30% (E)
  • FANAE: n.a.
  • CEPE: 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

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?FEIPPSB: Yes; the Federation is a signatory to the National Sectoral Agreement of Hairdressers, Beauty Salons and Gymnasiums.
  • ANEPECS: Yes; the Federation is a signatory to the National Sectoral Agreement of Hairdressers, Beauty Salons and Gymnasiums.
  • FANAE: Yes; the Federation is a signatory to the National Sectoral Agreement of Hairdressers, Beauty Salons and Gymnasiums.
  • CEPE: Yes; the Federation is a signatory to the National Sectoral Agreement of Hairdressers, Beauty Salons and Gymnasiums.

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

  • FEIPPSB: At a national level, the Federation is affiliated to the Spanish Confederation of Employers' Organizations (Confederación Española de Organizaciones Empresariales, CEOE). At an international level, it is a member of the Organisation Mondiale Coiffeur (OMC).
  • ANEPECS: At a national level, the ANEPS is affiliated to the Spanish Confederation of Small and Medium-Sized Enterprises (Confederación Española de Pequeñas y Medianas Empresas, CEPYME). At an international level, it is a member of the Confédération Internationale de la Coiffure, CIC.
  • FANAE: At an international level, the Federation is a member of the European Confederation of Beauticians and Cosmeticians (CEPEC).
  • CEPE: n.a.

3. Inter-associational relationships

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

National Sector of Cleaning and Services to Society of the Service Federation of the General Workers' Confederation (Federación de Servicios de la Unión General de Trabajadores, FES-UGT)

Federation of Diverse Activities of the Trade Union Confederation of Workers' Commissions (Federación de Actividades Diversas de Comisiones Obreras, AADD-CCOO)

Federation of Solidarity Services of Basque Workers (Federación de Servicios de Solidaridad de Trabajadores Vascos, ELA-ZERBITZUAK)

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. The criteria of trade union representativeness are well established in the legislation.

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

No.

3.4. Same question for employer associations as 3.1.

National Association of Companies of Male and Female Hairdressing and Beauty Treatments (Asociación Nacional de Empresas de Peluquería de Caballeros, Señoras y Belleza, ANEPECS)

National Federation of Aestheticians (Federación Nacional de Esteticistas, FANAE)

Spanish Federation of Personal Image, Hairdressers and Beauty Salons (Federación Española de Imagen Personal, Peluquerías y Salones de Belleza).

Spanish Confederation of Hairdressers and Aestheticians (Confederación Española de Peluquerías y Esteticistas).

3.5. Same question for employer associations as 3.2.

No. Since the signing of the first national collective agreement of the sector in 1995, in which only two employers' associations participated, two new organisations have joined without disputes.

3.6. Same question for employer associations as 3.3.

None are known.

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

None are known.

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 for Hairdressers, Beauty Salons and Gymnasiums affects all the companies and workers of the sector throughout Spain. This agreement regulates the general conditions of employment in the economic activities included in the NACE 93.02 and NACE 93.04 classifications. It is difficult to offer an estimate of collective bargaining cover due to high level of self-employment and the fact that over half the firms in the sector have no employees.

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.)

The predominant level of regulation is the National Sectoral Agreement. Current national agreement dates from july 2008 and it acts as a minimum reference for most workers who had no coverage. At present, the National Sectoral Agreement is complemented by 9 agreements at lower levels (provincial and regional). Collective bargaining at company level is practically non-existent.

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

Yes. With some limitations, Spanish law guarantees the principle of “general efficiency” of multi-employer agreements.

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

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 sector-related multi-employer wage agreements
  Sectoral Type of employees Territorial
FES-UGT AADD-CCOO - Spanish Federation of Personal Image, Hairdressers and Beauty Salons. - National Association of Male Hairdressing Firms (Asociación Nacional de Empresas de Peluquería de Caballeros). - National Federation of Associations of Aestheticians (Federación Nacional de Asociaciones de Esteticistas). - Spanish Confederation of Hairdressers and Aestheticians (Confederación Española de Peluquerías y Esteticistas). General Agreement for Hairdressers, Beauty Salons and Gymnasiums (2008 -2010). All workers in the sector. The whole of Spain.
- CCOO, UGT - Catalan Federation of Artisanal Associations and Corporations of Hairdressing and Beauty Treatment (Federació Catalana de Gremis i Corporacions Artesanes de Perruqueria i Bellesa), Artisanal Association of Aesthetics and Beauty Treatment of Catalonia (Gremi Artesà d'Estètica i Bellesa de Catalunya). Collective Agreement for the Sector of Hairdressers, Aestheticians and Beauty Salons of Catalonia for 2006-2008. All workers in the sector within the region. (Regional) Autonomous Community of Catalonia
- UGT - Galician Federation of Associations of Hairdressing and Beauty Treatment Employers (Federación de Asociaciones de Empresarios de Peluquería y Estética de Galicia, FEPEGA). Galician Regional Collective Agreement for the sector of female, male and unisex hairdressers and beauticians (2007 – 2010). All workers in the sector within the region. (Regional) Galicia.
- UGT, CCOO, ELA - Professional Association of Hairdressers of Navarre (Asociación Profesional de Peluquerías de Navarra). Collective Agreement for the Hairdressing Sector in the Community of Navarre (2006 – 2008). All workers in the sector within the region. (Regional) Community of Navarre.
- UGT, CCOO - Catalan Federation of Hairdressers and Beauticians (Federació Catalana de Perruqueries i Belles a), Catalan Federation of Artisanal Associations and Corporations of Hairdressing and Beauty Treatment (Federació Catalana de Gremis i Corporacions Artesanes de Perruqueria i Bellesa), Artisanal Association of Aesthetics and Beauty Treatment of Catalonia (Gremi Artesà d'Estètica i Bellesa de Catalunya). Collective agreement of the Female Hairdressing Sector of the Province of Barcelona (2006). All the workers in the region. (Provincial) Barcelona.
- ELA - Professional Association of Female Hairdressers of Guipúzcoa (Asociación Profesional de Peluquerías de Señoras de Gipuzkoa). Collective Agreement of Female Hairdressers, Unisex Hairdressers, Hair Renewal Centres, Gymnasiums and Similar of Guipúzcoa (2005-2007). All the workers in the region. (Provincial) Guipúzcoa
- UGT, CCOO - Provincial Professional Female Hairdressing Association (Asociación Profesional Provincial de Peluquería de Señoras). Collective Agreement of the Female Hairdressing Sector of Burgos (2005-2008). All the workers in the region. (Provincial) Burgos.
- UGT, USO, ELA, LAB - Association of Artisanal Hairdressers and Aestheticians of Biscay (Asociación de Artesanos de Peluquería y Estética de Bizkaia). Provincial Collective Agreement of Hairdressers and Beauty Salons of Biscay. All the workers in the region. (Provincial) Biscay.
- UGT, CCOO - Provincial Association of Hairdressers and Beauty Salons (Asociación Provincial de Peluquerías y Salones de Belleza). Collective Agreement of Hairdressers, Beauty Salons, Gymnasiums and Similar of the province of Palencia. All the workers in the region. (Provincial) Palencia.
- UGT, CCOO - Association of Aestheticians of Valladolid (Asociación de Esteticistas de Valladolid) and Spanish Federation of Hairdressing and Beauty Salon Employees (Federación Española de Empresarios de Peluquería y Salones de Belleza). Collective Agreement of Hairdressers, Beauty Salons, Gymnasiums and Similar of the Province of Valladolid. All the workers in the region. (Provincial) Valladolid.

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
FES-UGT AADD-CCOO - Spanish Federation of Personal Image, Hairdressers and Beauty Salons. - National Association of Male Hairdressing Firms (Asociación Nacional de Empresas de Peluquería de Caballeros). - National Federation of Associations of Aestheticians (Federación Nacional de Asociaciones de Esteticistas). - Spanish Confederation of Hairdressers and Aestheticians (Confederación Española de Peluquerías y Esteticistas). General Agreement for Hairdressers, Beauty Salons and Gymnasiums (2008 -2010). All workers in the sector. The whole of Spain.
- UGT - Galician Federation of Associations of Hairdressing and Beauty Treatment Employers (Federación de Asociaciones de Empresarios de Peluquería y Estética de Galicia, FEPEGA). Galician Regional Collective Agreement for the sector of female, male and unisex hairdressers and beauticians (2007 – 2010). All workers in the region and sector. (Regional) Galicia.
- UGT, CCOO, ELA - Professional Association of Hairdressers of Navarre (Asociación Profesional de Peluquerías de Navarra). Collective Agreement for the Hairdressing Sector in the Community of Navarre (2006 – 2008). All workers in the region and sector. (Regional) Community of Navarre.
- UGT, CCOO - Catalan Federation of Hairdressers and Beauticians (Federació Catalana de Perruqueries i Bellesa), Catalan Federation of Artisanal Associations and Corporations of Hairdressing and Beauty Treatment (Federació Catalana de Gremis i Corporacions Artesanes de Perruqueria i Bellesa), Artisanal Association of Aesthetics and Beauty Treatment of Catalonia (Gremi Artesà d'Estètica i Bellesa de Catalunya). Collective agreement of the Female Hairdressing Sector of the Province of Barcelona (2006). All workers in the region and sector. (Provincial) Barcelona.
       

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?

None are known.

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.
Joint Sectoral Commission for Continuing Training. Bipartite Third National Agreement on Continuing Training. FES-UGT AADD-CCOO Spanish Federation of Hairdressing and Beauty Salon Employers. National Association of Male and Female Hairdressing and Beauty Treatment Firms.
Joint Commission on Equal Opportunities. Bipartite Law 3/2007 for the Effective Equality of Men and Women. FES-UGT AADD-CCOO Spanish Federation of Hairdressing and Beauty Salon Employers. National Association of Male and Female Hairdressing and Beauty Treatment Firms.

* 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.

The main criterion for determining the representativeness of trade unions is their electoral audience.

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 the ‘most representative unions’ can participate in tripartite bodies and be present on sectoral bargaining commissions. Such status is accorded to unions which achieve a minimum of 10% of representatives at national level and 15% at regional level.

All the trade unions referred to in this study enjoy this status:

National Sector of Cleaning and Services to Society of the Service Federation of the General Workers' Confederation (Federación de Servicios de la Unión General de Trabajadores, FES-UGT)

Federation of Diverse Activities of the Trade Union Confederation of Workers' Commissions (Federación de Actividades Diversas de Comisiones Obreras, AADD-CCOO)

Federation of Solidarity Services of Basque Workers (Federación de Servicios de Solidaridad de Trabajadores Vascos, ELA-ZERBITZUAK)

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.

Distribution of the total number of delegates (101) among the different trade unions.

FES-UGT: 42.6% (43)

AADD-CCOO: 36.6% (37)

Other trade unions: 20.8% (21)

(Figures certified by the Ministry of Labour for the whole of Spain, 2003-2007)

6.4. Same question for employer associations as 6.1.

The most representative employer associations are those that achieve a minimum of 10% of employers and 10% of workers affected. At a regional level they must have a representativeness of 15% of employers and workers. The rules are article 87.4 and the sixth additional provision of the Workers' Statute (Estatuto de los Trabajadores).

6.5. Same question for employer associations as 6.2.

The only legal reference is the sixth additional provision of the Workers' Statute.

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.

The national sectoral agreement currently in force (2008-2010) establishes the representativeness of each organisation in the sector.

The Spanish Federation of Personal Image, Hairdressers and Beauty Salons (Federación Española de Imagen Personal, Peluquerías y Salones de Belleza), which represents 44% of the employers in the sector.

The National Association of Male and Female Hairdressing and Beauty Treatment Firms (Asociación Nacional de Empresas de Peluquería de Caballeros, Señoras y Belleza), which represents 30% of the sector

The National Federation of Aestheticians (Federación Nacional de Esteticistas, FANAE), which represents 12% of the sector.

The Spanish Confederation of Hairdressers and Aestheticians (Confederación Española de Peluquerías y Esteticistas), which represents 14% of the sector.

Juan Arasanz, QUIT – UAB.

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