The Netherlands: 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 the Netherlands. 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 personal services sector is a small but growing part of the Dutch economy. The notable feature of representativeness is that while hairdressers are organised, beauty and nail salons are not. Both hairdressers and beauty and nail salons have a business organisation. Employer organisations and unions in the hairdressing branch conclude collective agreements. They are consulted by the national authorities and they are represented at European level.

1. Sectoral properties

  1995 2006**
Number of employers 13,990 21,965
Aggregate employment* n.a. n.a.
Male employment* n.a. n.a.
Female employment* n.a. n.a.
Aggregate employees 24,700 33,400
Male employees 4,300 4,600
Female employees 20,400 28,800
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 0.04% 0.05%

* employees plus self-employed persons and agency workers

** 2005

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

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

Membership is voluntary.

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

There is no formal demarcation of membership domain.

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

  • FNV Bondgenoten union is associated with the Dutch Federation of Trade Unions (Federatie Nederlandse Vakbeweging, FNV). FNV Bondgenoten’s total membership is around 470,000 (2007 figure).
  • CNV Bedrijvenbond, affiliated to the Christian Trade Union Federation (Christelijk Nationaal Vakverbond, CNV) is also active in the sector. CNV Bedrijvenbond’s total membership is around 90,000 (2007 figure).

2a.4 Number of union members in the sector

  • FNV Mooi has around 11,550 members in the domain of hairdressers.
  • CNV Bedrijvenbond has around 4,950 members in the domain of hairdressers.
  • In the domain of hairdressers, a third union is active, the VPP, Association of Professionals for Professionals. Its membership base is unknown.

Few employees in the domain of beauty salons, manicure and pedicure are organised.

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

95%.

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)

Total number of union members is around 16.500. Total number of employees in the domain is around 23.000. Thus, around 6% of all hairdressers are organised.

Few employees in the domain are organised.

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

2a.9 Does the union conclude collective agreements?

Yes, all three organisations conclude agreements.

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

  • FNV Mooi is active in Uni-Europa – section Hair and Beauty.
  • CNV Bedrijvenbond is of the opinion that it is important to take part in a European social dialogue (via Uni-Europa – section Hair and Beauty). Thus far the administrator has not found the time to do so. Important issues are working conditions, terms of employment and qualifications.
  • VPP does not participate at European (or national) level.

2b Data on the employer associations

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

Voluntary.

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

The demarcation is SME.

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

6,300 companies are member of the Royal General Dutch Hairdressers Organization (Koninklijke Algemene Nederlandse Kappers Organisatie); Royal ANKO is a member of MKB-Nederland.

The membership of ANBOS is unknown. ANBOS is a business organisation; it does not conclude collective agreements (in fact, no collective agreements are concluded in the domain).

2b.4 Number of member companies in the sector

6,300 companies are member of Royal ANKO.

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

Around 18,000 employees work in the member companies

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

See 2b.10.

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)

The domain consists of 17,000 hairdresser companies, employing 23,000 workers, according to the MKB-Nederland respondent. 6,300 companies are members of Royal ANKO, representing a company density of around 35%.

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 definition2b.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

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)

The employee density is about 77% (around 18,000 employees).

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 definition2b.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?

Yes, MKB-Nederland concludes agreements on behalf of Royal ANKO.

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

  • Royal ANKO (hairdressers) is a member of Coiffure EU.
  • FUSION is an employer organisation in the domain of hairdressers. It is not active at national or international level.
  • ANBOS is a business organisation in the manicure, pedicure and beauty salon domain ; it is not active at European level.

3. Inter-associational relationships

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

FNV Bondgenoten, FNV MOOI

CNV Bedrijvenbond, CNV bedrijvenbond/K

VPP, Association of Professionals for Professionals

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?

The trade unions accept each other’s rights to conclude collective agreements and to be consulted by the authorities.

However, VPP has concluded an agreement, with which the other two unions disagreed. All three unions were represented at the negotiation table with the employer organisation FUSION, but only VPP signed the agreement.

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

No.

3.4. Same question for employer associations as 3.1.

Royal ANKO (hairdressers) is member of MKB-Nederland. Its domain overlaps with FUSION, an employer organisation that concludes collective agreements.

ANBOS is a business organisation in the manicure, pedicure and beauty salon domain ; it does not conclude collective agreements.

3.5. Same question for employer associations as 3.2.

The relations between ANKO and FUSION are sensitive. Royal ANKO would have liked to see FUSION also sign the recently-agreed collective agreement (February 2008), but FUSION ultimately refused. (See question 4.)

3.6. Same question for employer associations as 3.3.

FUSION is not excluded; it has in the past agreed a unilateral agreement (with a chain of hairdressers).

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

Not at issue.

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).

In the hairdressing domain the collective bargaining coverage is up to 100%. To begin with, the ANKO agreement covers around 77% of employees. A request for extension was submitted, resulting in 100 % coverage. In addition the employer organisation FUSION concluded an agreement with the union VPP (Association of Professionals for Professionals). This agreement was concluded for a chain of hairdressers, who via FUSION, could not agree with the domain-wide agreement.

In the manicure, pedicure and beauty salon domain , there are no collective agreements. Pay is negotiated by employee and employer. In 2008 FNV and CNV started consultations with ANBOS to join negotiations on a 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.)

The domain wide collective agreement covers almost all employees in the hairdressing domain (with the exception of hairdressers employed under the VPP- FUSION agreement).

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

Yes. The agreement signed by the Royal ANKO (the most recent in February 2008) is a domain wide agreement.

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

This practise is pervasive. The request for extension –is usually submitted by the Ministry of Social Affairs.

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
MKB-Nederland (on behalf of ANKO) FNV Mooi; CNV Bedrijvenbond Domain hairdressers hairdressers -
       

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?

The domain of hairdressers has had an organisational structure comparable to agriculture (PBOs), where farmers and the authorities oversaw the sector. Presently, bipartite consultation of employer and employee organisations takes place at a central level. Unions FNV Bondgenoten and CNV Bedrijvenbond are usually consulted by the authorities, and sometimes at federal level. On the employer side, MKB- Nederland is usually consulted by the authorities. At sector level Royal ANKO and the unions are consulted on sector-specific matters (although this is a rare occurrence). Existing PBOs engage in consultations with the government on issues such as ARBO covenants, tax and labour market policies, Bipartite consultation has become more important. Issues here are work conditions (ARBO), training, qualifications and the administration of social funds (vocational training, pensions).

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.
         
         

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

6. Statutory regulations of representativeness

6.1. In the case of the 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.

There are no statutory regulations with regard to representativeness.

6.2. In the case of the 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.

There are rules on representativeness with regard to participation in the tripartite Social and Economic Council (Sociaal Economische Raad, SER) and in the bipartite Labour Foundation (Stichting van de Arbeid, STAR). Accordingly, three union federations are represented in these bodies: Federations of Dutch Trade Unions (Federatie Nederlandse Vakbeweging, FNV), Christian Trade Union Federation (Christelijk Nationaal Vakverbond, CNV and MHP, the national union federation for middle and higher personnel.

6.3. Are elections for a certain representational body (e.g. works councils) established as criteria for 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 statutory regulations with regard to representativeness.

6.5. Same question for employer associations as 6.2.

There are rules on representativeness with regard to participation in the tripartite Social and Economic Council (Sociaal-Economische Raad, SER) and in the bipartite Labour Foundation (Stichting van de Arbeid, STAR). As a result, three employer associations are represented in these bodies: VNO-NCW, MKB-Nederland, the employer association for SME’s and LTO-Nederland, the organisation for the agricultural sector.

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

With regard to the representativeness it is noteworthy that hairdressers are organised, while beauty and nail salons are not.

Employers in both the hairdressers’ branch and in the beauty and nail salons branch have their own business organisations, respectively Royal ANKO and ANBOS. Only the hairdressers, through MKB-Nederland, conclude collective agreements, which are extended domain-wide. FUSION is a competitor employer organisation .

The employee organisations are affiliated to both large national union federations – FNV and CNV. In addition, the Association of Professionals for Professionals (VPP), a union with an unknown member base, is active in the domain. FUSION and VPP have concluded a unilateral collective agreement with which the other unions disagree. Disagreement among the unions has not led to any jurisdictional disputes or recognition problems. The respondents hope the parties will find a basis for cooperation.

In the manicure, pedicure and beauty salon domain no collective agreements have been concluded. ANBOS is a business organisation; it does not conclude collective agreements. Union membership among employees is extremely low in this domain,.

Employer and employee organisations are consulted by the national authorities and they are represented at European level.

Marianne Grünell, Hugo Sinzheimer Institute (HSI)

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