Representativeness of the European social partner organisations: Catering sector – Slovakia

  • Observatory: EurWORK
  • Topic:
  • Social dialogue,
  • Employee representation,
  • Social partners,
  • Industrial relations,
  • Published on: 27 May 2010



About
Country:
Slovakia
Author:
Ludovit Cziria
Institution:

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 contract catering sector in Slovakia. 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.

1. Sectoral properties

Although the number of employers has dramatically increased in Slovakia’s contract catering sector, it still represents only a small part of the economy. Employees in the sector are not organised in the Trade Union Association of Workers in Commerce and Tourism (Odborový zväz pracovníkov obchodu a cestovného ruchu, OZ POCR). Similarly, the employer organisation the Slovak Association of Commerce and Tourism (Zväz obchodu a cestovného ruchu SR, ZOCR SR) does not have members from companies providing contract catering services. OZ POCR and ZOCR SR conclude multi-employer collective agreements. However, they are not applied to the sector and the coverage of employees by collective agreements in the sector is zero. Nonetheless, OZ POCR and ZOCR SR are involved in tripartite consultations on sector-related issues.

Table 1: Profile of contract catering sector
 

1996

2007

Number of employers**

154

1,096

Aggregate employment*

1,376

1,721

Male employment*

n.a.

335

Female employment*

n.a.

1,386

Aggregate employees

n.a.

216

Male employees

n.a.

42

Female employees

n.a.

174

Aggregate sectoral employment as % of total employment in economy

0.07

0.07

Aggregate sectoral employees as % of total number of employees in economy

n.a.

0.01

Notes: * employees plus self-employed persons and temporary agency workers.

** companies without individual self-employed workers.

Source: Slovak Statistical Office (Slovenský štatistický úrad, ŠÚ SR) – data represent sector 55.52 (catering) according to the Statistical Classification of Economic Activities in the European Community (Nomenclature statistique des activités économiques dans la Communauté européenne, NACE) Rev. 1.1

2. The sector’s trade unions and employer associations

This section includes the following trade unions and employer organisations:

1. trade unions which are party to sector-related collective bargaining;

2. trade unions which are a member of the sector-related European federation, namely the European Federation of Food, Agriculture and Tourism Trade Unions (EFFAT);

3. employer organisations which are party to sector-related collective bargaining;

4. employer organisations or business associations which are a member of the sector-related European business federation, namely the European Federation of Contract Catering Organisations (FERCO).

2a Data on the trade unions

The trade union organisation that is relevant to the sector is OZ POCR.

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

Membership of OZ POCR is voluntary.

2a.2 Formal demarcation of membership domain (e.g. white-collar workers, private sector workers, employees in the food service sector, etc)

OZ POCR represents trade union organisations in retail trade, wholesale, hotels and restaurants, consumer cooperatives and travel agencies. According to the OZ POCR representative, the association does not have members from the contract catering sector (estimate).

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

It was estimated that OZ POCR had about 13,000 members in 2008.

2a.4 Number of union members in the sector

OZ POCR does not associate employees from the sector (estimate).

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

It is estimated that female trade union members make up about 80% of OZ POCR’s membership.

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)

OZ POCR’s domain density was about 10% in 2008 (estimate).

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

OZ POCR’s sectoral density is zero as it does not have members in the contract catering sector.

2a.8 Sectoral domain density: total number of members of the union in the sector in relation to the number of employees who work in that part of the sector as covered by the union domain

OZ POCR’s sectoral domain density is zero as it does not have members in the contract catering sector.

2a.9 Does the union conclude sector-related collective agreements?

OZ POCR concludes multi-employer collective agreements. However, these agreements do not cover employees in the contract catering sector.

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

At national level, OZ POCR is a member of the Slovakian Confederation of Trade Unions (Konfederácia odborových zväzov Slovenskej republiky, KOZ SR). It is also member of the sector-related European federation EFFAT.

2b Data on the employer associations

The employer organisation that is relevant to the sector is ZOCR SR.

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

Membership of ZOCR SR is voluntary.

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

ZOCR SR organises companies of different sizes from commerce, import and export of goods, hotels and restaurants, hospitality and tourism.

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

ZOCR SR had an estimated 100 member companies in 2008.

2b.4 Number of member companies in the sector

In line with the specified NACE classification, there are no employers from catering affiliated to ZOCR SR thus far. According to ZOCR SR, the Slovak Association of Hotels and Restaurants (Zväz hotelov a reštaurácií Slovenskej republiky, ZHR SR) with 10,000 employees is the only member of ZOCR SR whose member organisations also deliver some food on request. Nonetheless, based on the guidelines for this overview, this branch was not taken into account in this study.

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

According to the ZOCR SR representative, the number of employees working in its member employer organisations amounted to about 35,000 employees in 2008 (estimate).

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

None of ZOCR SR’s member companies is working in the contract catering sector.

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)

ZOCR SR’s domain density is estimated to be about 20%.

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

As ZOCR SR has no member companies in the sector, its sectoral density is zero.

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

As ZOCR SR has no member companies in the sector, its sectoral domain density is zero.

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)

ZOCR SR’s domain density in terms of employees represented is about 60% (estimate).

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

ZOCR SR’s sectoral density in terms of employees represented is zero.

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

ZOCR SR’s sectoral domain density in terms of employees represented is zero.

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

ZOCR SR concludes multi-employer collective agreements – however, they do not cover employees working in the contract catering sector thus far.

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

ZOCR SR is member of the National Union of Employers (Republiková únia zamestnávateľov Slovenskej republiky, RUZ SR). At EU level, it is a member of the employer organisation EuroCommerce. However, it is not a member of FERCO.

3. Inter-associational relationships

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

As there is only one relevant trade union, namely OZ POCR, there is no domain 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?

As OZ POCR is the only sector-related trade union association, no rivalries and competition emerge regarding the right to conclude collective agreements and to be consulted in sector-related public policy.

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

No sector-related trade union is excluded from these rights.

3.4. Same question for employer associations as 3.1

As there is only one sector-related employer organisation, namely ZOCR SR, there is no domain overlap.

3.5. Same question for employer associations as 3.2

As ZOCR SR is the only employer organisation potentially related to the sector, no rivalries and competition emerge regarding the right to conclude collective agreements and to be consulted in sector-related public policy.

3.6. Same question for employer associations as 3.3

No employer association is excluded from these rights.

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

There is no information available about such attempts by employers.

4. The system of collective bargaining

4.1. Sector’s rate of collective bargaining coverage

According to available information, the sector’s rate of collective agreement coverage is zero.

4.2. Relative importance of multi-employer agreements and of single-employer agreements as a percentage of the total number of employees covered

Not applicable

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

While the extension of collective agreements is applied within the domains of OZ POCR and ZOCR SR, it does not concern the contract catering sector.

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

The extension of multi-employer collective agreements does not concern the sector.

4.3. Sector-related multi-employer wage agreements* valid in 2007 (or most recent data)

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

Such agreements have not yet been concluded in the sector.

4.4. Sector’s four most important collective agreements (single-employer or multi-employer agreements) valid in 2007 (or most recent data)

According to the information of OZ POCR, neither multi-employer nor single-employer collective agreements have been concluded that cover employees in the contract catering sector.

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?

OZ POCR and ZOCR SR are consulted by the state authorities in all relevant issues, including specific sector-related issues. They are indirectly involved in consultations at the Economic and Social Council (Hospodárska a sociálna rada, HSR) through their membership of KOZ SR and RUZ SR, respectively.

5.2. Do tripartite bodies dealing with sector-specific issues exist?

Table 2: Sector-specific public policies*
Name of the body and scope of activity Bipartite/tripartite Origin: agreement/statutory Trade unions with representatives Employer organisations with representatives

National HSR

It deals with all relevant changes concerning economic and social issues**, mainly in legislation.

Tripartite

Established under law

OZ POCR through its membership of KOZ SR

ZOCR SR through its membership of RUZ SR

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

**Including contract catering sector-related issues

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?

The principal statutory condition applicable for any trade union organisation to be entitled to conclude collective agreements is to be registered as a social partner at the Ministry of Interior (Ministerstvo vnútra Slovenskej republiky, MV SR). No special additional regulation exists for the representativeness of trade unions to bargain collectively in the contract catering sector or in other sectors.

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?

The statutory condition applicable for trade unions in the contract catering sector and in other sectors to be consulted in matters of public policy is to be registered at the MV SR and to act as a social partner. To be involved in national tripartite social dialogue, trade union organisations should represent at least 100,000 employees in the country. OZ POCR does not meet this criterion. Nonetheless, it is involved in national tripartite consultations on sector-related issues at the HSR through its membership of KOZ SR.

6.3. Are elections for a certain representational body (e.g. works councils) established as criteria for trade union representativeness?

Elections are not established as criteria for trade union representativeness in the sector. Trade union members usually elect trade union chairs and committees.

6.4. Same question for employer associations as 6.1

The principal statutory condition applicable for any employer organisation to be entitled to conclude collective agreements is to be registered as a social partner at the MV SR. No additional special regulation exists for employer organisation representativeness to bargain collectively in the contract catering sector.

6.5. Same question for employer associations as 6.2

The statutory condition applicable for any employer organisation in the contract catering sector or in any other sector to be consulted in matters of public policy is to be registered at the MV SR and to act as a social partner. To be involved in the national tripartite social dialogue, employer organisations should represent enterprises with at least 100,000 employees altogether. Although ZOCR SR does not meet this criterion, it is member of RUZ SR, which does meet this criterion. Therefore, ZOCR SR is involved in tripartite consultations on sector-related public policy through its membership of RUZ SR.

6.6. Are elections for a certain representational body established as criteria for the representativeness of employer associations?

Elections for a representative employer body are not established as a criterion for employers’ representativeness in the contract catering sector.

7. Commentary

There is a problem concerning sector-related data based on the Revision 2 NACE classification (56.29), as such data are not available. Data provided by the Slovak Statistical Office refer to sector 55.52 based on the previous NACE Revision 1.1 version. According to the available information, ZOCR SR does not have members from contract catering companies. In order to avoid collective bargaining, some employers evade membership of the respective employer organisations. This may explain why the contract catering sector is not associated to any employer organisation thus far. The data submitted by the ZOCR SR representative included information on its member organisation ZHR SR, which associates some companies that also provide food delivery on request. Nevertheless, this information was not attributed to the contract catering sector in compliance with the briefing notes for this overview.

Ludovit Cziria, Institute for Labour and Family Research

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