Spain: The representativeness of trade unions and employer associations in the sport and active leisure sector

  • Observatory: EurWORK
  • Topic:
  • Published on: 13 June 2013



About
Country:
Spain
Author:
Pablo Sanz De Miguel
Institution:

The sport and active leisure activities sector in Spain accounts for less than 1% of total employment. Workers employed in sports and fitness facilities as well as those who work in sports and leisure activities in other entities (hospitals, hotels, schools, etc.) are covered by a multi-employer agreement concluded at national level by the most representative unions and the most representative employer organisation in the sector. Professional sportsmen are covered by collective agreements concluded by sports club unions and the sports club employers’ organisations, while no sportswomen are currently covered by any agreement (except female basketball players, who have their own collective agreement). The collective bargaining coverage is almost 100%.

1. Sectoral properties

Economic background

The sports and leisure activities sector is a very unusual one owing to the stark differences between sports-facility and fitness-facility workers (including blue-collar workers and sports and leisure workers in other entities such as schools or hotels) and professional sportsmen and women. Sports-facility and fitness-facility activities are regulated by the general labour legislation. Furthermore, workers are covered by a multi-employer sectoral agreement concluded at national level. On the other hand, professional sport activities are regulated by Royal Decree 1006/1985, which establishes the ‘special labour relationship of professional sportsmen and women’, most of whom are covered by subsectoral sport clubs’ collective agreements. With regard to the main data, it is important to note the substantial increase in the number of companies and employees in recent years. This is partly the result of the Sports law, enacted in 1990, which considers sports activity a public interest activity that must be promoted by the state.

Development of employment

Table 1: Sectoral properties
  2001 2008

Number of companies in the sector

9,255

15,592

Source of company data

Central directory of enterprises (DIRCE)

Aggregate employment

79,964

106,044

Male employment

56,279

64,152

Female employment

23.685

41.892

Share of sectoral employment in %

0.5%

0.5%

Source of employment figures

Spanish Labour Force Survey (EPA)

Comment

Micro-data are from LFS 2001 and 2008 instead of 1999 and 2009 as data from the latter years are currently unavailable. It must be borne in mind that the sector is defined according to NACE rev 1.1 classification code 92.6

Aggregate employees

74,384

95,310

Male employees

51,798

57,752

Female employees

22,587

37,558

Share of sectoral employees in %

0.6%

0.6%

Comment

Micro-data are from LFS 2001 and 2008 instead of 1999 and 2009 as data from the latter years are currently unavailable. It must be borne in mind that the sector is defined according to NACE rev 1.1 classification code 92.6

2. The sector’s trade unions and employer associations

This section includes the following trade unions and employer associations:

(i) trade unions which are party to sector-related collective bargaining

(ii) trade unions which are a member of the sector-related European Union Federations (i.e. UNI Europa – Sport [including both its affiliates Professional Players Federation – PPF and EU Athletes] and the World Players’ Union – FIFPro)

(iii) employer associations which are a party to sector-related collective bargaining

(iv) employer associations (business associations) which are a member of the sector-related European Employer/Business Federations (i.e. the European Association of Sport Employers – EASE [including its affiliate European Health & Fitness Association – EHFA], the European Confederation of Outdoor Employers – EC-OE, the European Professional Football Leagues – EPFL and the European Club Association – ECA)

2a Data on the trade unions

Table 2: Union Fact sheet: FeS-UGT (Federation of Services of the General Workers’ Confederation)

Affiliation to multinational organisations

n.a.

Affiliation to European-level organisations

Uni Europa

Affiliation to national-level organisations

UGT

Engagement in sector-related collective bargaining

yes

Type of membership

voluntary

Consultation in sector-related matters

yes

Union's domain with regard to sector

overlap

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FSC-CCOO, AJBM, ABP, AJFS, AFE and ACP

 

2010

‘Active’ union members total (in employment)

n.g.

Union members (incl. non-employed), total

n.g.

‘Active’ union members in the sector (in employment)

n.g.

Union members in the sector, total (incl. non-employed)

n.g.

Female membership as % of total members

n.g.

Union density – total members

n.g.

Sectoral density – total members

n.g.

Sectoral domain density – total members

n.g.

Description of union's domain with regard to sector

It covers the whole sector

Representation of other groups than employees in the sector

It does not represent self-employed people. It represents workers with non-standard work contracts.

Table 3: Union Fact sheet: FSC-CCOO (Federation of Citizen Services of the Trade Union Confederation of Workers’ Commissions)

Affiliation to multinational organisations

n.a.

Affiliation to European-level organisations

Uni Europa

Affiliation to national-level organisations

CCOO

Engagement in sector-related collective bargaining

yes

Type of membership

voluntary

Consultation in sector-related matters

yes

Union's domain with regard to sector

overlap

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FeS-UGT, AJBM, ABP, AJFS, AFE and ACP

 

2010

‘Active’ union members total (in employment)

n.g.

Union members (incl. non-employed), total

n.g.

‘Active’ union members in the sector (in employment)

n.g.

Union members in the sector, total (incl. non-employed)

n.g.

Female membership as % of total members

n.g.

Union density – total members

n.g.

Sectoral density – total members

n.g.

Sectoral domain density – total members

n.g.

Description of union's domain with regard to sector

It covers the whole sector

Representation of other groups than employees in the sector

It represents self-employed people as well as workers with non-standard work contracts.

Table 4: Union Fact sheet: AJBM (Handball Player’s Association)

Affiliation to multinational organisations

n.g.

Affiliation to European-level organisations

European Elite Athletes Association (EU Athletes) and European Handball Players Union (EHPU)

Engagement in sector-related collective bargaining

yes

Type of membership

voluntary

Consultation in sector-related matters

no

Union's domain with regard to sector

sectionalism

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FeS-UGT and FSC-CCOO

‘Active’ union members total (in employment)

165

Union members (incl. non-employed), total

165

‘Active’ union members in the sector (in employment)

165

Union members in the sector, total (incl. non-employed)

165

Female membership as % of total members

0%

Source of sectoral membership figures

Est. Social Partner

Sectoral density – active members

0.2%

Union density – total members

n.g.

Sectoral density – total members

0.2%

Sectoral domain density – total members

n.g.

Description of union's domain with regard to sector

It just represents male handball players or ex-players of the following categories: ASOBAL League; Silver Division League; and First National Division

Representation of other groups than employees in the sector

no

Table 5: Union Fact sheet: ABP (Professional Basketball Players Association)

Affiliation to multinational organisations

n.a.

Affiliation to European-level organisations

EU Athletes

Affiliation to national-level organisations

no

Engagement in sector-related collective bargaining

yes

Type of membership

voluntary

Consultation in sector-related matters

no

Union's domain with regard to sector

sectionalism

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FeS-UGT and FSC-CCOO

 

2010

‘Active’ union members total (in employment)

n.g.

Union members (incl. non-employed), total

n.g.

‘Active’ union members in the sector (in employment)

n.g.

Union members in the sector, total (incl. non-employed)

n.g.

Female membership as % of total members

n.g.

Union density – total members

n.g.

Sectoral density – total members

n.g.

Sectoral domain density – total members

n.g.

Description of union's domain with regard to sector

It just represents male basketball players of the ACB category

Representation of other groups than employees in the sector

No

Table 6: Union Fact sheet: AJFS (Five-a-Side Football Players Association)

Affiliation to multinational organisations

n.g.

Affiliation to European-level organisations

European Elite Athletes Association (EU Athletes) and Uni Europe

Affiliation to national-level organisations

Sport Men and Women's Association

Engagement in sector-related collective bargaining

yes

Type of membership

voluntary

Consultation in sector-related matters

yes

Union's domain with regard to sector

sectionalism

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FeS-UGT and FSC-CCOO

 

2010

‘Active’ union members total (in employment)

281

Union members (incl. non-employed), total

361

‘Active’ union members in the sector (in employment)

281

Union members in the sector, total (incl. non-employed)

361

Female membership as % of total members

14%

Source of sectoral membership figures

Est. Social Partner

Sectoral density – active members

0.3%

Sectoral density – total members

0.4%

Description of union's domain with regard to sector

It represents male and female five-a-side football players employed, unemployed and retired

Representation of other groups than employees in the sector

no

Table 7: Union Fact sheet: AFE (Spanish Football Player’s Association)

Affiliation to multinational organisations

n.g.

Affiliation to European-level organisations

FIFPro

Engagement in sector-related collective bargaining

yes

Type of membership

voluntary

Consultation in sector-related matters

yes

Union's domain with regard to sector

sectionalism

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FeS-UGT and FSC-CCOO

 

2010

Table 7: Union Fact sheet: AFE (Spanish Football Player’s Association)

‘Active’ union members total (in employment)

4,550

Union members (incl. non-employed), total

6,650

‘Active’ union members in the sector (in employment)

4,550

Union members in the sector, total (incl. non-employed)

6,650

Female membership as % of total members

n.g.

Sectoral density – active members

4.8%

Union density – total members

n.g.

Sectoral density – total members

7%

Sectoral domain density – total members

n.g.

Description of union's domain with regard to sector

It just covers professional male football players

Representation of other groups than employees in the sector

No

Table 8: Union Fact sheet: ACP (Professional Cyclists Association)

Affiliation to European-level organisations

EU Athletes

Engagement in sector-related collective bargaining

yes

Type of membership

voluntary

Consultation in sector-related matters

yes

Union's domain with regard to sector

sectionalism

Domain overlap with other unions in sector

yes

Domain overlaps occur with the following unions in the sector

FeS-UGT and FSC-CCOO

‘Active’ union members total (in employment)

160

Union members (incl. non-employed), total

210

‘Active’ union members in the sector (in employment)

160

Union members in the sector, total (incl. non-employed)

210

Female membership as % of total members

n.g.

Sectoral density – active members

0.2%

Union density – total members

n.g.

Sectoral density – total members

0.2%

Sectoral domain density – total members

n.g.

Description of union's domain with regard to sector

It just covers professional male cyclists

Representation of other groups than employees in the sector

No

2b Data on the employer associations

Table 9: Employer organisation Fact sheet: ANETA

Affiliation to European-level organisations

European Confederation of Outdoor Employers (EC-OE)

Engagement in sector-related collective bargaining

-

Consultation in sector-related matters

-

Type of membership

n.g.

Number of member companies, total

n.g.

Number of employees in member companies, total

n.g.

Number of member companies in sector

n.g.

Number of employees in member companies in sector

n.g.

Source of membership figures

Own calculation

Table 10: Employer organisation Fact sheet: FNEID (National Federation of Sport Facilities Enterprises)

Affiliation to European-level organisations

European Association of Sport Employers (EASE)

European Historic Aviation Federation (EFHA)

European Observatoire of Sport and Employment (EOSE) 

Affiliation to national-level organisations

Spanish Confederation of Employers' Organisations (CEOE)

Engagement in sector-related collective bargaining

yes

Consultation in sector-related matters

yes

Type of membership

voluntary

Organisation's domain with regard to sector

sectionalism

Domain overlap with other organisations in sector

no

Domain overlaps occur with the following organisations

n.g.

 

2011

Number of member companies, total

n.g.

Number of employees in member companies, total

n.g.

Number of member companies in sector

11,000

Number of employees in member companies in sector

85,000

Source of membership figures

Own calculation

Sectoral density – companies

70.55%

Sectoral density – employees

83.94%

Description of organisation's domain with regard to sector

n.g.

Representation of particular subgroups of enterprises

It represents sport facilities enterprises

Table 11: Employer organisation Fact sheet: Spanish Football League (LFP)

Affiliation to European-level organisations

European Professional Football Leagues

Engagement in sector-related collective bargaining

Yes

Consultation in sector-related matters

Yes

Type of membership

Voluntary

Organisation's domain with regard to sector

Sectionalism

Domain overlap with other organisations in sector

No

Domain overlaps occur with the following organisations

n.g.

Number of member companies, total

n.g.

Number of employees in member companies, total

n.g.

Number of member companies in sector

n.g.

Number of employees in member companies in sector

n.g.

Source of membership figures

Own calculation

Representation of particular subgroups of enterprises

It just covers football clubs

Table 12: Employer organisation Fact sheet: ACB (Basketball Clubs Association)

Affiliation to multinational organisations

International Basketball Federation

Affiliation to European-level organisations

European Basketball Federation and Union of European Basketball Leagues (ULEB)

Engagement in sector-related collective bargaining

yes

Consultation in sector-related matters

yes

Type of membership

voluntary

Organisation's domain with regard to sector

sectionalism

Domain overlap with other organisations in sector

no

Domain overlaps occur with the following organisations

n.g.

 

2010

Number of member companies, total

18

Number of employees in member companies, total

1,000

Number of member companies in sector

18

Number of employees in member companies in sector

1,000

Source of membership figures

Est. Social Partner

Sectoral density – companies

0.1%

Sectoral density – employees

1%

Representation of particular subgroups of enterprises

It just covers basketball clubs of the premier basketball league in Spain

Table 13: Employer organisation Fact sheet: ASOBAL (Handball Clubs Association)

Engagement in sector-related collective bargaining

yes

Consultation in sector-related matters

yes

Type of membership

voluntary

Organisation's domain with regard to sector

sectionalism

Domain overlap with other organisations in sector

no

Domain overlaps occur with the following organisations

n.g.

Number of member companies, total

16

Number of employees in member companies, total

n.g.

Number of member companies in sector

16

Number of employees in member companies in sector

n.g.

Sectoral density – companies

0.1%

Representation of particular subgroups of enterprises

It just covers handball clubs

Table 14: Employer organisation Fact sheet: LNFS (Five-a-Side National Football League)

Affiliation to multinational organisations

FIFA

Affiliation to European-level organisations

UEFA

Engagement in sector-related collective bargaining

yes

Consultation in sector-related matters

no

Type of membership

voluntary

Organisation's domain with regard to sector

sectionalism

Domain overlap with other organisations in sector

no

Domain overlaps occur with the following organisations

n.g.

Number of member companies, total

35

Number of employees in member companies, total

350

Number of member companies in sector

35

Number of employees in member companies in sector

350

Source of membership figures

Est. Social Partner

Sectoral density – companies

0.2%

Sectoral density – employees

0.4%

Representation of particular subgroups of enterprises

It just covers five-a-side football clubs

Table 15: Employer organisation fact sheet: ECP (Professional Cyclist Teams Association)

Affiliation to multinational organisations

no

Affiliation to European-level organisations

no

Affiliation to national-level organisations

no

Engagement in sector-related collective bargaining

yes

Consultation in sector-related matters

no

Type of membership

voluntary

Organisation's domain with regard to sector

sectionalism

Domain overlap with other organisations in sector

no

Domain overlaps occur with the following organisations

n.g.

 

2010

Number of member companies, total

5

Number of employees in member companies, total

130

Number of member companies in sector

5

Number of employees in member companies in sector

130

Source of membership figures

Est. Social Partner

Sectoral density – companies

0.0%

Description of organisation's domain with regard to sector

n.g.

Representation of particular subgroups of enterprises

It just covers cycling professional clubs

3. Inter-associational relationships

3a Inter-union relationships

3a.1 Please list all trade unions covered by this study whose domains overlap.

Federation of Services of the General Workers’ Confederation (FeS-UGT) and Federation of Citizen Services of the Trade Union Confederation of Workers’ Commissions (FSC-CCOO)

3a.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?

None are known

3a.3 If yes, are certain trade unions excluded from these rights?

Those excluded are trade unions with a representativeness of less than 10% at national level and 15% at regional level.

3b Inter-employer association relationships

3b.1 Please list all employer associations covered by this study whose domains overlap.

There are no employer organisations whose domains overlap.

3b.2 Do rivalries and competition exist among the employer associations, concerning the right to conclude collective agreements and to be consulted in public policy formulation and implementation?

None are known

3b.3 If yes, are certain employer associations excluded from these rights?

Those excluded are employer associations that obtain representativeness of less than 10% at national level and 15% at regional level.

3b.4 Are there large companies or employer associations which refuse to recognise the trade unions and refuse to enter collective bargaining?

No

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 only way the collective bargaining rate can be calculated is by crossing data from the Labour Force Survey (EPA) and the Official Statistics of the Labour Ministry (MTI, Principales Series) which present data on the number of agreements per branch of activity. The estimates made with data from these sources are presented in Table 16.

Table 16: Sector’s rate of collective bargaining coverage

Employees (annual average) and employees covered by agreements in the sport and active leisure activities NACE rev. 2.2 2009*

Employees, INE-EPA 2009

Employees

Employees covered by agreements from 2005 to 2009

Rate of collective bargaining (estimated %)

93 Sports activities and amusement and recreation activities

134,704

132,292

98%

* The annual average of employees per branch of activities is not available for 2010. The estimates are for 2009, for which the most recent data are available.

Source: Own calculation by comparing data from the Labour Force Survey (EPA) and the Official Statistics of the Labour Ministry

.

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.)

According to the collective bargaining statistics of the Ministry of Labour and Immigration up until December 2010 (MTI, Principales Series), in the sport and active leisure sector there are 70 company agreements, affecting 7,329 workers, and eight multi-employer agreements, affecting 114,625 workers. However, it must be borne in mind that statistics provide data for the whole sector, defined as code 93 according to NACE classification rev. 2, thus including activities such as ‘activities of amusement parks and theme parks’ (code 93.21), which this study does not take into account.

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

Yes

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 2008 (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.

Table 17: Sector-related multi-employer wage agreements
Bargaining parties Purview of the sector-related multi-employer wage agreements
 

Sectoral

Type of employees

Territorial

FNEID, FeS-UGT, FSC-CCOO

Collective agreement of sports facilities and fitness facilities (no. 9915106) 2006-2009

All employees working in sports facilities and fitness facilities (including blue-collar workers) as well as employees who work in sports and leisure activities in schools, hospitals, hotels, spas, etc. The self-employed and workers under special labour relationships are excluded

Spain

ACP, ABP

Collective agreement of male professional basketball players (no. 9908575). The agreement was signed from 1993 to 1997 but it is automatically renewed every year

All Spanish, EU member and non-EU member (male) basketball players playing in the ACB league, except for those players coming from non-European countries whose governments have not signed ‘non-discrimination agreements’ with the European Union. According to this criterion, 10% of the players are not covered by the agreement

Spain

ASOBAL, AJBM

III Collective agreement of male professional handball players (no. 9911755) 2011–2015

All male handball players working in clubs playing in the ASOBAL league

Spain

LNFS, AJFS

Collective agreement of five-a-side football players 2004–2005. The agreement has been automatically renewed every year

All five-a-side football players playing for clubs in the first division five-a-side league, and those players of entities of the so-called ‘silver category’ or other lower categories who decide to accept the collective agreement

Spain

LNFP, AFE

Professional football players’ collective agreement (no. 9902305) 2008–2011

All male football players playing for football clubs and entities pertaining to the Professional Spanish Football League (LNFP)

Spain

ECP, ACP

Professional cycling collective agreement (no. 9907355) 2010–2012

Professional cyclists hired by teams affiliated to the Spanish Cycling Federation and those teams whose working base is located in Spain

Spain

ANBF, AJEB

Female basketball players

Professional female basketball players

Spain

4.4. List the sector’s four most important collective agreements (single-employer or multi-employer agreements) valid in 2008 (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.

Table 18: The four most important agreements in terms of employees covered

Bargaining parties

Purview of the agreements

 

Sectoral

Type of employees

Territorial

FNEID, FeS-UGT, FSC-CCOO

Collective agreement of sport facilities and fitness facilities (no. 9915106 Official State Bulletin) 2006-2009

All employees working in sports facilities and fitness facilities as well as employees who work in sports and leisure activities in schools, hospitals, hotels, spas, etc. Self-employed workers and workers under special labour relationships are excluded

Spain

LNFP, AFE

Professional football players collective agreement (no. 9902305) 2008–2011

All male football players playing for football clubs and entities pertaining to the Professional Spanish Football League (LNFP)

Spain

LNFS, AJFS

Collective agreement of five-a-side football players 2004–2005. The agreement has been automatically renewed every year

All five-a-side football players playing for clubs in the first division five-a-side league, and those players of entities of the so-called ‘silver category’ or other lower categories who decide to accept the collective agreement

Spain

ASOBAL, AJBM

III Collective agreement of male professional handball players (no. 9911755) 2011–2015

All male handball players working in clubs playing in the ASOBAL league

Spain

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?

Most representative social partners have been recently consulted by means of public bodies, such as the National Qualifications Institute (Instituto Nacional de Cualificaciones) or the National Institute of Health and Safety in the Workplace (Instituto Nacional de Salud e Higiene en el Trabajo) regarding topics concerning qualifications or work accidents and labour risks. On the other hand, professional sports unions and employers’ organisations are usually consulted by the sports federations (basketball federation, football federation, etc.) which, according to Sports law 10/1990, of 15 October, act as ‘collaborating agents of the public administration’ (Article 30) in order to determine the number of foreign workers who can participate in national competitions.

The Federations Decree develops this article for football and basketball and the number of workers who can participate in national leagues is determined by a tripartite agreement between the Federation, club associations and players’ associations.

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

6a Statutory regulations of representativeness for trade unions

6a.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. Only the ‘most representative’ trade unions at the national level and the representative trade unions in the sector are entitled to conclude sectoral collective agreements or participate in tripartite bodies. Such a status (‘most representative’) is assigned to trade unions that cover a minimum of 10% of representatives at national level or 15% at regional level, or (‘representative’) a minimum of 10% of representatives of the sector at the national level or 15% of the sector at the regional level. Bearing this in mind, the representativeness of trade unions is as follows:

  • UGT: national
  • CCOO: national
  • AJBM: sectoral
  • ABP: sectoral
  • AJFS: sectoral
  • AFE: sectoral
  • ACP: sectoral

6a.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.

As 6.1.

6a.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.

Yes – the main criterion for trade union representativeness is the proportion of representatives, such as works council members or labour delegates. However, in some activities such as sports club activities, there are no works councils or labour delegates. In these activities (basketball, football, cycling, five-a-side football and handball) there is one corporatist union whose representativeness is acknowledged by the employer side and the sports federation. Some sports club unions, such as the AJFS, call for elections within the organisation while others, for instance the AFE, directly appoint a governing board in charge of negotiating the collective agreement without opening an electoral process.

The most recent electoral outcome is not known.

6b Statutory regulations of representativeness for employer organisations

6b.1 In the case of the employer organisations, do statutory regulations exist which establish criteria of representativeness which an organisation 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.

Only the ‘most representative’ employer organisations and the representative employer organisation in the sector are entitled to conclude collective agreements or participate in tripartite bodies. The most representative employer organisations are those that cover a minimum of 10% of employers and 10% of workers affected at national level or 15% of employers and workers at regional level. The representative employer organisations are those that cover a minimum of 10% of employers and 10% of workers of the sector at the national level or 15% of employers and workers of the sector at the regional level.

6b.2 In the case of the employer organisations, do statutory regulations exist which establish criteria of representativeness which an organisation 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.

As 6b.1

6b.3 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

The sports and leisure activities sector can be defined as a dual sector regarding its collective bargaining structure and organisational representativeness. Workers employed in sports and fitness facilities are covered by a multi-employer collective agreement concluded at national level by one representative sectoral employer organisation, FNEID, and two union federations, FSC-CCOO and FeS-UGT, which encompass more activities than sport and leisure activities, being very representative within this subsector. By contrast, professional sportsmen and women working for clubs tend to be affiliated to corporatist club unions, and are covered by subsectoral multi-employer agreements in football, basketball, five-a-side football, handball and cycling. Professional sportsmen and women in other sport activities are not covered by any agreement. Nevertheless, collective bargaining coverage in the sector is very high.

Pablo Sanz De Miguel, CIREM Foundation

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