Spain: Representativeness of the European social partners organisations – Public administration sector

  • Observatory: EurWORK
  • Topic:
  • Published on: 19 June 2011



About
Country:
Spain
Author:
Maria Caprile and Pablo Sanz de Miguel
Institution:

Almost 9% of employees in Spain work in the public administration. It is not only a large sector in terms of employment, but also a complex one in terms of collective bargaining and trade union representativeness. For example, the right to collective bargaining is different for civil servants and employees, and the structure of collective bargaining is complex because Spain is a highly decentralised state. However, the right to collective bargaining and participation seems to be well established, as is the trade unions’ representativeness.

1. Sectoral properties

  2001(a) 2008(b)
Aggregate employment 980,697 1,270,370
Male employment 625,903 751,404
Female employment 354,794 518,966
Aggregate employees 980,697 1,270,370
Male employees 625,903 751,404
Female employees 354,794 518,966
Aggregate sectoral employment as a % of total employment in the economy 6.1 7.0
Aggregate sectoral employees as a % of the total number of employees in the economy 7.6 8.5

Source: Labour Force Survey (Eurostat).

(a) Second quarter

(b) Annual average

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 regulation

  • Federation of Public Services of the General Workers’ Confederation ( FSP-UGT)
  • Federation of Citizen Services of the Trade Union Confederation of Workers’ Commissions( FSC-CCOO)
  • Federation of Public Employees of the Workers’ Trade Unionist Confederation ( FEP-USO)
  • Federation of Public Services of the Basque Workers’ Solidarity ( ELA-GIZALAN)
  • Federation of Public Administration of the Galician Interunion Confederation ( CIG-Administración)
  • Independent Trade Union Confederation of Public Servants ( CSI-CSIF)

2. Trade unions which are a member of the sector-related European Trade Union Federations (i.e. European Federation of Public Service Unions – EPSU and European Confederation of Independent Trade Unions – CESI

Trade unions which are member of the European Federation of Public Service Unions (EPSU):

  • FSP-UGT
  • FSC-CCOO
  • FEP-USO
  • ELA-GIZALAN
  • unions which are members of the European Confederation of Independent Trade Unions (CESI):
  • CSI-CSIF

3. Employer associations which are a party to sector-related collective regulation

There are no employer associations associated with the public administration. The sole employer is the state, acting as the employer for collective bargaining in the different public negotiation forums along with the most representative trade unions. Companies that are contracted by the state are governed by employers’ agreements or negotiated company agreements that are not in the scope of the public administration.

2a Data on the trade unions

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

Membership is always voluntary.

2a.2 Formal demarcation of membership domain (e.g. white-collar workers, public-sector workers, clerks, etc.)

Each trade union has a different sectoral demarcation, although all of them include the public administration sector as defined in this report. All the trade unions include both employees and civil servants. Membership is restricted on territorial grounds in the case of ELA-GIZALAN (Basque Country) and CIG-Administración (Galicia)

• FSP-UGT: public workers (employees and civil servants) of ministers, social security bodies, autonomous communities, administration of justice, public and private health, postal services, local administrations, workers from private enterprises which offer public services and first job seekers who are looking for a job in the public administration sector.

• FSC-CCOO: public and private general service workers. Some of the activities included are public administration, except public health and public education; transport; tourism; telecommunications and information technology; postal services and courier companies; graphic arts, paper and photography; mass media, culture, leisure, shows and sports.

• FEP-USO: public workers (employees and civil servants) of local, autonomous community and central administration; social security organisations; justice administration; postal services; army administration; education (excluding teachers); public and private health; geriatric institutions and disability institutions.

• ELA-GIZALAN: local, autonomous community and central administration workers (employees and civil servants), all in the Basque country: postal services; health; ertzaintza (autonomic community police from Basque country); educational workers (teachers and non-teachers) from the private and public sector.

• CIG-Administración: public workers (employees and civil servants) of local, autonomous community and central administration situated in Galicia.

• CSI-CSIF: public workers (employees and civil servants) of social security organisms; local, autonomous community and central administration; justice administration; tax administration; construction; penitentiary institutions; public health; public education; private security; Retevision (telecommunications enterprise).

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

  • FSP-UGT: 228,521
  • FSC-CCOO: 257,635
  • FEP-USO: 11,638
  • ELA-GIZALAN: 29,901
  • CIG-Administración: figure not available
  • CSI-CSIF: 159,975

2a.4 Number of trade union members in the sector

  • FSP-UGT: n.a.
  • FSC-CCOO: 136,240
  • FEP-USO: 8,638
  • ELA-GIZALAN: 11,612
  • CIG-Administración: figure not available
  • CSI-CSIF: 108,779

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

  • FSP-UGT: 48%
  • FSC-CCOO: 55%
  • FEP-USO: 47%
  • ELA-GIZALAN: 35%
  • CIG-Administración: figure not available
  • CSI-CSIF: 51%

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)

  • FSP-UGT: figure not available
  • FSC-CCOO: figure not available
  • FEP-USO: figure not available
  • ELA-GIZALAN: figure not available
  • CIG-Administración: figure not available
  • CSI-CSIF: figure not available

2a.7 Sectoral density: total number of members of the trade union in the sector in relation to the number of employees in the sector, as demarcated by the NACE definition

  • FSP-UGT: figure not available.
  • FSC-CCOO: 10.7%
  • FEP-USO: 0.7%.
  • ELA-GIZALAN: 0.9%
  • CIG-Administración: figure not available
  • CSI-CSIF: 8.6%

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

  • FSP-UGT: figure not available
  • FSC-CCOO: as 2a.7.
  • FEP-USO: as 2a.7.
  • ELA-GIZALAN: 23%
  • CIG-Administración: figure not available
  • CSI-CSIF: as 2a.7.

2a.9 Is the trade union involved in sector-related collective regulation? If yes, is it genuine collective bargaining, de facto negotiations or consultation?

Yes. All the trade unions are involved in genuine collective bargaining, although ELA-GIZALAN and CIG-Administración only take part in collective bargaining at the regional level (in the Basque Country and Galicia respectively).

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

  • FSP-UGT: UGT, European Federation of Public Service Unions (EPSU), Union Network International (UNI), Internacional de Servicios Públicos (ISP)
  • FSC-CCOO: CCOO, European Federation of Public Service Unions (EPSU), Union Network International (UNI), Internacional de Servicios Públicos (ISP)
  • FEP-USO: USO, European Federation of Public Service Unions (EPSU)
  • ELA-GIZALAN: ELA-STV, European Federation of Public Service Unions (EPSU) (no information available about other associations)
  • CIG-Administración: CIG (n.a. information about other associations)
  • CSI-CSIF: European Confederation of Independent Trade Unions (CESI) (no information available about other associations)

2b Data on the employer associations

There are no employer associations associated with the public administration.

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

2b.2 Formal demarcation of membership domain (e.g. state-owned units, administrative units, non-profit organisations, etc.)

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

2b.4 Number of member companies in the sector

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

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

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

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

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 Is the employer association involved in sector-related collective regulation? If yes, is it genuine collective bargaining, de facto negotiations or consultation?

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

3. Inter-associational relationships

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

  • FSP-UGT
  • FSC-CCOO
  • FEP-USO
  • ELA-GIZALAN
  • CIG-Administración
  • CSI-CSIF

All of them are of national scope, with the exception of ELA-GIZALAN and CIG-Administración, which are of regional scope (Basque Country and Galicia, respectively).

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?

None are known. The right to participate in collective bargaining and to be consulted depends on the results obtained in trade union elections.

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

Those trade unions that obtain representativeness of less than 10% at a national level and 15% at the regional level.

3.4. Same question for employer associations as 3.1.

3.5. Same question for employer associations as 3.2.

3.6. Same question for employer associations as 3.3.

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/regulation

4.1. Estimate the sector’s rate of collective regulation (i.e. the ratio of the number of employees covered by any kind of collective regulation (i.e. genuine bargaining, de facto negotiations and consultation) to the total number of employees in the sector).

The rate of collective regulation is very high, although it is difficult to obtain an exact estimate. In the first place, the differences between the collective regulation of salaried employees and civil servants should be clarified. In the second place, the rate of collective regulation for salaried employees is very high for the public administration of the State and Autonomous Communities, but varies greatly for Local Entities.

According to the Public Employee’s Statute, the collective bargaining rights of salaried employees (workers under any of the contracting modalities foreseen in the labour legislation) and civil servants (personnel whose labour relationship with the administration is governed by Administrative Law) are different. The right to collective bargaining of salaried employees is governed by the labour legislation and they may conclude genuine collective agreements like any other group of employees in the private sector. On the contrary, in the case of civil servants collective regulation is governed by the 1987 Law on Staff Representative Bodies, Regulation of Working Conditions and Staff Participation in the Public Administrations (Ley de Órganos de Representación, Determinación de las Condiciones de Trabajo y Participación del Personal al Servicio de las Administraciones Públicas, LORAP). Broadly speaking, the law establishes that the negotiation of civil servants’ working conditions takes place at bargaining tables, which according to the 1991 ‘Agreement to modernise the Administration and improve work conditions’ (Acuerdo para modernizar la Administración y mejorar las condiciones de trabajo, AMA) are structured as follows:

  • General level: the General Table negotiates the working conditions that affect all public servants of the General State Administration and the diverse Public Administrations.
  • Sectoral level: the Sectoral Tables negotiate specific aspects of working conditions in the sector, apart from being in charge of the application and development of the general agreements in the sector.
  • Decentralised level: other ad hoc tables, at a more decentralised bargaining level, can also be constituted in the following cases: when the affected body has a problem within the sector, when the group that is affected has its internal mobility restricted within the scope of its specific organisation or when dealing with a department that is decentralised.

Finally, it is worth highlighting that the LORAP was reformed in 2006 in order to establish a certain degree of joint collective bargaining for salaried employees and civil servants. For this purpose, the following tables were created:

  • The General Table of Negotiation of the Public Administrations: this table deals with common issues for salaried employees and civil servants at all administration levels (State, Autonomous Communities, Local Entities).
  • Similar general tables, for each administration level (State, Autonomous Communities, Local Entities).

Therefore, all the workers in the public administration should in principle be covered by ‘special’ collective agreements (if they are civil servants) or ‘genuine’ collective agreements (if they are salaried employees). However, at the local level the situation varies greatly for the salaried employees. Thus, there are four situations: a) workers covered by an agreement concluded at the town hall; b) workers covered by a frame agreement that establishes the minimum conditions at the regional level, as it happens in Basque Country or Castile-Leon; c) workers covered by a sectoral agreement that the town hall takes arbitrarily as a reference to establish wages; d) workers not covered by any kind of agreement, whose wages are determined in accordance with the annual update established by the General Budgetary Law.

4.2. Estimate the sector’s rate of collective bargaining coverage (i.e. the ratio of the number of employees covered by genuine collective bargaining to the total number of employees in the sector).

As 4.1.

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

Not strictly applicable as the employer is the public administration.

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

4.3. List all sector-related multi-employer wage agreements* (genuine bargaining) valid in 2007 (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.

In the case of the public administration, it is difficult to distinguish between multi-employer and single-employer agreements, as the state is the only employer. From this perspective, this section includes the most relevant collective agreements of national scope. The most important is the collective agreement of the General State Administration, which covers most of the salaried employees working in the public administration of the state. The rest of the salaried employees working in the public administration of the state are covered by specific collective agreements for public bodies/subsectors (i.e. justice and tax administration).

However, Spain is a highly decentralised state and most Autonomous Communities follow the same pattern for regulating the working conditions in the regional public administration: one general collective agreement and a set of specific collective agreements for public bodies/subsectors.

Sector-related multi-employer wage agreements
Bargaining parties Purview of the sector-related multi-employer wage agreements
  Sectoral Type of employees Territorial
CCOO,UGT, CSI-CSIF, ELA, CIG General state administration (Agreement no. 9012022; 2005–2008) Salaried employees National
Delegados de Personal General Council of the Judiciary (Agreement no. 9011842; 2009–2010) Salaried employees National
CCOO, SIAT-USO, UGT, CSI-CSIF General State Tax Administration Agency (Agreement no. 9009682; 2005–2008) Salaried employees National

4.4. List the sector’s four most important collective agreements (genuine bargaining, single-employer or multi-employer agreements) valid in 2007 (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 (genuine bargaining) in terms of employees covered
Bargaining parties Purview of the sector-related multi-employer wage agreements
  Sectoral Type of employees Territorial
CCOO,UGT, CSI-CSIF, ELA, CIG General State Administration (Agreement no. 9012022; 2005–2008) Salaried employees National
Delegados de Personal General Council of the Judiciary (Agreement no. 9011842; 2009–2010) Salaried employees National
CCOO, SIAT-USO, UGT, CSI-CSIF General State Tax Administration Agency (Agreement no. 9009682, 2005–2008) Salaried employees National

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?

Only the ‘most representative’ trade unions are entitled to participate in social dialogue: FSP-UGT, FSC-CCOO and CSI-CSIF fulfil this criterion at the national level, while ELA-GIZALAN and CIG-Administración do so at the regional level (Basque Country and Galicia, respectively).

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:

In 2004, the government and the representative trade unions at national level (FPS-UGT, FSC-CCOO and CSI-CSIF) signed a ‘Statement for social dialogue in the public administrations’. The main objectives were to enhance the quality of public services, by means of increasing productivity and improving working conditions in the public administrations. A joint commission was created, with an equal number of representatives from government and the trade unions, to develop these objectives and monitor progress. In terms of this statement, further social dialogue takes place in four working groups: collective bargaining and participation; employment and temporary contracts; wages; health and safety and vocational training.

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 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 are entitled to conclude sectoral collective agreements or participate in social dialogue. Such status is accorded to unions which achieve a minimum of 10% of representatives at national level or 15% at regional level. The trade unions confederations UGT and CCOO fulfil this criterion at national level, while ELA and CIG do so at the regional level. Besides, CSI-CSIF fulfils the criterion of 10% of representatives at national level for the public administration sector. Consequently, the trade unions that are entitled to conclude sectoral agreements in the public administration sector are:

  • FSP-UGT: national
  • FSC-CCOO: national
  • CSI-CSIF: national
  • ELA-GIZALAN: regional (Basque Country)
  • CIG-Administración: regional (Galicia)

Other trade unions (such as USO) may meet the criteria of 10% of representatives at national level or 15% at regional level in some specific subsectors, and therefore be entitled to participate in collective bargaining in these cases.

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.

As 6.1.

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.

According to the information received from FSP-UGT, the results for the voting period 1 January 2006 to 30 October 2009 are as follows:

  • FSP-UGT: 18,852
  • FSC-CCOO: 18,176
  • CSI-CSIF: 4,826
  • Others: 13,542

Total number of representatives: 55,396

According to the information received from CSI-CSIF, the results for the same voting periods are as follows:

  • FSP-UGT: 12,835
  • FSC-CCOO: 13,037
  • CSI-CSIF: 5,441
  • Others: 11,815

Total number of representatives: 43,396

6.4. Same question for employer associations as 6.1.

6.5. Same question for employer associations as 6.2.

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.

7. Commentary

Almost 9% of employees in Spain work in the public administration. It is not only a large sector in terms of employment, but also a complex one,in terms of collective bargaining and trade union representativeness. First, a distinction is made between ‘civil servants’ and ‘salaried employees’. Salaried employees have the same right to collective bargaining as employees in any other sector, whilst collective regulation for civil servants is governed by a specific law and takes place at the ‘bargaining tables’. Second, the structure of collective bargaining is complex, because Spain is a highly decentralised state: although the state is, in the end, the sole employer, collective bargaining takes place at the national (public administration of the state) regional (public administration of the Autonomous Communities) and local level (basically, town halls). Third, not only are the most representative trade unions confederations in Spain active in the sector, but there is also a specific trade union for public employees. However, the right to collective bargaining and participation seems to be well established, as well as the representativeness of the trade unions, in a scenario marked by the absence of major conflict.

8. List of consulted organisations and individuals

Maria Caprile and Pablo Sanz de Miguel, CIREM

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