This information is made available through the European Industrial Relations Observatory (EIRO), as a service to users of the EIROnline database. EIRO is a project of the European Foundation for the Improvement of Living and Working Conditions. However, this information has been neither edited nor approved by the Foundation, which means that it is not responsible for its content and accuracy. This is the responsibility of the EIRO national centre that originated/provided the information. For details see the "About this record" information in the EIROnline record to which this article is linked. Jan Czarzasty Questionnaire for EIRO comparative study on collective bargaining coverage and extension procedures See the accompanying background document for the definitions of the various terms used. Please use the tables provided to present the information, where possible. Please ensure that you provide the source of all statistics used. (Data on the collective agreements by Państwowa Inspekcja Pracy – State Inspection of Labour; data on employment by Główny Urząd Statystyczny – Central Statistical Office). 1. Collective Bargaining Coverage 1.1. Please provide available statistics on the following categories for 2000 and 2001 (or, if not available for the two most recent years available): the total number of employees covered by any kind of collective agreement (i.e. corrected for multi-counting) in your country the total number of employees excluded from the right to collective bargaining in your country. Note: As regards the public sector, we regard the right to collective bargaining as given, when legal provisions entitle the public-sector unions to negotiate, regardless of whether collective agreements require additional approval by government or parliament to become valid. However, public-sector unions are seen as being excluded from the bargaining right when being only entitled to give recommendations for regulating the employment terms (e.g. the Pay Review Bodies in the UK). Again, we refer to formal arrangements and classify employees as excluded from the right to bargain, if no right to negotiate exists, regardless of whether informal bargaining between the public-sector unions and their employer counterpart takes place. the total number of employees in your country 1.2. If it is not possible to provide the above figures, please estimate: the rate of ACBC (the adjusted rate of collective bargaining coverage) the rate of UCBC (the unadjusted The rate of collective bargaining coverage) each for the reference years (i.e. 2000 and 2001 or the two most recent years for which an estimate can be made). 1.3. Please provide the statistics listed under 1.1, disaggregated by gender 1.4. If it is not possible to provide the figures for 1.3, please estimate the rate of ACBC and UCBC disaggregated by gender 1.5. Please provide the statistics listed under 1.1, disaggregated by white- and blue-collar workers 1.6. If it is not possible to provide the figures for 1.5., please estimate the rate of ACBC and UCBC disaggregated by white- and blue-collar workers Table1 (integrating 1.1, 1.3, 1.5) Total number of employees ... covered by any collective excluded from the right in the country agreement to coll. bargaining On aggre- gate (1.1) 2000 NA NA 15.159.228/9.504.654*** 2001 96.369** 14.043.000/7.817.300*** By gender* female male female male female male (1.3) 2000 NA NA NA NA 7.243.845 7.915.383 2001 NA NA NA NA 6.315.000 7.728.000 By worker white-collar blue-collar white-collar blue-collar white-collar blue-collar (1.5) 2000 NA NA NA NA NA NA 2001 NA NA NA NA NA NA *Breakdown by gender is included only in the GUS methodology so far. ** Employees covered by any collective agreements registered in 2001. *** Employed (any form including self –employment)/paid employees hired on the basis of employment contracts Table 2 (integrating 1.2, 1.4, 1.6) Estimated rate of ... (percentage) ACBC UCBC On aggregate (1.2) 2000 NA NA 2001 NA By gender (1.4) female male female male 2000 NA NA NA NA 2001 NA NA NA NA By worker (1.6) white-collar blue-collar white-collar blue-collar 2000 NA NA NA NA 2001 NA NA NA NA 1.7. Please provide available statistics on the total number of employees covered by any kind of collective agreements and on the total number of employees for the reference years for the following sectors: agriculture, hunting and forestry, and fishing (i.e. NACE A and B) mining and quarrying (i.e. NACE C) manufacturing (i.e. NACE D) electricity, gas and water supply (i.e. NACE E) construction (i.e. NACE F) wholesale and retail trade; repair of motor vehicles, motorcyles and personal household goods (i.e. NACE G) hotels and restaurants (i.e. NACE H) transport, storage and communication (i.e. NACE I) financial intermediation, real estate, renting and business activities (i.e. NACE J and K) public administration and defence; compulsory social security (i.e. NACE L) education, health and social work, other community, social and personal service activities (i.e. NACE M, N, and O) 1.8. If it is not possible to provide the above figures, please estimate the rate of UCBC for the reference years and the following sectors: agriculture, hunting and forestry, and fishing (i.e. NACE A and B) mining and quarrying (i.e. NACE C) manufacturing (i.e. NACE D) electricity, gas and water supply (i.e. NACE E) construction (i.e. NACE F) wholesale and retail trade; repair of motor vehicles, motorcyles and personal household goods (i.e. NACE G) hotels and restaurants (i.e. NACE H) transport, storage and communication (i.e. NACE I) financial intermediation, real estate, renting and business activities (i.e. NACE J and K) public administration and defence; compulsory social security (i.e. NACE L) education, health and social work, other community, social and personal service activities (i.e. NACE M, N, and O) Table 3 (integrating 1.7, 1.8) Employees covered by Total number of Estimated rate of UCBC any coll. agreement (1.7) employees (1.7) in percent (alternatively) (1.8) 2000 2001 2000 2001 2000 2001 NACE NA 15304 221.700 133.200 NA 6,90% A+B NACE C NA 3677 240.400 214.600 NA 1,53% NACE D NA 38353 2.574.300 2.111.200 NA 1,49% NACE E NA 7991 248.200 243.900 NA 3,22% NACE F NA 4363 703.400 490.700 NA 0,62% NACE G NA 3327 1.399.600 855.400 NA 0,24% NACE H NA 956 152.500 104.000 NA 0,63% NACE I NA 4105 667.800 551.900 NA 0,61% NACE J+K NA 11588 880.000 759.500 NA 1,32% NACE L NA 186 470.900 520.700 NA 0,039% NACE NA 2604*** 2.051.600** 1.684.600 NA 0,13%*** M+N+O* *Breakdown complies with the Polish Classification of Activities (PKD), which slightly differs from the European Classification of Activities (ECA) and includes the following additional categories: households employing workers (number of employees covered by any collective agreement in 2001= 0) and organizations and exterritorial units (number of employees covered by any collective agreement in 2001=0), irrelevant to the above calculation. ** Total number of employees (the sum of figures in the 1.7/2000 column) after adjustments, thus differs from the data provided in 1.1/2000. *** Only the number of collective agreements established in 2001 is available. 1.9. Please provide available statistics on the total number of employees covered by any kind of collective agreements and on the total number of employees for the private and the public sector for the reference years. Note: the public sector includes all activities directly or indirectly run by the state, except production of goods for which a market price exists. Hence, state-owned companies are excluded. 1.10. If it is not possible to provide the figures listed under 1.9, please estimate the rate of UCBC for the private and the public sector for the reference years Table 4 (integrating 1.9, 1.10) Employees covered by Total number of Estimated rate of UCBC any coll. agreement (1.9) employees (1.9) in percent (alternatively) (1.10) 2000 2001 2000 2001 2000 2001 Private NA NA 5.519.797 4.148.700 NA NA sector Public NA NA 3.984.857 3.668.600 NA NA sector 1.11. Please provide available statistics on the total number of employees covered by any kind of collective agreements and on the total number of employees for the private sector, disaggregated by the following bargaining levels (reference years): multi-employer agreements (i.e. interindustry agreements, occupational agreements, industry-level and regional agreements) single-employer collective agreements ( i.e. agreements for one certain company, plant or subdivisions of companies and plants) Note: Each of the two categories should include employees under both a single- and multi-employer agreement. 1.12. If it is not possible to provide the figures listed under 1.11, please estimate the rate of UCBC for the two bargaining levels (reference years). Table 5 – Private Sector (integrating 1.11, 1.12) Employees covered by Total number of Estimated rate of UCBC in any coll. agreement employees (1.11) percent (alternatively) (1.11) (1.12) By multi- Single- multi- single- bargaining employer employer employer employer level agreements agreements agreements agreements 2000 NA NA 5.519.797 NA NA 2001 NA NA 4.148.700 NA NA 1.13. If possible, please disaggregate the coverage rate of multi-employer bargaining by: intersectoral agreements sectoral/branch agreements occupational agreements national agreements regional/provincial agreements single-employer agreements Note: reference years (2000, 2001); intersectoral, sectoral/branch agreements, and occupational agreements include both national and regional/provincial agreements; due to multi-level bargaining the aggregate coverage rate of all categories may exceed the coverage rate according to 1.1/1.2. NA 1.14. Please provide available statistics on the total number of employees covered by any kind of collective agreements and on the total number of employees for the private sector, disaggregated by firm size (i.e. size by number of employees, classification of firm size according to the national definition) (reference years). NA 1.15. If it is not possible to provide the figures listed under 1.13, please estimate the rate of UCBC by firm size (reference years). NA 1.16. Do collective agreements include groups other than employees (e.g. self-employed persons)? If yes, estimate their coverage rate (ratio of covered persons to the total number of members of this group). NA 1.17. Do collective agreements, to a notable degree of incidence, explicitly exclude certain categories of employees (e.g. foreign workers) or certain categories of non- standard work (e.g. temporary agency workers, tele workers, fixed term employees, and part-time workers) from their purview? There are certain categories of employees excluded from collective bargaining. By virtue of Art. 239 par. 2, the collective bargaining coverage is available not only to present-time or former non-fixed terms employees, however the government and local government officials elected for, appointed or assigned to their offices, the Civil Corpse members and judges and state attorneys are not entitled to the coverage. 1.18. Has the aggregate level of ACBC and/or UCBC significantly increased/decreased since 1990? If yes, what are the possible reasons for this? Since 1990, when the transformation of Polish economy began, the share of the private sector in various aspects of economic life (first and foremost – the employment figures) has been increasing steadily to eventually outgrow the public sector. The institution of a collective agreement was introduced in Poland in 1995. The tendency mentioned before resulted in an actual decrease in a number of new collective agreements, because private entities, especially the newly established ones, have not been particularly enthusiastic on implementing the collective bargaining instruments. 1.19. Has CBC been a major issue of debates among the social partner and the government during the last years? If yes, for what reason? The social dialogue was a difficult issue in the 1990ties, especially since 1997, when the Tri-Party Commission works had been terminated. Re-established in 2001, the Commission soon found itself on the rocks, when proposals of the Labor Code revision were introduced. Collective bargaining was actually one of the issues over which the parties disagreed. The regulations set by Art. 241 27 of the Labor Code open the way for temporary (up to three years) suspension of the collective bargaining agreement upon the parties’ mutual consent due to an employer’s difficult financial situation. 2. Extension procedures 2.1. Please give an overview of the types of legally-based extension procedures existing in your country. When doing so, observe the following structure: extension procedures in the narrow sense referring to the employees By virtue of art. 239 par.1 of the Labor Code, all the employees employed by the employers bound by a collective agreement are covered by such agreement, unless the parties have decided otherwise. By virtue of art. 239 par.2 of the Labor Code other categories of workers besides contractual employees, such as the retired employees may also be covered by a collective agreement. enlargement procedures By virtue of art. 241 par. 2 of the Labor Code, in case any of the representative labor unions or an employer association files a motion for establishment of a multi-employer agreement and the other unions do not become involved in the negotiations within 30 days since the motion was publicly announced, then all the unions that have become involved within the given 30 days are entitled to negotiate the agreement on behalf of all the employees. By virtue of art. 241 18 par. 1 of the Labor Code, the multi-employer agreement may be enlarged by decision of the Minister of Labor to cover partly or fully other employees working for an employer not bound by any collective agreement who conducts the same or comparable activities to those conducted by the employers bound by the agreement (that regulation bears close resemblance to the “enlargement” procedure as defined in the manual). Such decision should be taken only to satisfy “a vital social interest”. For each of these categories, please clarify the following points: the law on which the procedure is based the way in which the procedure comes into operation. In principle, the procedure may take effect ex lege (i.e. by automatic operation) or at the request of one or both bargaining parties in that they have to apply for extension. If the procedure is based on application, what body decides on this matter? Are there special preconditions to which the application of the procedure is tied? If these preconditions are given, is the decision-making body obliged to extend the collective agreement? Do these procedures apply to both the private and the public sector? 2.2. Are there any legally established arrangements that can be regarded as functional equivalents to extension (e.g. compulsory membership in the unions or employer associations; legal provisions requiring government contractors to comply with the terms of employment as determined by the corresponding collective agreement)? As mentioned in 2.1 the Minister of Labor has a prerogative to extend coverage in certain circumstances to the employees not covered. 2.3. Have there been changes in the legal framework for extension since 1990? If yes, please summarize these changes and the reasons for change. 2.4. Please provide available statistics on the total number of employees covered exclusively by any kind of extension. Put otherwise, this figure records the total number of employees to whom collective agreements were extended (reference years). NA 2.5. If it is not possible to provide the figures listed under 2.4, please estimate the number of employees exclusively covered by any kind of extension, understood as a percentage of the total number of employees covered (reference years). NA 2.6. Please provide available statistics on the total number of private-sector employees covered exclusively by any kind of extension (reference years). NA 2.7. If it is not possible to provide the figures listed under 2.6, please estimate the number of private-sector employees exclusively covered by any kind of extension, understood as a percentage of the total number of private-sector employees covered (reference years) Table 6 (integrating 2.4, 2.5, 2.6, 2.7) 2000 2001 Total number of employees NA NA exclusively covered by extension (2.4) Estimated percentage NA NA (alternatively) (2.5) Total number of employees in NA NA the private-sector exclusively covered by extension (2.6) Estimated percentage NA NA (alternatively) (2.7) 2.8. Please delineate the attitude of the social partners and the government with regard to extension procedures. Has extension been a subject of public debates during the last years? In countries where extension provisions do not exist, have there been any demands for/ debates about the introduction of such provisions? 3. Commentary by the NC Please provide your own comments on the issues covered by this study. Regrettably there is very few reliable statistical data on the subject examined with the comparative study currently available, thus majority of questions the questionnaire consists of are to remain unanswered. As the result the picture of the collective bargaining in Poland can only be sketched now. Vast portion of the relevant data on collective bargaining cannot be obtained because appropriate research has not been conducted. In fact, until recently the local authorities of the State Inspection of Labor (PIP) were not required to collect and store data in any standardized form, thus data acquired in various areas was often incompatible, which was the major obstacle for data aggregation. Moreover, only the multi-employer agreements are registered directly at the Ministry of Labor. On the contrary, local authorities of PIP register sinlge-employer agreements. There is, however, to be a major policy change because PIP headquarters have been preparing a new research methodology standardized for the country-scale (including a tailor-made software) to enable itself to gather, compute and retrieve data systematically and expand the range of issues to be monitored. Accurate and credible data on the issues examined with the current comparative study shall become acquirable at the end of the year. Length and format National responses should be up to 2,000 words in length. Important: Please use the special EIRO record template sent out with this questionnaire to respond, filling in the answer to each question underneath that question, and then submit it in the normal way through the CMS. If you have any queries on administrative issues (deadlines, submission etc), please contact Shivaun Lindberg in the first instance. If you have any queries on the content of the information requested, please contact the Austrian National Centre (Georg Adam [firstname.lastname@example.org]), which is coordinating the study. Timing The deadline for the submission of responses to the CMS by national centres is 17/9/02. The procedure after that date is as follows: EIRO technical editor passes on national responses to coordinating national centre – Italy. Coordinating national centre produces comparative text. Coordinating national centre returns comparative text to EIRO editing unit for final edit by 29/10/02. Editor makes queries to national centres and coordinating national centre, as necessary. Comparative text formatted and loaded onto database by 26/11/02.
Pages to are hidden for
"Collective Bargaining Coverage Eurofound"Please download to view full document