Collective Bargaining Coverage Eurofound by alicejenny

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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
[georg.adam@univie.ac.at]), 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.

								
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