ROAD TRANSPORT SECTOR - UCL

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					                                   UNIVERSITE CATHOLIQUE DE LOUVAIN

                                     Institut des sciences du travail




             MONOGRAPHS ON THE SITUATION OF SOCIAL PARTNERS
IN THE NEW MEMBER STATES AND CANDIDATE COUNTRIES: ROAD TRANSPORT SECTOR
                                        Project No VC/2003/0451




                                              October 2004
Research project conducted on behalf of the Employment and Social Affairs DG of the European Commission
                                                                       Staff working on this study

Author of the report
Alexandre CHAIDRON, researcher
Delphine ROCHET, researcher

Coordinator
Prof. Armand SPINEUX

Research Team
Prof. Bernard FUSULIER
Prof. Evelyne LEONARD
Marinette MORMONT, researcher
Prof. Pierre REMAN
Isabelle VANDENBUSSCHE, researcher

Administrative co-ordination
Marie-Anne SAUSSU

Network of National Experts
Bulgaria:         Rumiana Gladicheva and Teodor Dechev, Institute for Social Analyses and Policies
Cyprus:           Evros I. Demetriades, Savvas Katsikides and Maria Modestou, Department of Social and Political Science, University of Cyprus
Czech Republic:   Ales Kroupa, Research Institute for Labour and Social Affairs
Estonia:          Ass. Prof. Kaia Philips and Ass. Prof. Raul Eamets, Institute of Economics, University of Tartu
Hungary:          Csaba Makó, Miklós Illéssy and Péter Csizmadia, Research Group for Organisation and Work, Institute of Sociology, Hungarian Academy of Sciences


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Latvia:           Alf Vanags and Svetlana Sevcenko, Baltic International Centre for Economic Policy Studies (BICEPS)
Lithuania:        Mark Chandler, Stockholm School of Economics in Riga and BICEPS
Malta:            Saviour Rizzo and Manwel Debono, WPDC, University of Malta
Poland:           Pierre Grega, SONECOM (Sondages, Etudes et Communication) s.p.r.l.
Romania:          Ion Glodeanu, Institut de Sociologie de l’Académie Roumaine
Slovak Republic: Lubica Bajzikova, Comenius University, and Helena Sajgalikova, University of Economics
Slovenia:         Alenka Krasovec and Miroslav Stanojevič, Faculty of Social Sciences, University of Ljubljana
Turkey:           Engin Yildirim and Suayyip Calis, Faculty of Economics and Administrative Sciences, Department of Labour Economics and Industrial Relations, Sakarya University


Disclaimer
The contents of this publication do not necessarily reflect the opinion or position of the European Commission, Directorate-General Employment and Social Affairs. This study has
been carried out by independent experts. It therefore does not involve the Commission’s responsibility in any way. The European organisations, the subject of this study have had the
opportunity to comment on the content of this study before its final approval.




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                                                TABLE OF CONTENTS

TABLE OF CONTENTS                                                    4


ABBREVIATIONS                                                        8


INTRODUCTION                                                        12

Context of the study                                                12

Research approach and comments on methodology                       14

The national summary reports                                        14


BULGARIA                                                            16

1. Description of the sector                                        16

2. Industrial relations in the sector                               17

3. Organisations active in the sector                               21


CYPRUS                                                              25

1. Description of the sector                                        25

2. Industrial relations in the sector                               26

3. Organisations active in the sector                               28


CZECH REPUBLIC                                                      32


                                                                     4
1. Description of the sector            32

2. Industrial relations in the sector   33

3. Organisations active in the sector   35


ESTONIA                                 40

1. Description of the sector            40

2. Industrial relations in the sector   41

3. Organisations active in the sector   43


HUNGARY                                 46

1. Description of the sector            46

2. Industrial relations in the sector   48

3. Organisations active in the sector   50


LATVIA                                  54

1. Description of the sector            54

2. Industrial relations in the sector   55

3. Organisations active in the sector   56


LITHUANIA                               57

1. Description of the sector            57

2. Industrial relations in the sector   58

                                         5
3. Organisations active in the sector   58


MALTA                                   60

1. Description of the sector            60

2. Industrial relations in the sector   61

3. Organisations active in the sector   62


POLAND                                  67

1. Description of the sector            67

2. Industrial relations in the sector   68

3. Organisations active in the sector   70


ROMANIA                                 77

1. Description of the sector            77

2. Industrial relations in the sector   78

3. Organisations active in the sector   80


SLOVAK REPUBLIC                         86

1. Description of the sector            86

2. Industrial relations in the sector   87

3. Organisations active in the sector   89



                                         6
SLOVENIA                                 94

1. Description of the sector             94

2. Industrial relations in the sector    95

3. Organisations active in the sector    97


TURKEY                                  100

1. Description of the sector            100

2. Industrial relations in the sector   101

3. Organisations active in the sector   102




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                                                                          ABBREVIATIONS

ACPR:            Romanian Alliance of The Employers’ Organisation (Alianta Confederatiilor Patronale din Romania).
AGIR:            General Engineers’ Association from Romania (Asociatia Generala a Inginerilor din Romania).
AL:              Union of Estonian Automobile Enterprises (Autoettevõtete Liit).
AOZDPT:          Association of Trade Unions in Transport, Post and Telecommunications (Asociacia Odborovych Zvazov Dopravy, Post a Telekomunikacii).
APATU:           All-Poland Alliance of Trade Unions.
ARTRI:           Romanian Association for International Road Transports (Asociatia Romana pentru Transporturi Rutiere Internationale).
ASO:             Association of Independent Trade Unions (Asociace Samostatných Odborů).
BCCI:            Bulgarian Chamber of Commerce and Industry.
BIA:             Bulgarian Industrial Association.
BNS:             National Trade Union Block (Blocul National Sindical).
BSEC-URTA:       Union of Road Transporters Associations from the Economic Cooperation Region of the Black Sea.
CESI:            European Confederation of Independent Trade Unions.
CITA:            International Motor Vehicle Inspection Committee.
CITUB:           Confederation of Independent Trade Unions in Bulgaria.
CL ‘Podkrepa’:   Confederation of Labour ‘Podkrepa’.
ČMKOS:           Čzech-Moravian Confederation of Trade Unions (Českomoravská Konfederace Odborových Svazů).
CNPR:            National Confederation of the Romanian Employers’ Organisation (Confederatia Nationala a Patronatului din Romania).
CNSLR-Fratia:    National Confederation of Free Trade Unions from Romania – Fratia (Confederatia Nationala a Sindicatelor Libere din Romania-Fratia).
CONFIAD:         Confédération Internationale des Agents en Douane.
CPE:             Confederation of Polish Employers.
CSNTR:           National Trade Union Convention of the Transporters from Romania (Conventia Sindicala Nationala a Transportatorilor din Romania).



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DOSIA:     Trade Union of Workers in Transport, Road Economy and Repair Vehicles (Odborový svaz pracovníků dopravy, silničního hospodářství a autoopravárenství Čech a
           Moravy).
EABG:      Employers Association of Bulgaria.
ECASBA:    European Community Association of Ship brokers and Agents.
ECATRA:    European Car and Truck Rental Association.
EFFAT:     European Federation of Food, Agricultural and Tourism Trade Union.
ERAA:      Association of Estonian International Road Carriers (Eesti Rahvusvaheliste Autovedajate Liit).
ETF:       European Transport Workers’ Federation.
ETTA:      Estonian Transport and Road Workers' Trade Union (Eesti Transpordi- ja Teetöötajate Ametiühing).
ETUC:      European Trade Union Confederation.
FIATA:     International Federation of Freight Forwarders Associations.
FIOST:     International Federation of Trade Unions of Transport Workers.
FNPTRR:    Employers’ National Federation of Road Transporters from Romania (Federatia Nationala Patronala a Transportatorilor Rutieri din Romania).
FNSSR:     The National Federation of Drivers’ Trade Unions from Romania (Federatia Nationala a Sindicatelor Soferilor din Romania).
FONASBA:   The Federation of National Associations of Ship Brokers and Agents.
GEEP:      European Center of Enterprises with Public Participation and Enterprises of General Economic.
GRTU:      Association of General Retailers and Traders.
GWU:       General Workers’ Union.
IATA:      International Air Transport Federation.
ICFTU:     International Confederation of Free Trade Unions.
IDC:       International Council of Dock-workers.
IOE:       International Organisation of Employers.
IMMTA:     International Association of Multimodal Transport.
IRF:       International Road Federation.
IRU:       International Road Transport Union.


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ITF:             International Transport Workers’ Federation.
ITS:             Intelligent Transport System.
IUF:             International Union of Food.
KOZ SR:          Confederation of Trade Unions of the Slovak Republic (Konfederacia Odborovych Zvazov Slovenskej Republiky ).
LAKRS:           Latvian Public Services Employees Trade Union.
LATVIJAS AUTO:   Latvian Association of International Road Carriers.
LPK:             Lithuanian Confederation of Industrialists.
LPSK:            Lithuanian Trade Union Confederation.
MABSA:           Mid-Atlantic Biological Safety Association.
MCESD:           Malta Council for Economic and Social Development.
OSD:             Transport Workers´ Union (Odborový Svaz Dopravy).
OSPEA:           Trade Union Federation of Electric Tramway and Bus Workers.
PEO:             Pancyprian Federation Of Labour.
POLIS:           Association For Promoting the Modern Technologies within European Towns and Regions.
                 Pracovníků Elektrických drah a Autobusové dopravy).
PRI:             International Road Prevention.
PTA:             Public Transport Association.
RACA:            Rent-A-Car Association.
SD CR:           The Transport Union of the Czech Republic (Svaz Dopravy ČR).
SDP ČR:          Association of Transit Companies of the Czech Republic (Sdružení Dopravních Podniků).
SEK:             Cyprus Workers Confederation.
SIAR:            Romanian Society of Vehicle Engineers (Societatea Romana a Constructorilor de Autovehicule).
STAR:            The Federation of Romanian Vehicle Transporters’ Trade Unions (Federatia Sindicatelor Transportatorilor Auto Romani).
UBS:             Unscheduled Bus Service.
UEAPME:          European Association of Craft Small and Medium-sized Enterprises.


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UGIR-1903:   The General Union of Industrialists from Romania – 1903 (Uniunea Generala a Industriasilor din Romania – 1903).
UITP:        International Union of Public Transport.
UNICE:       Union of Industrial and Employers’ Confederations of Europe.
UNTRR:       The National Union of Road Hauliers from Romania (Uniunea Nationala a Transportatorilor Rutieri din Romania).
UPEE:        Union for Private Economic Enterprise.
URTP:        Romanian Union of Public Transport (Uniunea Romana de Transport Public).
USLMA:       The Union of Subway and Aviation Trade Unions (Uniunea Sindicatelor din Metrou si Aviatie).
UTWSB:       Union of Transport Workers' Syndicates in Bulgaria (Sayuz na Transportnite Syndicati v Bulgaria).
VDV:         Union of Public Transport from Germany.
WCL:         World Confederation Labor.
WTA:         White Taxis Amalgamated




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                                                                                             INTRODUCTION

This report was drawn up within the framework of a study on the institutional representativeness of the trade unions and employers’ organisations in the European Union UE15 and the situation of
trade unions and employers’ organisations in the new Member States and in the candidate countries. The study is carried out by the Institut des Sciences du Travail (IST) of the Université
Catholique de Louvain (UCL) at the request of the European Commission’s DG Employment and Social Affairs (Call for tenders No. VT/2002/83).
This report aims to examine the process of social dialogue and the situation of trade unions and employers’ organisations participating in that dialogue in the road transport sector in the 10 new
Member States and in Bulgaria, Romania and Turkey.
According to NACE classification Rev. 1.1 (2002), Road Transport sector (sections 60.2, namely “Other land transport”) covers the following activities :

                                -    60.21 Other scheduled passenger land transport,

                                -    60.22 Taxis operations

                                -    60.23 Other land passenger transport

                                -    60.24 Freight transport by road


Context of the study
This study takes place in the context of the European Commission’s promotion of social dialogue at Community level.
The question of the representativeness of European organisations emerged within the framework of the promotion of social dialogue at Community level. In a Communication published in 19931, the
European Commission set out three criteria determining the access that employers’ and workers’ organisations had to the consultation process under Article 3 of the Agreement on Social Policy.
According to the terms of this communication, the organisation must: (1) be cross-industry or relate to specific sectors or categories and be organised at European level; (2) consist of organisations
which are themselves part of Member States’ social partners structures and with the capacity to negotiate agreements, and which are representative of all Member States, as far as possible; (3)
have adequate resources to ensure their effective participation in the consultation process.
In 1996, the Commission adopted a consultation document2, with the objective of launching as wide as possible a debate in order to find ways to promote and strengthen European social dialogue.
Given the fact that the employees’ and employers’ organisations, at European level, were (and still are) in the process of restructuring and accepting new members, the European Commission, at
that time, launched a study on the representativeness of inter-professional and sector organisations in the European Union.



1   COM(93) 600 final of 14 December 1993, Communication from the Commission concerning the application of the Protocol on Social Policy.
2   COM(96) 448 final of 18 September 1996, Communication from the Commission on the development of social dialogue at Community level.

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In a new Communication published in 19983, the European Commission set out the means it intended to use to adapt and promote social dialogue at European level. On this occasion, it specifically
reasserted the three criteria, laid down in the Communication of 1993, for European organisations to be recognised as representative in terms of the consultation process under Article 3 of the
Agreement on Social Policy. The organisations must: (1) be related to specific sectors or categories and organised at European level; (2) consist of organisations which are themselves an integral
and recognised part of Member States’ social partner structures and with the capacity to negotiate agreements, and which are representative of several Member States; (3) have adequate
resources to ensure their effective participation in the consultation process.
Lastly, in 2002, the European Commission reasserted its commitment to reinforcing the European social dialogue in its Communication, The European social dialogue, a force for innovation and
change4. With respect to the three criteria set up by the Commission, as had been observed in previous studies5, the changes focus on the disappearance of demands relating to the inter-sector
nature of organisations and on the fact that they are established in all Member States; the new rules have not been formulated in a very restrictive manner, they only require employers’ and workers’
organisations to represent “several” Member States. This relaxation of the implementation condition might pose a demarcation problem in the sense that there is no criterion setting out a minimum
number of Member States to activate it.
Against this background, it is clear that one of the main issues at the moment, for the Commission, is the enlargement of the European Union and its impact on the process of social dialogue at
Community level. The development of social dialogue, therefore, formed part of the acquis communautaire: The Treaty requires that social dialogue be promoted and gives additional powers to the
social partners. The candidate countries are, therefore, invited to confirm that social dialogue is accorded the importance required and that the social partners are sufficiently developed in order to
discharge their responsibilities at EU and national level, and to indicate whether they are consulted on legislative drafts relating to the taking over of the employment and social policy acquis…
Therefore, the development not only of tripartite structures but also of autonomous, representative bipartite social dialogue is an important aspect for the future involvement of the candidates
countries' social partners in the social dialogue activities developed at European and national level6.
Indeed, enlargement of the European Union is a major issue from a quantitative and qualitative point of view: The quantitative leap is quite clear as soon as the number of partners rises. The
delegations taking part in social dialogue will be enlarged, and that, as we know, does not facilitate dialogue. However, the leap is also qualitative in that the new entrants present the industrial
relations systems they have inherited from their national histories. The role played by collective bargaining is vastly inferior to the traditions of which we are aware, for example, in Germany, Sweden
or Italy. In particular, social dialogue does not exist in all countries at a sector level7. By and large, most of the national situations are notable for strongly developed tripartism, but weakness at
central bipartite level, in social dialogue at sector level, and at the level of organisations, particularly employers’ associations. Enlargement will have consequences on social dialogue, both at inter-
sector and at sector levels. In particular, it will have consequences on the European organisations representing employees and employers and their institutional representativeness.
The European Commission has recently reaffirmed its concern for the enhancing of European social dialogue in the context of an enlarged Europe in August 20048: Enlargement will reinforce the
need for social dialogue and partnership. Enlargement created new opportunities for EU economies and enterprises, but major adjustments are still necessary, particularly in the economies of the


3   COM(98) 322 final of 20 May 1998, Communication from the Commission on adapting and promoting the social dialogue at Community level.
4   COM(2002) 341 final of 26 June 2002, Communication from the Commission: The European social dialogue, a force for innovation and change (summary).
5Spineux A., Walthery P. et al., Report on the representativeness of European social partners organisations, Report coordinated by the Institut des Sciences du Travail of the Université catholique de Louvain, for the
European Commission, Directorate General for Employment, Industrial Relations and Social Affairs, Louvain-la-Neuve, 1998.
6   Enlargement of the European Union. Guide to the negotiations. Chapter by chapter, European Commission, DG Enlargement, June 2003.
7   Léonard E., Spineux A., Les relations industrielles en Europe aujourd’hui, Institut des Sciences du Travail, UCL, 2003 (unpublished).
8   COM(2004) 557 final of 12 August 2004, Communication from the Commission: Partnership for change in an elnlarged Europe – Enhancing the contribution of European social dialogue.

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new Member States. Partnership will therefore be of particular importance to managing the impact of continuing restructuring in these countries. However, the enlargement of the EU also presents a
challenge for the European social dialogue. Social dialogue in the new Member States is characterised by the predominance of tripartism, relatively new social partner organisations, and under-
developed bipartite social dialogue at national and sector levels. The question of the technical capacity of the social partners is of importance in this context. Enlargement will also challenge the
technical capacity of the European social partners organisations. It will increase the variety of industrial relations traditions and simply larger negotiating delegations, which may make it harder to
reach agreement.
This study may be seen as a tool to help understand these quantitative and qualitative factors. It will also make it possible to understand the various systems of industrial relations in different
countries, and to introduce the actors involved in social dialogue in the road transport sector.



Research approach and comments on methodology
For the purposes of this study, a network of University researchers throughout the 13 countries taken into account was set up. These researchers are independent of both the European Commission
and employers’ and workers’ organisations. Each researcher was charged with drawing up a report based on a common template. A questionnaire tailored to the specific realities of the road
transport sector was elaborated to that effect (cf. annex). The IST took charge of coordinating the study and drawing up the summaries. The IST wishes to stress its independence with regard to the
political consequences and decisions which may be made on the basis of this study.
The research process, in its design, comprises a phase of collection of quantitative and qualitative data on the players and the social dialogue in which they participate, but also an active approach
embracing the building of a consensus, which is an integral part of the process of social dialogue itself. Thus, whereas in a good number of cases the data collected do not permit total objectification
of the role played by the organisations, the contacts made during the data collection and the discussions with the different players concerned should be an integral part of a process of mutual
recognition9. The main sources used within the framework of this study were thus the trade unions and employers’ organisations themselves.
As regards delimitation of the scope of the study, the main criteria defined a priori with a view to determining the organisations to be taken into account are their role in the negotiation processes in
the sector collective bargaining.
The interviews with the organisations and the drafting of the national reports took place during February-June 2004.



The national summary reports
The national summary reports presented in this report depict the situation in the 15 European Union Member States, under the following headings:
     -     For each country, delimitation of the range of activities included in the road transport sector
     -     Description of the general characteristics of the sector (employment, enterprises)



9 Reply to Call for Tenders VT/2002/83. Studies on the representativeness of the social partners at sectoral level in the European Union and monographs on the situation of the social partners in the candidate countries,
Institut des Sciences du Travail, UCL, 2002.

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-   Overview of the social dialogue at the sector level: structures, collective agreements, principal topics of negotiation, and players.
-   Description of the trade union organisations and of the employers’ organisations that operate in the social dialogue in the road transport sector: representativeness and recognition of the
    organisations; participation in collective bargaining; national, European and international affiliations.




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                                                                                                        BULGARIA

1. Description of the sector
Delimitation and activities of the sector
The National Statistical Institute (NSI) of Bulgaria uses the NACE classification.

Socio-economic features of the sector10
In Bulgaria, the road transport sector is fully privatized (99.5%); there are only 57 public companies out of 12,534. In general, the sector is clearly dominated by micro companies (95%).


Companies
Sub-sectors       Number of Companies        Companies without salaried    Companies with ‹10         Companies with 10         Companies with › than 100
                                             workers (%)                   salaried workers (%)       to100 salaried workers    salaried workers (%)
                                                                                                      (%)
Other                                1,263                            4*                           5*                      1.3*                         0.3*
scheduled
passenger land
transport
Taxis                                4,758                           29*                           9*                     0.3*                         0.01*
operations
Other land                             501                            2*                           1*                     0.2*                         0.03*
passenger
transport
Freight                              6,012                           26*                          19*                     2.7*                          0.1*
transport by
road
Total Sector                        12,534                            61                          34                       4.5                           0.5
SW: salaried workers
*These figures are calculated on the basis of the total number of companies in the sector (and not on the basis of the total number of companies in each sub-sector)
Source: National Statistical Institute (2002), national accounts data base.


10The data is mainly provided by the NSI, last updated in 2002. However, there is no data about the relative weight of the sector compared to the whole economy. The reason is that The NSI operates on the basis of
sample surveys and the data about smaller clusters (sub-sectors like road transport) may appear non-representative. This is why the NSI refused to provide such data.

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In terms of employment, the sector accounted for 2.44% of the total employment in Bulgaria (2002). 50% of workers in the sector are self-employed. A majority of salaried workers work as machine
operators, assemblers, and drivers of transport vehicles (in general, blue-collar workers and males prevail). The average wage in the sector is 76% of the country average and 50% of the best-paid
sectors11. However, differences can be observed by gender (males are better paid) and between public and private sector (wages in the private sector are only 55% of those in the public sector).
Workers
Sub-sectors               Number of    Number of     Number of SW/number         Number of SW in companies      Number of SW in companies Number of SW in companies
                          workers12    SW            of SW in the country (%)    ‹10 SW/number of SW in the     10-100 SW/number of SW in  ›100 SW/number of SW in the
                                                                                 sector (%)*                    the sector (%)*            sector (%)*
Sub-sector 1                  29,604        22,719                       1.17                             3.12                        9.40                       32.74
Sub-sector 2                  13,587         3,423                       0.17                               4.4                       1.77                        0.62
Sub-sector 3                   3,729         1,845                       0.09                             0.87                        1.61                        1.20
Sub-sector 4                  49,816        22,210                       1.15                            13.47                       18.73                       12.04
Total Sector13               113,425        50,197                        2.6                            21.86                       31.51                        46.6
Total Sector14                96,736        49,549
Source: National Statistical Institute (2002), national accounts data base and Labour Force Survey15
*These figures are calculated on the basis of the total number of salaried workers in the sector (and not on the basis of the total number of salaried workers in each sub-sector).
The underground economy in this sector comprises no less than 45% of the Bulgarian economy (mainly in the NACE group I60.2 because of the domination of small companies, which operate in an
environment of fragile state control)16. The type of competing strategy mainly adopted by firms in the sector is the cost strategy. Recent developments show that the sector has declined slightly
since 1999 (mainly in I60.24).

2. Industrial relations in the sector
Tripartite concertation
Tripartite concertation is organized by the MTC17, at the sector level (one Sectoral Council for Tripartite Cooperation (SCTC), covering all means of transportation) and at the sub-sector/branch level
(five Sub-Sectoral Councils (Sub-SCTC) with one for the Road Transport sector and one for public enterprises, which are financially supported by the MTC18). In the transport sector/road transport
branch, tripartite concertation is a normal practice19.


11   Source: Living Standards Journal. , CITUB. 3/2002, p. 30-32 and the National Statistical Institute.
12   Number of workers in this column corresponds to the total of 'version 2'.
13   Version I: national accounts data base. For the calculations in this table (%)these basic figures are used (version 1).
14   Version II: labour force survey data base.
15   The National Statistical Institute operates with two different data base sources: the National accounts and the Labour Force Survey. Therefore, the data from these two sources do not always correspond.
16   Estimates of most experts.
17   The Ministry of Transport and Communications

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In Bulgaria, every SCTC and Sub-SCTC includes two representatives from the corresponding Ministry (in this case – the MTC) or another state institution responsible for the sector or the branch;
two representatives from every trade union sector/branch federation and two representatives from each employers' organisation. In the SCTC, the parties are the UTWSB and the Federation of
Transport Workers “Podkrepa” as Trade Unions; the Chamber of National Transport and the Bulgarian Autotransport Union as employers associations. In the Sub-SCTCs, the employers’
organisations are the Chamber of National Transport and the Bulgarian Autotransport Union; the Trade Unions’ parties are the Federation of Transport Workers “Podkrepa” (which participates in all
of the five Sub-SCTCs), the Syndicate of Autotransport Workers in Bulgaria (for the relevant sub-SCTC20) and UTWSB (which participates in the Sub-SCTC in the public enterprises maintained by
the MTC21). The only criteria for representativeness in the tripartite concertation both for workers’ and employers' organisations is their membership in nationally representative trade union
confederations or employers’ associations22. There are grounds to suppose that some new sub-sector (branch) employers’ organisations will apply for participation in sub-SCTC in the future. Among
them, the Branch Chamber of Taxi Carters and Drivers23, which is the only one related to road transport. It is a member of the nationally representative employers’ organisation (the UPEE) and
therefore fulfils the representativeness criteria.

Bipartite social dialogue
Collective bargaining takes place at the sector, branch and enterprise levels but a Collective Agreement (CA) is concluded at the sector level, i.e. the CA covers all means of transportation. This CA
is obligatory for all the companies, which are (1) members of the employers' organisations that are signatory parties of the sector CA and (2) which have trade union organisations, members of
CITUB or “Podkrepa”. That means that the negotiated conditions define the minimum parameters on which the companies can rely on for establishing better conditions (if possible). Both the sector
and enterprise levels have been functioning relatively successfully up to now. Yet, the enterprise level is more developed thanks to public companies, which appear to be very important for collective
bargaining in this sector. More than 50% of salaried workers (SW), covered by company CAs, work in such public companies. As regards the promotion of the bipartite social dialogue at the sector
level, the state has been supporting it since 1993 (and much more since 1997) mainly by training representatives of the social partners.
The main obstacles to the development of bipartite social dialogue at the sector level are the following: A specific feature of the sector is that there are many branch employers' associations, which
focus their activities on the “pure business problems”24 and prefer to avoid social dialogue25. It means that the neo-liberal trend to deregulation will be articulated in the sector in a more aggressive




18   The others are for Railroad Transport, Water (Sea and River) Transport and Airway Transport.
19   By contrast, in many other sectors, the tripartite concertation at sectoral and branch level appears to be an exception.
20   Trade Union of the Railwaymen in Bulgaria and Sailors (Seamen) Trade Union participate in Sub-SCTCs for relevant sub-sectors.
21   And in the Sub-SCTC in the Airway Transport.
22 That means that trade unions and employers' associations - members of non-representative organisations, cannot participate in the sectoral/ sub-sectoral bargaining and cannot be parties to sectoral/branch collective
contracts. The official recognition of employer and union organizations relies on a legal base and there are strict requirements added in the renewed Labour Code in 1993. The relevant articles in the Labour Code are
also extended by an Ordinance for the Procedure proving the availability of the criteria for representativeness of employees and employers organizations, issued 17.02.1998. For example, in order to achieve recognition
at the national level, a trade union must prove more than 50,000 members, at least 50 organizations in more than half of industries and regions, it must have established local bodies (union structures) in more than half
of the municipalities of the country, as well as a national governing body. Employers organizations must prove more than 500 members (each one having at least 20 employees), and organizational structures in more
than one fifth of industries, as well as local bodies in more than one fifth of the municipalities of the country, and a national governing body.
23   The Branch Chamber of Taxi Carters and Drivers is the only specialised sub-sectoral (branch) association of employers (and self-employed to some extent) in the taxi business in Bulgaria.
24   They operate more like 'pure' business associations than like employers' structures.

                                                                                                                                                                                                                        18
way in the future (EABG just became a representative, in April 2004). As a consequence, the existing 'older' branch chambers and employers' unions are also pressed to become less co-operative
with the trade unions. That is why we can predict (1) a strong employers' pressure to shift the bipartite social dialogue from the sector to the enterprise level, and (2) a trend to less cooperative
dialogue at the sector level. Additionally, employers are more inclined to take part in the sector tripartite council, than in the sector collective bargaining because the Council gives them scope for
lobbying in many business directions, while the CA brings them predominantly harder obligations and responsibilities.
As regards the recognition of representativeness of the social partners at the sector and branch levels, it depends only on the membership in an employers or workers’ organisation, which is
representative at the national level. At the enterprise level, all trade union organisations can negotiate with the employer in the bargaining process.
At sector level
Social partners can conclude only one sector or branch collective contract covering the relevant sector/branch. The collective contract, which covers the entire transport sector, is officially called the
“Sectoral Collective Labour Contract”. Road transport is a part of it as a sub-sector. However, they can conclude many other agreements and memorandums, whether they are related or not to the
contents of the main sector/branch collective contract26.
In the Road Transport sector, the players are the UTWSB, Federation of Transport Workers “Podkrepa”, Syndicate of Autotransport workers in Bulgaria as sector trade unions; The Chamber of
National Transport and the Bulgarian Autotransport Union as employers’ associations. These actors have sufficient authority to negotiate and sign collective labour contracts (agreements) at the
sector level and they traditionally sign the Sectoral CA. At this level, there are no conflicts regarding recognition issues. The employers are obliged to participate at the collective bargaining level but
there are no legal obligations to sign the collective contract.
In the period 1998 – 2004, three Sectoral CAs were signed – in 1998, in 2002 and in 2004. The most recent Sectoral CA was signed in March 2004 and is valid for a period of two years. Usually, the
Sectoral CA is signed by the UTWSB and the Federation of Transport Workers “Podkrepa” as Trade unions; the Chamber of National Transport and the Bulgarian Autotransport Union as
Employers’ associations. Three sub-sector trade unions – members of the CITUB and of the UTWSB have also signed the agreement27. However, the Bulgarian Autotransport Union (employers) did
not sign this recent CA because of some technical and procedural internal problems. This contract focuses on labour relations in the sector, salaries and wages, employment, social assistance,
social insurance relations, health and safety labour conditions, social partnership, the mechanisms and practices for compensation of inflation and many other kinds of labour and social relations.
The next Sectoral CA is going to be signed in 2006. We do not see any signs for significant changes in the number and content of the CA. In a short-term perspective, we predict routine
development of the bipartite social dialogue. The coverage rate of the Sectoral CA in comparison with the total number of enterprises is very low - about 4%. The coverage rate compared with the
total number of employees is about 16%. This figure is near to the country average and is considered relatively high in the Bulgarian context. The salaried workers covered are predominantly blue-
collar workers.




25One of them, the National Branch Chamber of Employers in Transport - member of the EABG (the latter is nationally representative) and its representative sub-sectoral (branch) organisation – the National Branch
Chamber of Employers in Transport, share a common view that collective bargaining must shift from the sectoral / branch level to the enterprise level. Such an attitude guarantees the growth of their membership
because most private owners share the same values.
26 There are two words in Bulgaria used in the field of industrial relations. The first one corresponds to agreement, which in the Bulgarian context is considered to have a more general sense (sometimes it is called
framework contract/agreement). The second one, labour contract, is more concrete and implies more binding power in a legal sense. As a result, the social partners are more inclined to violate agreements and
memorandums than labour contracts.
27   The Syndicate of autotransport workers in Bulgaria, Trade Union of the Railwaymen in Bulgaria and Sailors (Seamen) Trade Union.

                                                                                                                                                                                                                    19
The Labour Code gives the Minister of Labour and Social Policy the right to extend the CA to parties that are not signatories to the agreement if the representative organisations of social partners in
the sector/branch send a common request for extension to the Minister28. However, there is no single case of an “extension” of a sector/branch CA despite the fact that the Legislation allows it. One
of the arguments usually used is that the companies in the sector differ significantly from each other in terms of economic results. The other argument (of the Minister of labour and social policy) is
lack of signed National agreement on content and procedural framework of sector collective agreements. This is a rather formal argument but it is a fact that the social partners at national level have
not achieved consensus on this National agreement for more than 3 years. This way the Minister explains the passivity of the Ministry in this direction by some internal problems among these social
partners.
At enterprise level
At the enterprise level, all the legal trade unions can negotiate with the employer, no matter whether they are nationally representative or not. Yet, the dominant players are the same as at the
sector/branch level – the sections of federations of the nationally representative trade union confederations. There is some hostility between the sections of nationally recognized unions and the
sections of other trade unions, which are not nationally representative. In some cases, the trade union sections of the nationally representative unions use various techniques to eliminate the “small
trade unions” from collective bargaining.
For a better understanding, we will divide the companies into 2 groups: (1) For companies that are members of the two employers' organisations, 54 company CAs were in force in the road
transport sector in July 2004. These 54 companies are their members. It means that less than 10% of member companies had signed company collective contracts. (2) For companies that are not
members of the two employers' organisations, it is unknown how many companies have signed CAs29. These non-member companies are probably public companies, usually operating at the
municipal level. Therefore, there are at least 54 CAs, but obviously, there may be more. Company collective contracts usually include the following items: employment, vocational training; working
hours, vacations, etc.; salaries, wages and other payments; health and safety at work; social insurance; voluntary arrangement of collective labour conflicts; procedure for joining the collective
contract. As regards the term of the contract, it must be stated in the contract, but it cannot be shorter than 1 year or longer than 2 years. The coverage rate of the CA compared with the total
number of companies is at least 4%30. The lack of tradition in Bulgaria to collect, proceed and update such data is an obstacle to any estimates. Nevertheless, we think that the coverage rate is not
more than 10%. Among these companies, SMEs certainly prevail, but there are also some big public municipal companies. In comparison with the total number of employees, the coverage rate at
the enterprise level is about 22%. Again, this is close to the country average and can be considered as relatively high. These SW are mainly blue collars.
Collective contracts at the enterprise level cannot be extended to parties that are not signatories to the agreement (in contrast to branch and sector CAs). There is, however, a clear legal procedure
for workers (unionised or non-unionised) to join a company CA in a personal capacity. The non-unionised workers can join the collective contract, but they may be asked to pay “solidarity fees”.




28   This may happen if the CA is signed by all the representative organisations of social partners in the sector/branch.
29 NSI does not collect information about collective bargaining matters - coverage of agreements, number of collective agreements etc. Unfortunately, there is no tradition of keeping such records at all in the country. As
a rule, even the social partners in the relevant sectors have no idea about the quantitative dimensions of the social dialogue.
30   Figures for July 2004 and based on the reports of the two employers' organisations in the sector.




                                                                                                                                                                                                                          20
3. Organisations active in the sector
Workers’ organisations31
The organisations eligible at the sector level are only those that are members of central trade union organisations, recognised as representative at national level. In this way, only three federations
are involved in the road transport sector: the UTWSB and Union of auto transport workers in Bulgaria (a member of UTWSB as well), which are both members of CITUB32 and the Federation of
Transport Workers 'Podkrepa', which is a member of Podkrepa CL.
Union of transport workers' syndicates in Bulgaria (UTWSB) is a non-profit organisation, which was created in 1911. It covers all the activities of NACE I60.1, I60.2, I61, I62, and F45.23 as well as
transport hospitals. It is funded by membership fees. UTWSB represents 6,093 workers in the sector (349 of them are staff/white collar workers and 5,744 are manual/blue collar workers). The
organisation takes part in consultations directly at the sector, branch (i.e. sub-sector) and municipal levels, and indirectly at the enterprise level via company sections. It also negotiates and signs
inter-sector, sector, branch and municipal collective agreements. In total, it has signed 65 agreements (3 at the sector level; 2 at the branch level; 6 at the municipal level and 54 at other levels). At
the tripartite level, it signed 5 agreements in 2002-2003.
The Union of auto transport workers in Bulgaria is a non-profit organisation, which was created in 1989. It covers all the activities of NACE I60.2 and F45.23. It is funded by members’ fees. Among
its 3,300 workers in the sector, 400 are staff/white collar workers and 2,900 are manual/blue-collar workers. The organisation takes part in consultations directly at the sector, branch (i.e. sub-sector)
and municipal levels, and indirectly at the enterprise level via company sections. It also negotiates and signs collective agreements at the sector and branch levels. In total, it has signed 2 collective
agreements (all at the sector level). The organisation also takes part in tripartite concertation and signed 2 agreements at this level in 2002-2003.
Federation of Transport Workers 'Podkrepa' is a non-profit organisation, which was created in 1990. It covers all the activities of NACE I60, I61, I62 and F45.23 as well as transport hospitals. It is
funded by members’ fees. Among all its members (6171), 500 are managers, 1,000 are staff/white collar workers and 4671 are manual/blue collar workers. 4,100 of its members work in the sector.
The organisation takes part in consultations directly at the sector, branch (i.e. sub-sector) and municipal levels, and indirectly at the enterprise level via company sections. It also negotiates and
signs collective agreements at the inter-sector, sector, branch and municipal levels. In total, it has signed 9 collective agreements (3 at the sector level, 5 at the branch level and 1 at the municipal
level). The organisation also takes part in tripartite concertation and signed 1 agreement at this level in 2002-2003.




31The only source for quantitative data about the organisations is the internal statistics of the very sectoral organisations. Yet, the data is reliable enough since trade unions were just checked by the Ministry of Labour
and Social Policy in the course of counting procedure started in October 2003.

32   The fact that CITUB has two identical federations is not typical for Bulgarian social dialogue. Usually, each trade union confederation has only one federation covering certain economic activities. It happens because of
internal differentiation of CITUB's structure in the transport sector. The Syndicate of autotransport workers in Bulgaria is an autonomous subdivision of the Union of transport workers' syndicates in Bulgaria (UTWSB).
The UTWSB, which is a member of CITUB, is not a confederation of the type of CITUB, but to the extent to which it consists of many autonomous syndicates (from which The Syndicate of Autotransport workers), it
seems to be something like 'confederation'.


                                                                                                                                                                                                                             21
Employers’ organisations
Only employers’ associations, which are members of the five “umbrella” employers’ organisations: BIA, BCCI, UPEE, BUPE “Vuzrazhdane” and EABG are able to act in the Road transport sector.
Yet, not all of them have structures in the sector and in fact, there are only two employers’ chambers, which play a role in the social dialogue. Up to now, the only signatory parties in the sector have
been The Chamber of National Transport and Bulgarian Autotransport Union. Both are members of The BIA.
The Chamber of National Transport is a non-profit organisation, which was created in 1990. It is funded by membership fees, services and economic activities allowed by the Law. The organisation
takes part in consultations in all levels and signed 5 collective agreements in 2002-2003 (2 at the sector level, 2 at the branch level and 1 at the municipal level). The organisation also takes part in
tripartite concertation and has signed 2 collective agreements at this level.
Bulgarian Autotransport Union is a non-profit organisation, which was created in 1994. It is funded by membership fees and services. The organisation unites 6 municipal firms, 66 private firms, and
72 SMEs. The organisation takes part in consultations at all levels and signed 6 collective agreements in 2002-2003 (2 at the sector level, 2 at the branch level and 2 at the municipal level). The
organisation also takes part in tripartite concertation and has signed 2 collective agreements at this level.




                                                                                                                                                                                                       22
Employers’ organisations
Organisation                        Sub-sectors     Companies        SW in I60.2 Density        Density        T              CB          National affiliations            European affiliations        International affiliations
                                    covered                                      Companies      SW
Original name      English name                     number           number      %              %              yes/no         yes/no      Direct    Indirect33             Direct          Indirect     Direct          Indirect
Nazionalna         The Chamber of   I60.2,          >50034           >3,000      4              6              Yes            Yes         BIA       Association of         No              No           No              IRU
transportna        National         I61,            Most of them     Most of                                                                        Bulgarian
kamara             Transport        I62             in I60.24        them in                                                                        Enterprises for
                                                                     I60.24                                                                         International
                                                                                                                                                    Transportation
                                                                                                                                                    and Roads
Bulgarski       Bulgarian           I60.22, I60.23, 7235 most of     4,032      1               8              Yes            Yes            BIA    No                     No              No           No              No
avtotransporten Autotransport       I60.24          them in I60.21
sayz            Union
Source: The organisation it self, but the figures are reliable since they were checked by the government at the end of 2003 and were officially announced in April 2004
SW: salaried workers
Density of companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?



Trade Unions
Organisation                        Type of SW        Members          Members working   Density      T              CB             National affiliations             European affiliations           International affiliations
                                                                       in the sector
Original name      English name     Type              Number           Number            %            yes/no         yes/no         Direct          Indirect          Direct          Indirect        Direct           Indirect
UTWSB -            Union of         blue collar       16,55136         6,093             12.5         Yes            Yes            CITUB           No                ETF             No              ITF              No
Sayuz na           Transport
transportnite      Workers'
syndicati v        Syndicates in
Bulgaria           Bulgaria
Syndikat na        Syndicate of     blue collar       3,30037          3,300             7            Yes            Yes            UTWSB           CITUB             No              No              No               No
avtotransportnit   Autotransport


33   Associated member
34   The present data is based on records of chamber for paid membership fee 2004.
35   The present data is based on records of chamber for paid membership fee 2004.
36The given data is derived from the organisational membership records, confirmed officially by The Ministry of Labour and Social Policy in the end of 2003 in the course of recent regular counting of social partners in
Bulgaria)

                                                                                                                                                                                                                                     23
e rabotnizi v   Workers in
Bulgaria        Bulgaria
Federatzia      Federation of    blue collars      6,17138        4,100               8          Yes        Yes        CL Podkrepa    No             ETF            No             FIOST      No
Transportni     Transport
rabotnizi       Workers
'Podkrepa'      'Podkrepa'
Source: the workers' organisations itself, but the figures are reliable since they were checked by the government at the end of 2003 and were officially announced in April 2004
SW: salaried workers
Density: number salaried workers affiliated to the organisation / number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




37The given data is derived from internal accounts as of April 2004, based on the organisational membership records and confirmed officially by The Ministry of Labour and Social Policy in the course of recent regular
counting of social partners in Bulgaria.
38The given data is derived from internal accounts as of April 2004, based on the organisational membership records and confirmed officially by The Ministry of Labour and Social Policy in the course of recent regular
counting of social partners in Bulgaria.

                                                                                                                                                                                                                     24
                                                                                              CYPRUS39
1. Description of the sector
Delimitation and activities of the sector
In Cyprus, the activities covered by Road Transport correspond to NACE Group 60.2 Other land transport (60.21, 60.22, 60.23, and 60.24 - NACE Rev. I).

Socio-economic features of the sector
Road Transport is one of the smaller sectors of the economy in Cyprus. In 2002, its annual contribution to GDP at current market prices was 0.8%, gross fixed capital formation 0.4% and 1.5% of
the gainfully employed population.
Freight transport is the most important sector with 56% of the enterprises and 45% of total employment in the sector. The sector is characterised by the small size of the economic units.
Approximately 85.9% of establishments employ 1 person or less. In 2001, 86.3% of the enterprises in 2000 were privately owned, 10.7% were limited companies, 1.2% partnerships, 1.6% joint
ventures and 0.2% other. There are no government enterprises.
No accurate figures on the black market economy in road transport are available but official estimates put it in the order of 3% and this is attributed mainly to under reporting by firms.
In 2001, the occupational structure of the labour force in road transport was: 92% drivers, 5% clerical and related workers, 1% managerial, and 2% in other occupations. Women accounted for 3%
of full-time employment in the sector. The educational level of the labour force was: 38% completed secondary school (6 years), 17% lower secondary school (3 years secondary), 35% primary
school, 4% post-secondary, 2% university, and 4% had education below full primary level.
The major problems relating to road transport that exist in Cyprus are: the spare capacity (mainly on rural buses), traffic congestion and air pollution in the towns especially during peak periods,
limited use of public passenger transport which also has a declining demand, inadequate rural transport services, and the increasing number of accidents with high costs to the economy. The
Government’s objectives are: inter-alia, harmonisation with the EU’s Common Transport Policy; technological upgrading; restructuring and rationalization of road transport; increased
competitiveness; improvement of road safety; and environmental protection.
Developments in road transport are largely affected by general economic developments in the country. Despite the increases in tourism and trade, which have had positive effects on road transport
during the last decade, the economic indicators in the sector showed marginal increases, mainly due to the declining trend in passenger transport in Cyprus, attributed to the wide use of private
cars. The average annual rate of real growth in the sector dropped from 5% in the period 1990-95, to 3.7% in 1996-2000 and 2.7% in 2001-2003.




39The data refer to road transport activities in the Government controlled areas, excluding the areas under Turkish control, since July 1974. The sources of data are censuses, and annual sample surveys of The
Statistical Service of Cyprus monthly returns of the Department of Road Transport .



                                                                                                                                                                                                             25
Establishments (2000 – source: Census of Establishments)
Sub-sectors              Number of                Establishments       Establishments       Establishments
                         establishments           with one (or less)   with 2 to 99         with > than 99
                                                  working persons      working persons      working persons
Other scheduled              324 (9.5%)                   221                   102                   1
passenger land
transport (60.21)
Taxi operation               964 (28.1%)                  865                  99                   0
(60.22)
Other land                   209 (6.1%)                   151                  58                   0
passenger transport
(60.23)
Freight transport by        1,931 (56.3%)                1,707                224                   0
road (60.24)
Total Sector                3,428 (100%)             2,944 (85.9%)         483 (14%)             1 (0.1%)

Workers (2000 – source: Census of Establishments)
Sub-sectors            Number of          Number       Number of       % workers in      % of workers    % of workers    % of workers in
                       workers            of SW        SW/number       establishments    in              in              companies with
                                                       of SW in the    with one (or      establishment   establishment   > than 50
                                                       country (%)     less) worker      s with 2 to 9   s with 10 to    workers
                                                                                         workers         49 workers
Other scheduled             992             679          0.3               19.3%              29.9           27.0%           23.8%
passenger land
transport (60.21)
Taxi operation              1541            361          0.2               44.3%            22.5%           25.4%             7.8%
(60.22)
Other land                  442             259          0.1               30.3%            39.6%           30.1%              0%
passenger
transport (60.23)
Freight transport                           723          0.3               58.4%            26.7%           12.4%             2.5%
by road (60.24)             2433
Total Sector                5408          2,022          0.9               44.9%            27.2%           20.2%             7.7%



2. Industrial relations in the sector
Tripartite concertation
There are two types of tripartite concertation in the road transport sector. One deals with labour disputes and the other with administrative and regulatory disputes. There is a signed agreement for
every case. The tripartite social concertation procedures apply to all the regional sector levels. There are no informal procedures for tripartite concertation.


                                                                                                                                                                                                   26
In the case of labour disputes, the main actors in this concertation are the Ministry of Labour and Social Insurance, and the two main Trade Unions of the employees and the enterprises concerned.
In the case of administrative and regulatory disputes the main actors are the Ministry of Communications and Works (especially the Department of Road Transport) and the professional
associations of motorists, namely the Confederation of Professional Motorists of Cyprus (SEAK), the Pancyprian Professional Motorists Union (PEEA) and the 5 associations on road transport
belonging to the Cyprus Federation of Small-scale Industry, Craftsmen and Shopkeepers (POVEK).
As regards labour tripartite concertation, the policy of the Ministry of Labour and Social Insurance is centred on the development and preservation of sound industrial relations and the maintenance
of industrial peace. This policy is pursued by safeguarding the freedom of association and the encouragement of free collective bargaining, the provision of assistance for the prevention and
settlement of labour disputes, for the benefit of the two parties, within the interests of the general public as a whole and the protection of vulnerable groups of workers. There are no matters specific
to tripartite dialogue. The issues addressed in tripartite concertation are those which have repercussions on the economy in general and those that cannot be resolved in a bipartite dialogue.



Bipartite social dialogue
The structure of collective bargaining in Cyprus for the road transport sector is mostly based on the enterprise level40. However, according to the Industrial Relations Code operating in Cyprus, there
is an obligation to participate in collective bargaining at the sector level. If the issue concerned is not resolved at the enterprise level, it is taken for discussion to other levels (supra-enterprise and
sector levels). Bipartite social dialogue at the sector level is possible, but many times the issues to be resolved bear a national context and a tripartite social dialogue may be necessary. If no
agreement is reached at the enterprise level or sector level, then the issues are referred to tripartite concertation under the chairmanship of the Ministry of Labour and Social Insurance. The
signatory parties are the owners or representatives of the enterprises and the trade unions41.
Approximately 25 collective agreements have been signed in the road sector. These usually last for two years and cover wages, working time, working conditions, collective issues, cost-of-living and
other allowances, and other employment conditions. The trade unions supervise the implementation of the collective agreement. The coverage of collective agreements in the road transport sector
is about 55% for employees and 10% for enterprises. It may be noted that 86.2% of enterprises in the sector employ 1 person or less (i.e. they are self–employed). The number of unionized
employees covered by the collective agreements in the road sector is estimated at 1,100. The agreements have island-wide coverage. There are no formal ways of extending collective agreements
to parties that are not signatories, but usually employers adopt the agreements otherwise employees may leave for better employers.
The positions of the social partners, with regard to future developments in the social dialogue in the road sector and the economy in general, are positive and they believe in negotiations in a spirit of
good faith and mutual understanding, in the context of the industrial relations principles and practices prevailing in the country. Issues such as, the indexation of wages in line with inflation, workers
participation in decision making in the enterprise, and the legal binding of collective agreements seem to be the most important ones that need to be resolved. The adoption by Cyprus of the
European acquis communautaire in labour relations (especially within the Social Policy Agreement of 1992) is not expected to require radical changes in its traditional collective bargaining system.




40 Although collective agreements in Cyprus are not legally binding, direct negotiations take place first and then mediation if there are disputes (with the right to resort to industrial action such as a strike or a lockout, by
giving 10-days notice) and arbitration, which is binding, in the event of disputes concerning rights.
41   There are formal reciprocal recognition systems on the part of social partners. The bipartite representatives will not negotiate unless they are recognized by both sides.

                                                                                                                                                                                                                                27
3. Organisations active in the sector
Employers’ organisations
The SEAK (Synomospondia Epangelmation Aftokinitiston Kyprou - Confederation of Professional Motorists of Cyprus) was established and registered as a non-profit company in 1986 with the
Registrar of Companies. It succeeded the Cyprus Union of Professional Motorists (KEEA), which was established in 1967. Its main aim is the safeguarding and promoting of the interests of
professional motorists and related activities, in the field of public transport (taxis, buses, and lorries). Its funding comes from annual membership subscriptions and from a Government contribution
for the co-ordination of regional transport companies. It employs 7 people (3 full-time and 4 part-time). It has an active membership of 900 enterprises (consisting of 50 buses, 200 taxis, and 800
lorries), mostly self-employed people and only 5% are enterprises with 5 or more employees.
The PEEA (Pankypria Enosi Epangelmation Aftokinitiston - Pancyprian Professional Motorists Union) was established and registered as a non-profit association with the Ministry of Interior in 1995
in order to promote the interests of professional motorists. It succeeded a similar organisation, which was registered in 1953 as a trade union with the Registrar of Trade Unions. The new
Association has extended scope and activities. Its funding comes from membership subscriptions. It employs 6 people (1 full-time and 5 part-time). It has a membership of about 850 enterprises,
mostly self-employed (owning 700 buses, 300 taxis, and 1,000 lorries). It negotiates and signs agreements at the sector, supra-enterprise, and enterprise levels for professional matters (but not
labour issues). During 2002 and 2003, it signed 2 agreements with Government for the transportation of pensioners, soldiers, and students.
The TDA (Syndesmos Diethnon Metaforon - Transport Development Association) was established in 1976, and registered as non-profit company with the Register of Companies. Its main function is
the enforcement of international transportation regulations. It has a membership of 52 enterprises with 108 trucks. Its funding is from membership subscriptions. It employs 3 people (1 full-time and
2 part-time).
The POVEK (Pankypria Synomospondia Viotehnon, Epangelmation ke Katastimatarhon- Cyprus Federation of Small-scale Industry, Craftsmen and Shopkeepers). There are 5 associations for road
transport that belong to POVEK. These are: Pankyprios Syndesmos Leoforiouhon, (Pancyprian Asscociation of Busowners), Pankypria Omospondia Astikon Taxi (POAT)( Pancyprian Federation of
Urban Taxis), Pankyprios Syndesmos Metaforeon “A” (Trailers)( Pancyprian Association of Public Use Vehicles for Goods Conveyance (Trailers)), Pankyprios Synthesmos Metaforeon “A”
(Ammohalikon) (Pancyprian Association of Public Use Vehicles for Goods Conveyance (Sand and Gravel)), Pankyprios Synthesmos Metaforeon “A “ (Heavy Vehicles) (Pancyprian Association of
Public Use Vehicles for Goods Conveyance (Heavy Vehicles)). These were created and registered in 1990 with the Registrar of Trade Unions. These associations have in total, a membership of
1,400 enterprises mostly of self employed persons and small businesses ( owning 700 buses, 600 taxis, 980 trailers, 450 sand gravel vehicles and 200 heavy vehicles).Their funds come mainly
from subscriptions from their members. They employ 6 people on a full-time basis. They negotiate and sign national agreements at sector level. During 2002 and 2003, they signed 1 national
agreement with the trade unions, on labour matters, for the enterprises they represent. They can take part in tripartite concertation but so far, no such action was deemed necessary.

Workers’ organisations
The SEGDAMELIN PEO (Syntehnia Ergatoepallilon georgias, dason, Metaforon Limenergaton, Naftergaton ke synafonon epagelmaton Kyprou - Cyprus Agricultural, Forestry, Transport, Port,
Seamen and Allied Occupations Trade Union) was first established and registered as a trade union with the Registrar of Trade Unions in 1947. In 1996, it took its current name. It has a membership
of 8,300 people of which 500 are in road transport and the remaining in agriculture, transport, port workers, seamen, beverages and petroleum. Its funding comes from subscriptions, which amount
to 1% of its members’ gross earnings and 0.5% of their welfare benefits. It has a full-time staff of 11 people. It holds elections every 4 years at its General Congress. It participates in consultations at
the sector, supra-enterprise and the enterprise levels. It can negotiate and sign collective agreements at all levels. In the road transport sector, the collective agreements are at the enterprise level.



                                                                                                                                                                                                          28
During 2002 and 2003, it signed 3 collective agreements in the sector. It takes part in tripartite concentration and so far it has signed 20 agreements in this framework, covering all branches of its
activities and 5 in the transport sector.
The OMEPEYE SEK (Omospondia Metaforon Petreleoedon ke Georgias - Federation of Transport, Petroleum and Agricultural Workers of Cyprus) was created and registered in 1963 as a Trade
Union with the Ministry of Labour and Social Insurance. Its members are employees in transport, petroleum and agriculture. Its funds come mainly from membership subscriptions, amounting to 1%
of their gross earnings and 0.5% of their welfare benefits. It has a full-time staff of 7 people. Its membership is about 6,000 people (of which about 5,000 are blue-collar workers, 800 white-collar
employees, and 200 managerial and supervisory staff). Of these employees, 500 are in road transport and 4,000 in other transport. The union holds elections every 4 years at its General Congress.
It takes part in consultations at the sector, higher than enterprise (Ministry and House of Representatives) and enterprise levels. It can negotiate and sign collective agreements at all levels.
However, in the transport sector the collective agreements are confined to the enterprise level. In 2002 and 2003, it signed 3 agreements in the sector. It also participates in tripartite concertation
and so far it has signed 5 collective agreements in this framework, in all its branches of activities.




                                                                                                                                                                                                     29
Employers’ organisations (2002 – source: Survey of the respective organisations and estimates based on secondary data)
Organisation                     Sub-sectors     Companies      SW           Density   Density            T             CB             National affiliations           European affiliations        International affiliations
                                 covered                                     Companies SW
Original name   English name                     number         number       %         %                  yes/no        yes/no         Direct          Indirect        Direct          Indirect     Direct          Indirect
SEAK -         Confederation Buses, Taxis            900             900         26             35            Yes            No             No              No              No               No            No            No
Synomospon of Professional Public goods
dia             Motorists of vehicles
Epangelmatio      Cyprus
n
Aftokinitiston
Kyprou

PEAA -           Pancyprian      Buses, Taxis         850            600         25             23            Yes         No                No              No              No               No            No            No
Pankypria       Professional     Public goods
Enosi             Motorists      vehicles
Epangelmatio       Union
n
Aftokinitiston
TDA -          Transport         Goods                52             170       100 (in      100 (in           Yes         Yes               No              No              No               No            IRU           No
Syndesmos      Development       Conveyance                                   this sub-    this sub-
Diethnon       Association       vehicles for                                  sector)      sector)
Metaforon                        International
                                 Road
                                 Transport
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




Trade Unions (2002 – source: Survey of the respective organisations and estimates based on secondary data)
Organisation                     Type of SW        Members        Members working     Density    T             CB             National affiliations               European affiliations           International affiliations
                                                                  in the sector
Original name   English name     Type              Number         Number              %          yes/no        yes/no         Direct             Indirect         Direct          Indirect        Direct           Indirect
SEGDAMELI       Cyprus           Agricultural,      8,300         500                 25         Yes           Yes            PEO                No               No              No              IDC, ITF         No
N PEO -         Agricultural,    Forestry,

                                                                                                                                                                                                                                 30
Syntehnia        Forestry,        Transport, Port
Ergatoepallilo   Transport,       workers,
n georgias,      Port, Seamen     Seamen,
dason,           and Allied       Beverages,
Metaforon        Occupations      Petroleum and
Limenergaton     Trade Union      related
, Naftergaton                     workers
ke synafonon
epagelmaton
Kyprou
OMEPEYE -        Federation of    Transport,        6,000           4,500              25          Yes          Yes   SEK   No   ETF, EFFAT No   ITF, IUF   No
SEK              Transport,       Petroleum,
Omospondia       Petroleum        Agricultural
Metaforon        and              workers
Petreleoedon     Agricultural
ke Georgias      Workers - SEK



SW: salaried workers
Density: number of salaried workers affiliated to the organisation / number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




                                                                                                                                                                 31
                                                                                                CZECH REPUBLIC

1. Description of the sector
Delimitation and activities of the sector
In the context of collective bargaining, the “Transport” sector corresponds to the NACE classification (group 60.2: “Other road transport”).

Socio-economic features of the sector42
In terms of the size of the workforce, the “Other road transport” sector is a small sector, even though transport as a whole (including communications) is roughly the third largest sector workforce in
the national economy. In 2002, gross added value in group 60.2 was 2.8% of total gross added value at current prices.43
Units in the “Transport” sector account for approximately 2% of the total number of registered business entities. 93.8% of these are small traders – self-employed persons who either are sole traders
or have a minimal workforce44. The sector is clearly dominated by men (87.8%) with secondary education without matriculation. 66.1% of employees works as “machine and plant operators”. About
93% of work contracts in the sector are concluded for an indefinite term and almost all workers (98.7%) are full-time employees (40 hours a week).45
Companies (2003 31.12)
Sub-sectors          Number of companies         Companies without salaried   Companies with < 10        Companies with 10 to      Companies with > than 100
                                                 workers (%)                  salaried workers           100 salaried workers      workers
Total Sector                    59,381                       63.7                       16.1                        2.8                       0.2
The number of salaried workers is not stated by 17.2% of the companies.


Workers
Sub-sectors          Salaried            Other workers   % of salaried        % of workers in            % of workers companies    % of workers in companies
                     workers                             workers*             companies with < 10        with 10 to 100 salaried   with > than 100 workers
                                                                              salaried workers           workers
Total Sector             76,064             No data              1.946                 No data                    No data                     No data



42   The figure for 2003 is a preliminary figure from quarterly research and only covers business entities with 20 or more employees. Total figures for business are not available for 2003.
43   Source: Commissioned Czech Statistical Office calculations, RILSA calculations.
44   Source: Register of Economic Entities, Czech Statistical Office 2003.
45   Source: Labour Force Survey, Czech Statistical Office 2003.
46   The total number of employees in Czech Republic, average registered number of people, 2003: 4,044,639 employees.

                                                                                                                                                                                                     32
* Total number of salaried workers in the sector divided by the total number of salaried workers in the country
In 2003, the average monthly wage in the sector was EUR 510,247. This was below the national average wage (EUR 549.1). The grey economy can be expected to exist in this sector. The scale of it
is not known.
Privatisation took place very quickly in the transport sector (excluding the railways). One of the consequences of privatisation is the current excess capacity in road haulage (estimated at almost
one-third)48. This situation is harmful to domestic and international transport, because it is hard for carriers to reflect the increased start-up costs in the price of transport services. In public
passenger transport, transport performance has fallen by more than 40%; public municipal transit fell by around 20%49. Transport service in the regions has worsened and the standard of transport
services provided by the state has stagnated.50

2. Industrial relations in the sector
Tripartite concertation
There is no national or regional tripartite concertation at the sector level in the Czech Republic. Nevertheless, the key social partners in the sector do have contacts with the departmental ministry
(the Ministry of Transport of the Czech Republic) in resolving specific tasks in the department.

Bipartite social dialogue
Collective bargaining in the Road Transport sector takes place at the enterprise and sector levels. In general, ELCAs (“Enterprise-level collective agreements”) contain provisions that are more
specific and more substantive. By contrast, HLCAs (“Higher-level collective agreement”) lay down minimum wage and social standards and are therefore more of an outline in nature. Collective
bargaining at the enterprise level (ELCA) is more developed. This is explained by the fact that one of the two sector employers’ organisations (SD CR) negotiates sector collective agreements
provided it is empowered to do so by its members51. Most of the time, to avoid being affected by constraining agreements, the employers of the “road transport section” of this organisation refuse to
empower the federation. This constitutes the biggest obstacle to the development of collective agreements at the sector level. Additionally, the absence of a legal framework for HLCAs is observed
in the Czech law and the Ministry’s role and powers in respect of HLCAs are not entirely categorical (for example, the Ministry is not obliged to review the substance of HLCAs and check that they
comply with the applicable labour legislation before filling them).
There are no systems for recognizing the social partners in collective bargaining (the absence of a requirement for actor’s representativeness in the applicable legal framework). There are no data
on any cases where a bipartite dialogue has been replaced by tripartite social dialogue and the social dialogue is not moving from bipartite to tripartite

47   Yearly average exchange rate for 2002 from the database Czech National Bank (30.812 CZK to 1 euro in 2002). Source: www.cnb.cz.
48   As far as haulage is concerned, new laws were enacted after 1990 that maximally liberalised market access. In road transport, more than 35,000 haulage firms were created.
49   Private car use has expanded sharply (by roughly 50%).
50Sources: Website of the Czech Republic Government Office; State of the economy and economic transformation – Evaluation of Selected Sub-sectors and Regions (last updated 10.7.2004); J. Hanák, The New
Transport Policy Should Bring Stronger Support for Public Transport. Transport News 36/2004, www.dnoviny.cz (the author is the President of the SD CR and Vice-president of the SDP CR).
51 In this assessment report titled “Possibilities and barriers for the further development of social dialogue in the Czech Republic” N. Lubanski draws attention to the fact that the lack of a mandate on the part of a number
of existing employers’ organisations for negotiating with trade unions causes a problem relative to the EU, namely how to integrate Czech organisations in the EU’ s sectoral dialogue. He states that “overall, there is an
important challenge and a need to strengthen social dialogue at a higher level”.

                                                                                                                                                                                                                             33
At sector level
The two trade unions taking part in sector collective bargaining are DOSIA and OSD and the two employers’ organisations are SD CR and SDP CR. There is no conflict between the players
regarding mutual recognition.
Every year, two sector agreements are concluded by DOSIA and SD CR in the road transport sector : one for the public and one for the private sectors. These agreements focus on wages, labour
law entitlements52, selected aspects of occupational health and safety, social funds (a fund for cultural and social needs) and co-operation between parties. Their duration is one year. However, in
2003, DOSIA concluded only one HLCA for the road transport sector. This agreement applied to 70 employers in the road transport sector and 10,000 employees53. OSD has not signed an HLCA
since 199854.
The coverage rate of these collective agreements in comparison with the total number of enterprises is 1.9% and 13.1% in comparison with the total number of salaried workers55. The workers
covered by these agreements are mostly workers in various blue-collar transport professions.
The practice of extending HLCAs was used to a great extent during the 1990s but halted when the applicable legislation was abolished in March 2004. However, the Road Transport sector is not a
typical sector in the Czech Republic in which sector agreements were extended in the past.
Further transformations in the sector are expected, leading to greater concentration of capacities and a gradual stabilization of the sector’s structure. Consequently, it is fair to assume that the
capacity for collective bargaining will probably be broadened because of the resumption of co-operation between SD CR and OSD.
At enterprise level
Partners negotiating at the enterprise level are representatives of employers and trade unions’ bodies representing all a firm’s employees (usually members of DOSIA, OSD and OSPEA56). In
general, in the Road Transport sector, more than one trade union organisation is present at the same time in an employer. Owing to the lack of a duty to prove representativeness, there are no
conflicts regarding recognition issues.
In 2003, 149 ELCAs were signed in road transport57. These agreements focus on a definition of the basic substance of co-operation between the signatories, employees’ labour-law entitlements,
remuneration, definition of social entitlements and provisions covering occupational health and safety. They are concluded for one or two years. The number of ELCAs has declined as the
restructuring of the sector has progressed (this trend is no doubt going to continue).



52 That means extent of standby availability for work, overtime, increases to redundancy payments beyond the framework of the Labour Code, whether terms have been agreed for the provision of redundancy payments,

average number of days off provided beyond the framework of the Labour Code, compensation provided to bereaved beyond the framework of the Labour Code.
53   In line with the Czech law, an agreement applies to all employees working for an employer for which the agreement is binding and not merely employees who are trade union members.
 Up to 1998, OSD used to conclude HLCAs but in 1999, SD CR did not accede to the trade union’s draft HLCA and did not sign; since then, despite OSD’s efforts, it has not managed to conclude an HLCA. At present,
54

OSD is in court dispute with SD CR on the conclusion of HLCAs
55   The figure only covers business entities with 20 and more employees.
56OSPEA is an other trade union federation that negotiates agreements at the enterprise level (jointly and in concert with other trade union organisations operating at the same employer). It operates at one employer
“Prague Public Transit Company Inc.”.
57   Source: ČMKOS.

                                                                                                                                                                                                                    34
The total number of employees covered by ELCAs in 2003 was 38,40058 (50.5% of the total number of salaried workers59). Most employees covered by ELCAs in the road transport sector work in
blue collar professions. The coverage rate of the collective agreements in comparison with the total number of enterprises is 4.0%60. Czech law does not contain any procedures for extending
collective agreements at the enterprise level.

3. Organisations active in the sector
Workers’ organisations
Both trade unions, the OSD and DOSIA have been negotiating with a view to merging. But differences over personnel and property have made it difficult to reach a final agreement. The OSD
organises road transport (road haulage) to a great extent (currently comprising 125 basic organisations), and it is also involved in air transport to some extent (9 basic organisations) as well as
water transport (3 basic organisations). The DOSIA organises a large percentage of workers from state or municipality subsidised organisations.
Trade Union of Workers in Transport, Road Economy and Repair Vehicles (DOSIA) was founded in 1990 and is registered under Act no. 83/1990 Coll., on citizens’ associations. It associates
employees of undertakings in public and road municipal transit, road management and car repair, as well as related enterprises.
Every year, the federation concludes 2 HLCAs with the SD CR – Road Management Section, one for state-subsidised organisations61 and one for entrepreneurs’ organisations. In 2003, it concluded
only one HLCA. At the enterprise level, DOSIA provides support for collective bargaining conducted by its members. In 2003, the federation’s members signed a total of 75 enterprise agreements in
the road transport sector62. Additionally, it takes part in negotiations between trade union delegations and representatives of state authorities and employers in the working groups of the
departmental ministries and in consultations with the Economic Committee of the Chamber of deputies of the Parliament of the Czech Republic. DOSIA takes part at tripartite consultations
indirectly, through ČMKOS. It does not sign agreements at the national tripartite level.
The funds and resources for the activities of the trade union are its fixed and variable assets, member’s dues (1% of the net monthly income) and profit from its own enterprise and activities.
Transport Workers´ Union (OSD) was founded in 1994 and is registered under Act no. 83/1990 Coll., on citizens’ associations. As far as the road transport section is concerned, it associates
employees in road haulage, bus transport, long-distance transport and some municipal public transit companies63. OSD consists of 137 basic organisations at enterprises (125 of them are basic
organisations at road transport enterprises64. In 1994, it had 48,000 members and in 2003, only 19 720 members65.



58   Source: ČMKOS.
59   Data for all sections of the federation, i.e. including water and air transport.
60   The figure corresponds to the number of ELCAs concluded, because we do not assume that the number of ELCAs concluded at enterprises will differ much from the number of firms that signed ELCAs.
61   These organisations generate finances through enterprises and receive funds from the state budget or public budgets.
62   According to the Report on the Course of Collective Bargaining at Higher-than-enterprise Level and Enterprise Level in 2003, ČMKOS 2003.
63   OSD as a whole consists of the road transport section, an air transport section and a water transport section
64   This data was obtained by questioning the federation’s senior official (data as at the end of 2003).
65The reason for such a reduction in membership was the fact that many firms in the sector were privatized in the early 1990s. The number of employees was reduced and many employees left the trade union because
their membership was formal. The second reason was the new owner of privatized firms did not like the trade unions and prevented employees membership of a trade union.

                                                                                                                                                                                                               35
At sector level, the OSD has the ability to conclude HLCAs but did not conclude one in 2002-2003, as the employers’ organisation (SD CR) refused. At the enterprise level, OSD provides support for
collective bargaining conducted by its members. In 2003, the federation’s member trade union organisations signed 74 ELCAs in the road transport sector66. OSD does not take part directly in
tripartite consultations at the national level, but indirectly through ČMKOS. No agreements are made in the Council of Economic and Social Agreement (RHSD).
The funds and resources for the activities of the trade union are member dues, income from interest on term deposits, deposit certificates, capital revenues, incomes from rental, gifts and donation.
OSPEA (no official English name, “Trade Union Federation of Electric Tramway and bus workers”) was founded in May 2003 and is registered under Act no. 83/1990 Coll., on citizens’ associations.
It operates at just one employer “Prague Public Transit Company Inc.” The vast majority of its members are drivers.
OSPEA takes part in collective bargaining at the enterprise level. It signs ELCAs on the basis of the empowerment provided to it (jointly and in concert with the other trade union organisations
operating at the same employer). In 2002/2003, one ELCA was signed. The federation’s interests are represented indirectly at tripartite consultations, through ASO. No salaried workers work for the
organisation and members’ dues are the principal source of funding.

Employers’ organisations
The Transport Union of the Czech Republic (SD CR) was founded under Act no. 83/1990 Coll., on citizens’ associations in March 1994. In the road transport section, the membership base consists
of medium-sized and especially small private enterprises.
This organisation conducts collective bargaining for HCLAs in the name of its members as represented in the relevant professional section, provided it is empowered to do so by that section. In the
road management section, one HLCA was signed with DOSIA, for 2002/2003. In the road transport section, HLCAs were signed up to 1998, thereafter this section refused to enter into collective
bargaining on the grounds that it is necessary to wait until the sector stabilises after restructuring is completed, before negotiating sector standards. SD’s refusal to conclude HLCAs led its trade
union partner (OSD) to take its dispute to the courts. SD is jointly represented in national tripartite consultations through the representation delegated by the Confederation of Industry and Transport
of the Czech Republic.
Most of its finances come from member contributions, donations, and income from SD’s own activities.
SDP CR (no official English name: “Association of Transit Companies of the Czech Republic”) was founded in 1991. This organisation unites Transit companies operating in the Czech Republic.
There are two types of members: ordinary members are legal entities that operate municipal public transport ; other members are companies that co-operate with transit companies, make products
and provide services necessary for municipal public transport67. Most of the salaried workers represented by SDP CR are professional drivers.
SDP takes part in collective bargaining at the sector level but conducts it jointly with SD CR. Indeed, the federation is registered under Section 20 of the Civil Code with the Prague 9 District
Authority – Civil Administration Division in December 2000 as a special-interest association of legal entities (and not under Act no. 83/1990 Coll., on citizens’ associations). This leads to problems in
its ability to conduct collective bargaining. In order to avoid possible doubts and complications in this matter, in the past, the association conducted collective bargaining and concluded HLCAs jointly
with the union (SD CR), which was established under the Act on citizens’ associations.



66Source:   ČMKOS report.
67 These other members are authorised to take part twice a year in an enlarged session of the board of directors; once a year they can deliver a company presentation or other information. Additionally, they can take part
in sessions of all specialized groups they wish.

                                                                                                                                                                                                                        36
The resources of the association come from members’ financial contributions and possibly from income for work and service done. The minimum annual contribution of each member is CZK 5,000.




                                                                                                                                                                                          37
Employers’ organisations
Organisation                         Sub-sectors       Companies        SW           Density       Density        T             CB          National affiliations          European affiliations          International affiliations
                                     covered                                         Companies     SW
Original name     English name                       number             number       %             %              yes/no    yes/no          Direct        Indirect         Direct        Indirect         Direct          Indirect
SD CR - Svaz      The Transport      NACE 60 – 62 143, of which         in total:    1.73          28.0           Yes, as   Yes             Confederatio No                No            UNICE;           No              IEO
dopravy ČR        Union              including, 63.2 35 are in the      136,237;                                  part of a                 n of Industry                                Business
                                     part            road transport     11,261 in                                 joint                     of the Czech                                 and Industry
                                                     section, and       road                                      delegatio                 Republic                                     Advisory
                                                     29 in road         transport                                 n of the                                                               Committee
                                                     management         section;                                  Confeder                                                               to OECD.
                                                     section68          10,071 in                                 ation of
                                                                        road                                      Industry
                                                                        manageme                                  of the CR
                                                                        nt section
SDP CR -          No official name   NACE              2003 total:      Only for     Entire        Ordinary       No            Yes         No                No           No            No               No              No
Sdružení                             60.21.,63.2       118 members      ordinary     member        members
dopravních                           part              (19 of them      members,     base, 2003:   only, 2002:
podniků                                                ordinary)69.     2002:        2.7           34.1
                                                                        25,281       Ordinary
                                                                        people70.    only, 2003:
                                                                                     0.05.
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?


Trade Unions
Organisation                         Type of SW          Members          Members working     Density     T            CB             National affiliations            European affiliations            International affiliations
                                                                          in the sector
Original name     English name       Type                Number           Number              %           yes/no       yes/no         Direct          Indirect         Direct         Indirect          Direct           Indirect
DOSIA -           Trade Union of     Most frequently     Total number     2003:               2003, in    Yes,         Yes            ČMKOS;          Not affiliated   ETF            Not affiliated    Not affiliated   Not affiliated
Odborový svaz     Workers in         employees in        of members       17,28273            total:      indirectly                  Bohemian



68   Source: www.svazdopravy.cz.
69   Source: SDP annual Report for 2002.
70Figures are only available for the member transit companies, i.e. for ordinary members of the association. Figures for 2002. There is no information available on the number of people employed by members of the
association’s members in 2003.

                                                                                                                                                                                                                                          38
pracovníků         Transport, Road    manual             including                            24.4;                         and Moravian
dopravy,           Economy and        professions        pensioners,                          Excludin                      Confederation
silničního         Repair Vehicles    (authors‘          200372:                              g                             of Trade
hospodářství a     (Members List of   estimate)          21,155.                              pensione                      Unions
autoopravárens     ETF)71                                Excluding                            rs: 22.7
tví Čech a                                               pensioners:
Moravy                                                   19,882
OSD -              Transport          Mostly workers     1st half 2004:   Only members in     2003,      Yes,         Yes   ČMKOS           Not affiliated   ETF              Not affiliated   ITF              Not affiliated
Odborový svaz      Workers´ Union     in semi-skilled    25,450           employment,         members    indirectly
dopravy            (Members List of   manual             including        2003:               in
                   ETF)74             professions        4,200            19,720 people75     employm
                                      (mainly drivers)   pensioners                           ent:
                                                                                              25.9
OSPEA -            No official name   Mostly tram and    2004: approx.    2004: approx. 700   2003:      Yes,         Yes   ASO             Not affiliated   Not affiliated   Not affiliated   Not affiliated   Not affiliated
Odborové                              bus drivers        700 people       people              0.9        indirectly
sdružení
pracovníků
elektrických
drah a
autobusové
dopravy
SW: salaried workers
Density: number of salaried workers affiliated to the organisation / number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




71   This is the name stated on Members List of ETF. “Trade Union of Transport, Road and Car Repair Services Workers of Bohemia and Moravia” is the name of the organisation in its statutes.
72   Source: ČMKOS.
73   Source: ČMKOS.
74   This is the name stated on Members List of ETF. “Transport Trade Union” is the name of the organisation in its statutes.
75   Source: ČMKOS.

                                                                                                                                                                                                                                 39
                                                                                                            Estonia

1. Description of the sector
Delimitation and activities of the sector
The Road Transport sector in Estonia corresponds to the NACE classification (group 60.2)76. The sector can be subdivided as follows: scheduled passenger transport by tramway and trolley-bus,
scheduled passenger transport by bus, other scheduled passenger land transport (NACE 60.21: Other scheduled passenger land transport); taxi operation, other renting of private cars with operator
(NACE 60.22: Taxi operation); Other land passenger transport (NACE 60.23); freight transport by road (inland and international), freight transport by specific vehicles (NACE 60.24: Freight transport
by road).

Socio-economic features of the sector
The road transport sector produces about 1.5% of total GDP in Estonia77. It is a relatively small sub-sector in the total economy of Estonia. It includes 5% of enterprises in Estonia (1,608
enterprises): 4 of them are municipally-owned enterprises (in passenger transport) and the rest are private.
Companies
Sub-sectors           Number of companies       Companies without salaried      Companies with < 10        Companies with 10 to       Companies with > than 100
                                                workers (%)                     salaried workers           100 salaried workers       workers
Total Sector                    1,608                     No data                         78.8%                      19.7%                      1.4%
Source: Statistical Office of Estonia.
The road transport sector includes 2.9% of employees in Estonia78. Between 2002 and 2004, employment in road transport showed an increasing trend79. There is no employment data available by
gender, age, and ethnicity in the road transport sector80. In addition, there is no data on average wages in road transport but an idea of it can be obtained from the average wage in land transport
(which includes railways and pipeline transport). The average monthly wage in land transport is about 368.72 EUR81. It is about the same as the Estonian average (392.69 EUR).



76   Statistical Office of Estonia uses the internationally recognized NACE classification.
77   Statistical Office of Estonia.
78 Statistical Office of Estonia: Labour Force Surveys, Enterprise Surveys: Road transport figures are from enterprise survey data (labour force survey does not provide data on such small sub-sectors as the road
transport). There is a difference in the number employed persons between enterprise survey and labour force survey data. The enterprise survey comprises only economically active enterprises; different age groups of
employees are not separated; it does not provide data about budgetary institutions and organisations, non-profit institutions and sole proprietors. In 2004 the difference was about 30%, the employment according to
enterprise survey was about 42,5 thousand. So, we can say that in reality there are about 22-24 thousand employees in road transport sector.
79   Statistical Office of Estonia.
80   As the road transport is a relatively small sub-sector, the Statistical Office of Estonia does not publish much information about it.
81   Source: Statistical Office of Estonia. Since 2000, the exchange rate is 1 EUR = 15.646 EEK.

                                                                                                                                                                                                                   40
Workers
Sub-sectors          Salaried          Other workers     % of salaried          % of workers in           % of workers in             % of workers in companies
                     workers                             workers*               companies with < 10       companies with 10-100       with > than 100 workers
                                                                                salaried workers          salaried workers
Total Sector              17,159           No data               2.91                     24.9%                     43.8%                        31.3%
* Total number of salaried workers in the sector divided by the total number of salaried workers in the country
Source: Statistical Office of Estonia.
The sector is fully privatised. There are no data available about the underground economy in the sector but it is only a minor problem.

2. Industrial relations in the sector
Tripartite concertation
Tripartite concertation only takes place at the national level and does not occur at the sector level. The only cases when all three counterparts meet are while they are attending the work of the
tripartite institutions/organisations at the national level82. Representatives of road transport employers and trade unions’ organisations are also included in the delegations on tripartite concertation at
the national level through the employers and trade unions’ central organisations.

Bipartite social dialogue
Compared to the other economic sectors in Estonia, bipartite collective bargaining in the road transport sector at the sector level is quite well developed. Employers’ and trade unions’ organisations
meet regularly and a “classical” sector-based collective agreement is concluded. Bipartite social dialogue is also relatively well developed in the road transport sector at the enterprise level (but not
at “higher than enterprise” level). In general, in this sector, there is one of the most developed social dialogues at the industry/sector level in Estonia. The reasons for such an advanced social
dialogue may lie in the specificity of the work (any industrial action in the transport sector would affect everyday life very strongly and hence the employers may be more open to negotiate and
conclude agreements in this sector) and forceful action of trade union organisations in the transport sector.
At sector level
In the road transport sector, the players at the sector level are ETTA (a trade union organisation), AL and ERAA (two employers’ organisations). There are no conflicts regarding reciprocal
recognition issues and there is no legal obligation to participate in collective bargaining.
Since 1992, ETTA and AL83 conclude a sector collective agreement every year (even if the collective agreement is concluded for two years, the negotiations on these matters still take place every
year). The latest was signed in December 2002 and is valid until the end of 2004. In 2002, it covered 5,395 employees (34.2%84 of the road transport sector). There is no information about the
coverage rate in comparison with the total number of enterprises. This agreement regulates the conclusion of an employment contract, conditions of remuneration, working and rest time (35 days


82 For example in the Vocational Council of Transport and Logistics, the Estonian Unemployment Insurance Fund, the Social and Economic Council and at the regional level in the employment councils and the labour

dispute commissions.
83   ERAA also took part in the social dialogue at the sectoral level in 2002, but it did not agree with the agreement and does not actively participate in it now.
84   Figure based on the number of employees in the road transport sector in 2002: 15,780.

                                                                                                                                                                                                               41
vacation; normally, vacation is only 28 days in Estonia85), occupational safety and healthcare, relationships between employers and trade unions, in-service training, social guarantees, hourly wage
rates for workers, monthly salary rates for employees (the agreement lays down minimum wage rates86) and working time calculation. ETTA and AL also cooperate in controlling if the enterprises in
the sector comply with the collective agreement. In 2001, working, rest and pay conditions laid down in this agreement were extended87 to all employers and employees dealing with freight and
passenger transport for a fee or at the carrier’s own expense88 in the meaning of the Haulage Act and the Public Transit Act. This sector is one of the few sectors where collective agreement is
extended to the whole sector.
The ERAA participated in the social dialogue in 2002, but left because it considered the demands of ETTA too high a price for industrial peace. AL admits that the conditions of the agreement are
too strict for the employers and it covers too many different branches of activities but it has stayed in negotiations as it regards industrial peace as very important. AL suggests that there should be
several collective agreements in the sector instead of one comprehensive agreement and that the conditions should be less restrictive. In contrast, ETTA argues that different working conditions in
the road transport sub-sectors would make it more difficult to control if the employers comply with the agreement. According to ETTA, a deeper harmonisation of working conditions should be
established.
At enterprise level
At enterprise level, the players are ETTA (its divisions in enterprises) and employers. At the moment, 11 enterprises (about 7% of enterprises in the sector) are covered by enterprise level collective
agreements89. These agreements cover about 2,675 workers (about 16% of employees in the sector)90. The majority of these agreements cover all road transport workers in an enterprise (not only
members of the trade union). However, there are, sometimes, a few clauses in these collective agreements that concern only trade union members (some extra benefits like death benefit and a
Christmas bonus). The duration of these agreements is usually one, and occasionally two years. Hence, the collective agreements are discussed in enterprises every year.
These agreements regulate conditions of pay and working time and conditions for occupational health and safety; conditions for suspension, amendment, and termination of an employment
contract; conditions and procedure for employee lay-offs and guarantees in the event of a lay-off; facilities for employees; guarantees for the members of trade unions, special working conditions for
shop stewards. However, these clauses usually largely copy the legislation in force (no conditions for workers that are better than the current Estonian legislation).




85This   constitutes an important point in this agreement. The regulation of vacation makes a big difference.
86   Minimum wage rates laid down in this agreement are not very relevant as most of the employers in the sector pay more anyway.
87According to the Collective Agreements Act a collective agreement concluded by an employers’ union or association and a workers’ union or association and a collective agreement concluded by an employers’
confederation and a workers’ confederation may be extended on conditions of remuneration and working and rest time by agreement of the parties; the scope of the extension shall be determined in the collective
agreement.
88 Except international freight transport, transport of passengers on carrier’s own expense by vehicle with less than 10 seats (including driver), freight transport by vehicles with registered weight up to 3500 kg and

haulage of ambulance, rescue service, medicine, police and army.
89   10 of them in passenger transport, 1 in freight transport.
90   2,519 in passenger transport and 156 in freight transport. Source: Register of Collective Agreements.

                                                                                                                                                                                                                      42
3. Organisations active in the sector
At the moment, only ETTA and AL are active in the road transport sector social dialogue (ERAA is recognised as a social partner as it encompasses many enterprises active in road transport, but
does not actively participate in it now). However, there is a possibility that other organisations in the sector will be included in the social dialogue91. As most of them were only established a few
years ago, it may be that they have not recruited many members and are not yet recognised by the dominant players.

Workers’ organisations
Estonian Transport and Road Workers’ Trade Union (ETTA) was established in 1989 and is the legal successor to a former trade union in transport in Soviet times. It is a trade union and not a
federation of trade unions, so it consists of divisions in enterprises (not of trade unions). During the last 15 years, ETTA has organised two warning strikes to support its demands92. It has seven
salaried workers and finances itself by contributions from the members (members pay 1.2% of their monthly wage for subscriptions). ETTA is organised in four sections: one for bus drivers (bus,
tram, and trolley bus drivers), one for road workers, one for motor mechanics, and one for aviation.
ETTA has the authority to sign collective agreements at the sector and enterprise levels. There is one extended sector collective agreement in road transport signed by ETTA and AL in 2002. At the
enterprise level, 11 collective agreements have been concluded by divisions of ETTA in road transport enterprises. According to ETTA’s constitution, its chairman should be the signatory party from
the workers' side. In practice, the shop steward of an enterprise signs the collective agreement (by authorization of the chairman of ETTA). ETTA’s lawyer always participates in the negotiation
process.

Employers’ organisations
Union of Estonian Automobile Enterprises (AL) was founded in 1990 by 31 enterprises and is a voluntary non-profit organisation of employers in the road transport sector. It finances itself by
contributions from the members and by service fees and it has five salaried workers. The members are mainly the larger enterprises in the sector. The organisation is structured in four sections: one
for freight transport, one for passenger transport, one for charter transport, and one for the operation of taxi services.
AL has the authority to represent its members in negotiations with state agencies and organisations representing employees, to sign collective agreements at the sector level and to help its
members conclude collective agreements at enterprise level. In 1992, it concluded a sector collective agreement for the first time. This agreement is discussed with ETTA almost every year and it
was most recently signed in 2002. Since 2001, this agreement has been extended to all enterprises in national and international passenger transport and national freight transport (even if they are
not members of AL).
Association of Estonian International Road Carriers (ERAA) is a voluntary union of enterprisers involved with road transport . It was founded in 1991. ERAA is funded by entrance fees and
subscriptions from members and candidate members. It has 24 salaried workers. Members of ERAA may be undertakings possessing means of road transport, having performed road transport for




91   Estonian Bus Association and Estonian Carriers’ Association as employers’ organisations; Estonian Taxi Drivers’ Union as trade union.
92In 1996, an hour long strike was organised with 130 participants; in 2002 an hour long strike of 52 participants was organised; both strikes involved bus drivers and were successful as demanded pay raises were
gained.



                                                                                                                                                                                                                43
at least two years and having been registered as candidate members for at least two years. Candidate members of ERAA may be undertakings that possess means of road transport and perform
road transport. At the beginning of August 2004, it had 397 members and 53 candidate members (450 members in total).
ERAA has the authority to represent its members in negotiations with state agencies and organisations representing employees. It participated in the social dialogue at the sector level with ETTA
and AL in 2002, but left the negotiations (it considered ETTA’s demands too high). At present, it engages in dialogue with ETTA, but in a very modest form. Still, there is a high possibility that ERAA
will be taking a more active part in collective bargaining in the future.


Employers’ organisations
Organisation                               Sub-sectors         Companies         W            Density     Density    T          CB        National affiliations          European affiliations    International affiliations
                                           covered                                            Companies   W
Original name       English name                               number            number       %           %          yes/no     yes/no    Direct            Indirect     Direct        Indirect   Direct              Indirect
AL - Autoettevõtete Union of               inland and          46 (all in road   5,500        2.9         32.1       Yes*       Yes       Estonian          No           No            UNICE      UITP                IOE
Liit                Estonian               international       transport         (estimatio                                               Confederation                                           (observant
                    Automobile             passenger           sector)           n of AL)                                                 of Employers                                            member)
                    Enterprises            transport, inland
                                           freight transport
ERAA - Eesti           Association of      international       450               5,000+     28.0          29.1       Yes*       No93      Estonian          No           No            UNICE      IRU                 IOE
Rahvusvaheliste        Estonian            freight transport                     (estimatio                                               Confederation
Autovedajate Liit      International                                             n of                                                     of Employers
                       Road Carriers                                             ERAA)
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density W: number of workers in the affiliated companies / total number of workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?
* It participates at tripartite concertation at national level (no tripartite concertation at sector level) through the employers’ central organisations.


Trade Unions
Organisation                            Type of SW         Members        Members working       Density   T         CB        National affiliations                    European affiliations            International affiliations
                                                                          in the sector
Original name       English name        Type               Number         Number                %         yes/no    yes/no    Direct                      Indirect     Direct         Indirect          Direct           Indirect
ETTA - Eesti        Estonian            road transport,    4,757*         3,100 (estimation     18.1      Yes**     Yes       Confederation of Estonian   No           ETF            ETUC              ITF              ICFTU
Transpordi- ja      Transport and       aviation, road                    of ETTA)                                            Trade Unions;
Teetöötajate        Road Workers'       workers,                                                                              Federation of Transport
Ametiühing          Trade Union         mechanics                                                                             Workers’ Trade Unions
SW: salaried workers


93   ERAA took part in the social dialogue at the sectoral level in 2002, but it did not agree with the agreement and does not actively participate in it now. Still, there is a high possibility that ERAA will be taking a more
active part in collective bargaining in the future.

                                                                                                                                                                                                                                     44
Density: number of workers affiliated to the organisation / number of workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?
* 2 Q of 2004
** It participates in tripartite concertation at the national level (no tripartite concertation at the sector level) through the trade unions’ central organisations.
Source: Statistical Office of Estonia; Union of Estonian Automobile Enterprises; Association of Estonian International Road Carriers; Estonian Transport and Road Workers' Trade Union.




                                                                                                                                                                                          45
                                                                                            HUNGARY
1. Description of the sector
Delimitation and activities of the sector
The statistical specification of road transport is in accordance with the NACE activity codes used by EUROSTAT. Based on the current Hungarian statistical classification, road transport consists of
the following sub-sectors and branches:
60.2 – Other land transport
60.21 – Other scheduled passenger land transport
60.22 – Taxi operation
60.23 – Other land passenger transport
60.24 – Freight transport by road
Despite the fact that the Hungarian system of sector classification complies with the Eurostat system, a part of the data can only be accessed under the industrial branch classification. This means
that freight transport by road is included with the other sections of the transport sector, with storage and the postal service, as well as with telecommunications. So, we need to consider the fact that
the category of branches contains sectors whose structure and economic performance are radically different.

Socio-economic features of the sector
In 2003, the percentage of total industry represented by transport, storage, postal services and telecommunication of the GDP was 13.1%. With regard to employment, 1.7% of those employed in
the economy worked in the scheduled passenger and freight road transport industries. The number of those employed in road transport was practically static, while employment rose in the national
economy. This results in the decrease of the relative weight of the sector within total employment.
In terms of wages, in the majority of the sub-sectors of the main sector, wages have fallen behind the national average for the economy. It must be noted, however, that in the scheduled passenger
road transport sub-sector the variation of wages is comparatively high. According to experts, behind these inequalities lies the relative wage advantage of administrative personnel compared to bus
drivers and technical staff who earn the sub-sector average or below. Another specificity of the sub-sector is the inequality of wage levels between individual companies depending on their
geographical location (“West-East slope”). In contrast to the private firms, the wage level of those who work in municipal public transport is much higher. It is worth stressing the possible lack of
precision in the official statistics. In the sub-sector “scheduled passenger land transport” the average wage, which is the basis of wage bargaining and is accepted by both the employers and trade
unions, is only 125. 500 HUF.
The sector cannot be regarded as united with respect to either the size structure or the ownership structure of the companies. State and local government corporations account for most of the
passenger transport sector, whereas practically 100% of freight transport by road companies is in private ownership.



                                                                                                                                                                                                      46
In the transport sector, competition often takes place not only within the sub-sectors but also between them. The nature of the competition, however, differs from sub-sector to sub sector. In the
competition between sub-sectors, it has been road transport that has gained more ground over railway transport. In the case of freight transport, the role of water and air transport is marginal. By
and large, all this is in accordance with the European tendencies. In scheduled passenger land transport, the municipal transportation companies and the state-owned bus companies are practically
monopolies. For them, the competition principally comes in the shape of individual transport (by privately-owned cars). In domestic goods transport, Hungarian companies compete with each other
for the time being, at the same time, their market position is hindered by the existence of vehicle fleets in large production and service companies, which lowers the demand for external services. In
international transport, mainly Czech, Slovakian and Romanian transport companies are the competitors of the Hungarian companies.
          Scheduled passenger road transport and international freight transport is not involved in the black or underground economy. There is an underground economy in the domestic freight road
transport sub-sector. Experts estimate its share in the performance of the sub sector at about 30–50 per cent, which is a bit higher than the estimated average of the underground economy in
Hungary as a whole.


Companies
Sub-sectors*          Number of Companies**       % companies without     % companies with 1-9    % Companies 10-49        % companies with ›
                                                  SW                      SW                      SW                       50-249 SW
                      Registered   In operation   Registere In            Registere In            Registere In             Registere In
                                                  d         operation     d         operation     d         operation      d         operation
Transport***          34, 983      34, 857        68 %      66 %          29 %      31.1 %        2.6 %     2.4%           0.4 %     0.5 %
SW: salaried workers
* There are no data at sub sector level
** 31. 12. 2003
*** Including: transport via railways, other scheduled passenger land transport, freight transport by road, water transport, air transport, Supporting and auxiliary transport activities; activities of travel agencies

Workers
Sub-sectors         Number of        Number of SW      Number of          Number of SW in          Number of SW in          Number of SW in
                    workers                            SW/number of       companies ‹10            companies 10-100         companies ›100
                                                       SW in the          SW/number of SW in       SW/number of SW in       SW/number of SW in
                                                       country (%)        the sector (%)           the sector (%)           the sector (%)
Transport via                        55,069            1.4                –                        –                        –
railways
Other scheduled                      40,625            1.03               –                        –                        –
passenger land
transport
Freight transport                    28,667            0.73               –                        –                        –
by road
Water transport                      1,327             0.034              –                        –                        –
Air transport                        3,625             0.09               –                        –                        –




                                                                                                                                                                                                                           47
Supporting and                   27,306           0.69             –                     –                      –
auxiliary
transport
activities;
activities of travel
agencies
Total of the                     126,048          3.2              –                     –                      –
sector

SW: salaried workers


2. Industrial relations in the sector
Tripartite concertation
In the system of the Hungarian labour relations, there has been a tripartite dialogue since 1988 at the national level, in the National Interest Reconciliation Council (NIRC). Besides national-level
wage and labour-related interest reconciliation topics, the NIRC discusses—consultatively—economic policy issues, first and foremost, budget and tax proposals. Currently, the NIRC consists of
nine national interest representation alliances and six national trade union confederations, as well as the representatives of the government. The national interest representation organisations are
not organised according to the logic of the sector, either on the side of the employers or the employees, and so, they do not represent sector interests in the tripartite interest reconciliations either.
In spite of all this, primarily because of the shortcomings of the middle level interest reconciliation, informally, sector-related topics also occur on the agenda at the national (tripartite) level. One such
topic affecting road transport concerns, for instance, the regulation of the early retirement of vehicle drivers. Owing to the ownership structure of the sector, in the case of scheduled passenger road
transport companies, as part of interest reconciliation, the representative of the Hungarian Privatisation and State Holding Company (ÁPV Rt.), who practices the state’s ownership rights, also
attends the wage bargaining.

Bipartite social dialogue
No sector interest reconciliation exists as yet.
The collective agreements are made at the sub-sector (“higher than the company”) level. Based on the statistical classification, this involves sections of the “other scheduled passenger road
transport” and “goods transport by road” sub-sectors. The agreements were concluded between the representatives of the interests of the employers and the trade unions. The collective agreement
fundamentally regulates two subjects: on the one hand, rights and duties related to work, the means of their practice and fulfilment, as well as the order of actions concerning their enforcement; on
the other hand, the system of relations between the parties involved in the collective agreement.
There are two sub-sector agreements in the sector:




                                                                                                                                                                                                             48
     •     The first is entitled “Collective Agreement in the Road Transport Sub-sector.” It was concluded in 1992 between the KKVSZ (Association of Road Transportation Enterprises) and the
           KKSZ (Road Transport Trade Union)94. The agreement covers notably the following areas: the timing of wage negotiations, the information-providing obligation of the employer to the trade
           union, working hours, break of work, wages and benefits,…The parties concluded the agreement for an indefinite period; however, every year, they renew the wage scales, which is one of
           the appendices of the agreement. According to the registration database of the Ministry of Employment and Labour, the collective agreement is valid for 45 employers. The agreement
           covers 100% of the employees of the employers in question, that is 25,219 people. This denotes a 58.8% coverage within the road transport sector. The employers involved in the
           agreement come from Hungarian state-owned or private middle and large companies operating in passenger and goods road transport.
     •     Since 2003, there has been another sub-sector collective agreement in the sub-sector other land passenger transport entitled “Multi-employer Collective Agreement in the Road Transport
           Sub-sector”. It was concluded between the National Road Haulage Association (MKFE) and the National Organisation of International and Professional Drivers (NeHGOSZ). Concrete
           regulations are addressed concerning wage bonuses and working hours. According to the registration database of the Ministry of Employment and Labour, 44 companies signed the
           agreement, which is valid for 989 employees. With this, it covers 20.1% of the employees of the other land passenger transport sub-sector.
In the case of companies covered by the collective agreement signed by KKVSZ and KKSZ, there is almost always a corporate-level collective agreement as well. It sometimes happens that this
agreement simply takes over the sub-sector collective agreement automatically; although there are also exceptions to this. This practice is mainly to be found with bus companies, where the
practical conditions, such as the internal wage increases and the bonus system are regulated according to the conditions prevailing in each company. Given that the influence, the ability to
represent the interests of workers, and the qualification of the trade union leaders differ from one company to another, and that the decision-making power and skills are concentrated at the middle
level, the individual employers are indeed interested in concluding local level agreements. Consequently, it ensues that even though the Labour Code specifies that one may only diverge from the
sector collective agreement in favour of the employee, the local agreements are, nevertheless, less favourable than the sub-sector collective agreements. The sector trade union does not object in
the case of smaller variations, however, in the case of divergences that affect employees unfavourably it does interfere. The sector trade union does not merely act as a power counterbalance, but it
also provides the trade unions operating in the company with information and professional skills. Within the sector, therefore there is a trade union model which depends upon the balance between
corporate and mezzo-level collective bargaining.
The last new development concerning social dialogue in the sector is the 2004 establishment of the Provisional Sectoral Dialogue Committee of Road Haulage Service Providers, whose aim is to
act as a sector level interest reconciliation forum for the social partners in the whole sector. In the sector dialogue committee, on the side of the employers, there are four organisations: the KKVSZ,
the Hungarian Road Haulage Association (MKFE), the National Association of Haulage (FUVOSZ), and the Federation of International Private Transporters (NIT). Among the employer
organisations in the committee, in previous years, it was only the KKVSZ that did the “classical” job of employer interest representation, the other three are profession oriented organisations. On the
side of the employees, there are nine organisations in the committee: the KKSZ, the Union of Bus Transport Workers (ADU), the Budapest Transportation Trade Union Association, the
Hungarocamion Workers’ Trade Union, National Association of Road Transport Trade Unions, the Transportation Workers’ Council Association, the LIGA Transport Trade Unions, the Municipal
Public Transportation Workers’ Trade Union, and the National Organisation of International and Professional Drivers (NeHGOSZ).


94 It is not only the KKSZ, which signed the sub-sector collective agreement that participates in the collective interest reconciliation but also the other three trade unions active in the companies, they are: the Workers’
Councils, the LIGA and the Union of Bus Transport Workers (ADU). There is a cooperation agreement in force between KKSZ and LIGA, according to which, KKSZ has representative rights in the basic organisation of
LIGA. Contrary to this, the cooperation with the other two trade unions is not without problems. The rationale behind this derives from the idiosyncrasies of the Hungarian labour legislation, namely, that the employee
interest representation associations have to justify their existence from time to time through participating in the works council elections and they may need to compete against each other as well. The competition as well
as the strong variations in the level of support of the individual trade unions (KKSZ has 60% of the total of employees and 70% of the trade union members) do not favour the development of cooperation. Division on the
employee side, state regulation, the lack of integration of the ownership rights and financing on the employer side, and the financial difficulties the interest representation bodies must face are the factors hampering
interest reconciliation.

                                                                                                                                                                                                                           49
The situation concerning sector interest reconciliation is insecure for the time being. There are several factors hindering the launch of the sector dialogue:
     •    corporate density affects interest reconciliation: where there are numerous companies with different sizes, the organisational level of the trade unions and the employer organisations is
          usually low
     •    in the transport of goods sector, the diversity of employer interests also hampers sector regulation. As a consequence, the trade unions do not have employer partners in the sector
          interest reconciliation process.
     •    The division on the employees side hinders the sector dialogue. According to some, too many organisations take part in the committee, without sufficient competence, which, on the one
          hand breaks up the resources, on the other, leads to imbalance in terms of internal power and interest relations. All this brings about rivalry and lack of trust among the participants. The
          work of the committee is currently held back by the fact that the employee side has been unable to set up a valid code of practice representing the mutual interests of the parties.



3. Organisations active in the sector
Employers’ organisations
The KKVSZ (Közúti Közlekedési Vállalkozások Szövetsége - Association of Road Transportation Enterprises) covers NACE sub-sector 60.21 Other scheduled passenger road transport; 60.24
Freight transport by road. The KKVSZ was founded in 1990 by 37 large enterprises, known as Road Transportation Chamber. The aim of the association was to ensure the representation of
professional interests of road transport operators. Since 1991, it has been working as the KKVSZ. The association now has 63 members active in scheduled bus operation and freight transport. It is
active in two main fields: (1) representing the professional interest of the sub sector (2) working as an employer organisation in the sector and national reconciliation of social interests. The KKVSZ
has a salaried staff of 6 people. The KKVSZ has 63 members. Its members all come from the state-owned bus operator companies and Hungarian large or medium sized private enterprises
operating in road freight transport sub sector. The KKVSZ takes part in consultations at sector level and as a member of the Confederation of the Hungarian Employers and Industrialists (MGYOSZ)
at national level. The association has the right to sign collective agreements at sector level. In 1992 the KKVSZ signed a collective agreement concluded with the Road Transport Union (KKSZ). The
parties concluded the agreement for an indefinite time; however, every year, they renew the wage tariff, which is one of the appendices of the agreement.
The FUVOSZ (Fuvarozó Vállalkozások Országos Szövetsége - National Association of Haulage) covers NACE sub-sector 60.22 – Taxi operation; 60.23 – Other land passenger transport; 60.24
Freight transport by road. The FUVOSZ was set up in 1992 by 11 craftsmen’s corporations mainly from the countryside. Its aim is to represent the professional interests of the small and micro
enterprises operating in road transport services, freight transport and support and auxiliary activities, especially in the countryside. There are no data about how many people the FUVOSZ employs.
The members of FUVOSZ are dominantly Hungarian small and micro enterprises and sole proprietors working in non-scheduled passenger land transport, taxi operating and other services attached
to road transport (e.g. trading in accessories, repairing vehicles, etc.). The original aim of FUVOSZ was to represent the professional interest of its members. Since 2003 it has been active as an
employer organisation.
The MKFE (Magyar Közúti Fuvarozók Egyesülete - National Road Haulage Association) covers NACE sub-sector 60.23 – Other land passenger transport; 60.24 Freight transport by road. MKFE
has been operating since 1991. It was founded as a national affiliate of the International Road Transport Union (IRU). As IRU representative MKFE partly represents the professional interest of the
road transport enterprises and partly regulates their operation (through international standards and certificates). Its members are mainly large and medium-sized Hungarian enterprises operating
mainly in freight transport, but some members are passenger transport operators. MKFE operates as a kind of chamber but, formally, it takes part in the work of the employers’ side of the Sectoral
Dialogue Committee. The dominant members of the MKFE are members of the Association of Road Transportation Enterprises (KKVSZ), the main employers’ organisation in the sector. As KKVSZ

                                                                                                                                                                                                    50
members these companies are under the ruling of the sector collective agreement between the KKVSZ and the KKSZ. In 2003 MKFE concluded a sub sector collective agreement with National
Trade Union of International and Professional Drivers (NeHGOSZ).
The NiT (Magánvállalkozók Nemzetközi Fuvarozó Ipartesülete - Federation of International Transporters) covers NACE sub-sector 60.23 – Other road passenger transport; 60.24 Freight transport
by road. NiT was founded in 1989 in order to represent the professional interests of the Hungarian small- and medium-sized enterprises and sole proprietors operating in international personal and
freight road transport. It has business activities as well: education, insurance and customs administration. It has five companies: assurance, logistic, forwarding agency, travel agency and pension
fund. The NiT has 29 employees in the central office and the local offices in the largest cities. The members are Hungarian small- or medium-sized and micro enterprises and sole proprietors
operating in international personal and freight road transport. NiT is taking part in the work of the employers’ side of the Sectoral Dialogue Committee although is has only recently been operating as
an employers’ organisation.
Employers’ organisations ( 2004 - source : the organisations)
Organisation                     Sub-sectors   Companies   SW         Density     Density     T         CB        National affiliations      European affiliations    International affiliations
                                 covered                              Companies   SW
Original name   English name                   number      number     %           %           yes/no    yes/no    Direct         Indirect    Direct        Indirect   Direct         Indirect
Közúti                       60.21 Other 63
                Association of                             40, 000    0.2         32          No        Yes       MGYOSZ,        Hungarian   No            No         No             No
Közlekedési     Road         scheduled                                                                            STRATOSZ,      Chamber
Vállalkozások   Transportation
                             passenger                                                                            Volan          of
                                                                                                                  Association
Szövetsége      Enterprises  land                                                                                                Commerce
                             transport;                                                                                          and
                             60.24                                                                                               Industry
                             Freight
                             transport by
                             road
Fuvarozó      National       60.22 – Taxi 5,500            n.a.       16          n.a.        No        Yes       No             IPOSZ,      No            No         No             No
Vállalkozások Association of operation;                                                                                          KKVSZ,
Országos      Haulage        60.23      –                                                                                        VOSZ
Szövetsége                   Other land
                             passenger
                             transport;
                             60.24
                             Freight
                             transport by
                             road
Magyar        National Road 60.23       – 1,750            n.a.       5           n.a.        No        Yes       No             KKVSZ       No            No         IRU            No
Közúti        Haulage        Other land
Fuvarozók     Association    passenger
Egyesülete                   transport;
                             60.24
                             Freight
                             transport by
                             road

Magánvállalk    Federation of                  5,000       n.a.       14.3        n.a.        No        Yes       No             No          No            No         No             No
ozók            International 60.23 –

                                                                                                                                                                                                     51
Nemzetközi      Transporters     Other land
Fuvarozó
Ipartesülete                     passenger
                                 transport;
                                 60.24
                                 Freight
                                 transport by
                                 road

SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?



Workers’ organisations95
The KKSZ (Közúti Közlekedési Szakszervezet - Road Transport Trade Union. Sub sector) covers NACE 60.21 – Other scheduled passenger land transport; 60.24 – Freight transport by road.
Before 1990 there were 19 sector trade unions in Hungary. One of them was the Transport Trade Union. In 1990, the local trade union organisations operating in the scheduled passenger road
transport industry left the sector trade union and founded a new trade union called Road Transport Trade Union (KKSZ). Since then, the basis of the KKSZ is the state-owned large bus transport
companies but it has some local organisations at the larger freight transport companies as well. In 1991, KKSZ joined the Autonomous Trade Union Confederation (ASZSZ). KKSZ’s members are
mainly bus drivers, mechanics and technicians. Trade union officials, the trade union committee and its president at company level are elected every 4 years. The main decision-making body is the
congress. It has the right to elect the president, the two vice-presidents and the presidency and to modify the statutes. The presidency gives account of its work every two years. The KVSZ is the
largest trade union at sector level. In 1992 it signed a sector collective agreement, the Association of Road Transportation Enterprises (KKVSZ) which has been in operation since then.
The NeHGOSZ (Nemzetközi és Hivatásos Gépkocsivezetők Országos Szakmai Szervezete - National Organisation of International and Professional Car Drivers) covers NACE60.24 – Freight
transport by road. NeHGOSZ was set up in 1991, in order to represent the interests of international truck drivers. Since 1999, other car drivers have been able to join the organisation. The members
are national and international truck and bus drivers. There are no available data about their number. The statute of NeHGOSZ is not available. NeHGOSZ signed a sub-sector collective agreement,
together with the National Road Haulage Association (MKFE), which has been operating since then.
The LIGA (LIGA Közlekedési Szakszervezetek - LIGA Road Transport Trade Unions) covers NACE sub sector: 60.21 – Other scheduled passenger land transport. The Democratic League of
Independent Trade Unions (LIGA) was the first genuinely independent trade union confederation born as part of the political opposition to the party-state at the end of the 1980s. Now it has 127
member organisations. LIGA has some company level organisations at the Volán companies with the name LIGA Road Transport Unions. The LIGA members are mainly bus-drivers, mechanics
and technicians. The main decision-making body of the LIGA is the congress. It elects the president, the vice-presidents and the presidency. Each member organisation delegates one person to the


95ETF observes that “Vasuti Dologzùok Szabad Szakszervezete (Free trade union of railway workers) which is the trade unions of the railways workers but it has also road transport workers do not appear in the
report”. The expert answers that, according to his source, the VDSZSZ has not been integrated because VDSZSZ, until today has no role of employees' participation in the road transport sector.

                                                                                                                                                                                                            52
trade union council which controls the work of the presidency. Elections are held every four years. The LIGA representatives take part in sub-sector collective bargaining but since they are not
representative they have no right to sign the collective agreement.
The MOSZ (Közlekedési Munkástanácsok Szövetsége - Transportation Workers’ Council Association) covers sub-sector: 60.21 – Other scheduled passenger land transport. It was set up in 1990
as an independent union confederation. Its name refers to the name of the work organisations that were founded during the revolution in 1956. The trade union has relations with the conservative
parties. It operates in the business sector with 240 local organisation and 70,000 trade union members. MOSZ has organisations in 14 branches, among others in road transport as well. The main
decision making body of the confederation is the committee. Each local organisation delegates one member into the committee. It elects the president and the presidency every four years. The
committee has right to make strategic decisions and to change the constitution.


Trade Unions (2004 – source : the organisations)
Organisation                       Type of SW         Members       Members working     Density    T          CB         National affiliations          European affiliations          International affiliations
                                                                    in the sector
Original name   English name       Type               Number        Number              %          yes/no     yes/no     Direct         Indirect        Direct         Indirect        Direct           Indirect
Közúti       Road                  bus     drivers, 16, 000         16, 000             46         No         Yes        Autonomous                     ETF            No              ITF              No
Közlekedési Transport              mechanics and                                                                         Trade Union
Szakszerveze Trade Union           technicians                                                                           Confederation
                                                                                                                         National ,
t
                                                                                                                         Association of
                                                                                                                         Road
                                                                                                                         Transport
                                                                                                                         Trade Unions
Nemzetközi      National           national and n.a.                n.a.                n.a.       No         Yes        National       No              No             No              UICR             No
és Hivatásos    Organisation       international                                                                         Association of
Gépkocsivez     of International   truck and bus                                                                         Workers’
                                                                                                                         Councils
etők            and                drivers
Országos        Professional
Szakmai         Car Drivers
Szervezete
LIGA            LIGA      Road bus   drivers, n.a.                  n.a.                n.a.       No         Yes        Democratic    No               No             No              No               No
Közlekedési     Transport      mechanics and                                                                             League     of
Szakszerveze    Trade Unions technicians                                                                                 Independent
                                                                                                                         Trade Unions
tek
Munkástanácso National             bus       drivers, n.a.          n.a.                n.a.       No         Yes        National      No               No             European      No                 World
k    Országos Confederation of     mechanics and                                                                         Confederation                                 Trade Union                      Confederation
Szövetsége    Workers’             technicians                                                                           of Workers’                                   Confederation                    of Labour
              Councils                                                                                                   Councils
SW: salaried workers
Density: number salaried workers affiliated to the organisation / number of salaried workers in the sector T: Does the organisation take part in a tripartite process? CB: Does the organisation take part in collective
bargaining?




                                                                                                                                                                                                                           53
                                                                                                            LATVIA

1. Description of the sector
Delimitation and activities of the sector
Activities included in the road transportation sector have the same division as those defined by the NACE classification.

Socio-economic features of the sector
In 2002, the transportation, storage, and communication sector made up almost 14.5% of GDP96. 1,000 companies in Latvia are specialized in the transportation of cargo and passengers by road97.
According to the law98, all companies transporting goods and people in Latvia need a permit or licence from the relevant local governmental institution (city or region council). In cases where
companies are involved in international transportation, they require a special licence issued by the Ministry of Transport and Communication. Taxi operations are normally undertaken by privately
owned companies, but their work is regulated by municipalities, which issue licences99 for taxi operation, set fares and control the quality of the services offered. As regards scheduled passenger
land transport, it is regulated by the government, and in most cases is supported from the national or local municipality budget.
Companies
Sub-sectors          Number of companies        Companies without salaried     Companies with < 10         Companies with 10 to   Companies with > than 100
                                                workers (%)                    salaried workers            100 salaried workers   workers
Total Sector                   1,000            No data                        No data                     No data                No data



At the end of 2002, the sector (transportation, storage, and communications) employed 8.7% of the economically active population of Latvia (approximately 86,000 people working in the sector as a
whole). Most workers in the road transport sector itself are drivers, with higher or secondary technical education (in a field related to transportation), or have taken a special auto transportation
course. In 2002, the average gross monthly wage in the sector was only 78% of the average wage in Latvia. Nevertheless, the representative of Latvijas Auto argues that this data is very
approximate, and that the wages of employees working in international cargo transportation are higher than the average wage in Latvia. Such big differences may be explained by the fact that the
wage reported for the whole of road transport includes public transportation, where wages are much lower than in privately owned companies.



96   Central Statistical Bureau of Latvia. More precise information on each sub-sector is not available.
97   Estimation made by Latvijas Auto. It is hard to estimate the number of companies working in each sub-sector as many companies provide mixed services.
98   1995 law on cargo and passenger transportation.
99   There are no restrictions on the number of permits issued.



                                                                                                                                                                                                   54
Workers (2002)
Sub-sectors          Salaried          Other workers    % of salaried         % of workers in            % of workers in           % of workers in companies
                     workers                            workers*              companies with < 10        companies with 10 to      with > than 100 workers
                                                                              salaried workers           100 salaried workers
Total Sector            No data**         No data**            No data                 No data                    No data                     No data
* Total number of salaried workers in the sector divided by the total number of salaried workers in the country
** The information provided by the Central Statistical bureau does not differentiate salaried workers and other workers.
No precise data about the underground economy are available. However, according to the representative of the Ministry of Transport and Communication of the Republic of Latvia, the level of the
underground economy is low for the public transport sub-sector100 and for the international transportation of goods101. The sub-sector that still has potential for an underground economy is taxi
operations, but in recent years, increased control in this sub-sector has led to a sharp decrease of unofficial taxi operations102. However, in the countryside, where the level of governmental control
is low, many local transportation services are offered by companies or people that do not have an official permit.
Every year, the number of companies operating in road transport increases but it is difficult to define this as a real expansion.

2. Industrial relations in the sector
Tripartite concertation
Tripartite concertation happens only at a high level, between the Free Trade Unions’ Federation of Latvia, the Latvian Employers’ Confederation and government representatives. All the decisions
taken by the National Tripartite Cooperation Council, the national level tripartite social process instrument, also refer to the transportation sector of the economy as these decisions have legislative
power. There have been no specific transportation related cases discussed by the National Tripartite Cooperation Council.

Bipartite social dialogue
As there is no public organisation representing the interests of employees, there is only direct social dialogue between employee and employer in each individual company. All labour relationships
are discussed in the framework of the labour contract in accordance with the Labour Law of the Republic of Latvia.
According to the representative of the Free Trade Unions’ Federation of Latvia, any employee in Latvia is entitled to legal consultation in their office. This is also true for transportation related
workers. Even though they do not have an official trade union protecting their interests, they have the right to contact the head office of all trade unions – the Free Trade Unions’ Federation of
Latvia. However, according to the representative of the Free Trade Unions’ Federation there have been no instances of people from the transportation sector seeking help from their office.




100   Because public transport in every region is subsidised by municipalities, the number of unofficial companies working in that sub-sector is very small.
  Licences and other permits introduced by the Government have decreased the level of activity of the underground economy. Additionally, border controls on goods transported to and from the country allows the
101

number of unofficial transporters to be kept low.
102Information   received from the Ministry of Transport and Communication; no statistical data available.

                                                                                                                                                                                                             55
3. Organisations active in the sector
Workers’ organisations
Latvian Public Services Employees Trade Union (LAKRS) represents public services employees but does not have any members from the transport sector (except for tourism, but tourism is a
special sub-group in the NACE classification under “transport, storage and communication”).

Employers’ organisations
Latvian Association of International Road Carriers (Latvijas Auto) is a public organisation that represents employers and companies operating in the freight transportation sector. It was founded in
1990. Latvijas Auto does not participate in tripartite concertation or in social dialogue in terms of employer-employee relationships. The main objective of this organisation is to develop road
transportation and increase its efficiency. To meet this objective, it represents and protects the interests of its members and candidates, as well as those of the whole road transportation sector, in
legal proceedings; it provides members and candidates with practical information on documents and proceedings relating to international conventions (TIR, CMR, AETR, passenger and other); it
establishes working contacts with international and governmental organisations; it controls the implementation of international conventions, legislation and contracts in Latvia; it provides legal
consultations for the association’s members.
Any officially registered company that is connected with cargo or passengers transportation, and has a permit to work in that area (licence, certificate, etc) can become a member of Latvijas Auto.
The registration of candidates and members is completely voluntary and is done by a special organisational body – the Association’s Secretariat. The organisation is funded by the members’ entry
fees, members’ yearly membership fees, income from entrepreneurial activities of Latvijas Auto, donations and other legally allowed income. Usually, the fee is different from one member to
another, and is based on the size and turnover of a company. A general meeting takes place twice a year and at least one fourth of all members have to participate in it.


Employers’ organisations
Organisation        Sub-sectors covered            Companies    SW           Density   Density         T          CB       National affiliations   European affiliations   International affiliations
                                                                             Companies SW
Original name                                      number       number       %         %               yes/no     yes/no
Latvijas Auto           Latvian Association of         785       No data**      90*      No data          No         No                 No                     No                      IRU
                     International Road Carriers
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?
* This figure is based on the total number of companies working with cargo.
** Latvijas Auto declined to provide this information.




                                                                                                                                                                                                        56
                                                                                                       LITHUANIA

1. Description of the sector
Delimitation and activities of the sector
The sector is divided according to the NACE classification. However, the state statistics department only publishes aggregated data for NACE 60, which includes all transport. There are separate
unions for taxi companies (NACE 60.22) and minibus firms (NACE 60.23). However, taxi drivers, in particular, are not unionised.

Socio-economic features of the sector
The sector’s value added represents approximately 2% of Lithuanian GDP and 5% of total Lithuanian employment. The sector is not completely privatised, particularly passenger transport in cities
is operated by local government companies.
Enterprises are almost entirely domestic firms. There are very many small firms with less than 10 employees. Most firms are small passenger transport companies. However, the larger freight
transport firms dominate employment.
The share of female workers specifically in the road transport sector is approximately one quarter. The level of qualifications is very low, about the lowest of all sectors of the economy. Most workers
have only completed secondary education supplemented only by a driving course.
There has been a conflict between the Lithuanian National Road Carriers’ Association (Lietuvos nacionaline vezeju automobiliais asociacija - LINAVA) and the Finance Ministry over taxation. Firms
pay small salaries to drivers but give them large amounts for travel expenses, since these were not subject to taxation. However, the Finance Ministry changed this regulation in 2003 and started
taxing these payments.
There has been 50% growth over the last 5 years in the sector. Road transport has a natural advantage over rail and water, offering a door-to-door service. Lithuanian firms have an advantage in
servicing the EU market’s transport relations with Eastern Europe (language and cultural knowledge).
Companies (2002 – source: Statistics Lithuania)
Sub-sectors           Number of companies         Companies without salaried     Companies with < 10   Companies with 10 to   Companies with > than 100
                                                  workers (%)                    salaried workers      100 salaried workers   salaried workers
 Total Sector 60.2               5,139                        n.a.                          84                    16                        1

Workers (2002 - estimate from expert based on the statistics for the membership of LINAVA)
Sub-sectors          Number of           Number of        % of salaried        % of workers in         % of workers in        % of workers in companies
                     workers             salaried         workers*             companies with < 10     companies with 10 to   with > than 100 workers
                                         workers                               salaried workers        100 salaried workers
 Total of Sector         67,000                 n.a.              5                        27                      51                     22
* Total number of salaried workers in the sector divided by the total number of salaried workers in the country


                                                                                                                                                                                                      57
2. Industrial relations in the sector
Tripartite concertation
There is no tripartite concertation in the sector but LINAVA (the employers’ organisation) has occasional contact with government bodies. Indeed, members of LINAVA are permanent participants in
various commissions and councils organised by the Ministry of Transport and Communications.

Bipartite social dialogue
Collective bargaining and signature of collective agreements takes place only at the enterprise level. There is no formal or informal system of reciprocal recognition by social partners. The main
obstacle to the development of a sector bipartite social dialogue would be the unwillingness of the business association to meet with the union federation. LINAVA argues that the union federation
represents too small a fraction of the workers to be considered representative.
At enterprise level, the players are the individual companies and their respective company unions. Twenty-six sector agreements have been signed, usually in firms with more than 50 workers. The
coverage rate can be estimated at 0.5%. The agreements cover working conditions, working hours, and other compensation issues. They are of 1 or 2 years duration. By law, all workers in a firm
are automatically covered by a collective agreement. However, the union is under no obligation to defend workers that are not members.
Lastly, there are some conflicts in the sector: firms feel that some unions are organised as a racket. They claim that outsiders come to their firm only to extort money from the firm by threatening to
cause trouble if they are not paid off.

3. Organisations active in the sector
Employers’ organisations
The Lithuanian National Road Carriers’ Association - Lietuvos nacionaline vezeju automobiliais asociacija “Linava” (LINAVA) was established in October 1991 on the initiative of 84 carriers, who
had started a freight transportation business in Lithuania. The organisation’s funding is based on the member dues and the sale of services to members. The staff is composed of 44 salaried
workers. Most companies have more than 10 vehicles and operate in freight transport.
LINAVA stresses the good relations among its members. However, one problem is that firms sometimes do not account properly for their costs, leading to a false impression of profitability.

Workers’ organisations
The Lithuanian Federation of Road and Transport Workers’ Trade Unions (Lietuvos keliu ir autotrasnportu darbuotoju profesiniu sajungu federacija) was established in 1990 (in 1989, the previously
existing union separated from Moscow and the union leadership was overthrown at a union congress by Mr. Duksa, the current president of the organisation). The organisation’s funding is based on
members’ dues and has one salaried worker on its staff. Note that the work in the sector involves long hours of travel, making it difficult to unionise the drivers.




                                                                                                                                                                                                     58
Employers’ organisations (2004 – sources: the organisations)
Organisation                         Sub-sectors         Companies         SW        Density      Density        T            CB            National affiliations          European affiliations      International affiliations
                                     covered                                         Companies    SW
Original name       English name                         number            number    %            %              yes/no       yes/no        Direct          Indirect       Direct        Indirect     Direct          Indirect
Lietuvos            The Lithuanian   60.21 Other         630 (and 737      60,000    12           90             No           No            LPK             No             No            No           IRU             UITP
nacionaline         National Road    scheduled           candidate
vezeju              Carriers’        passenger           members)
automoniliais       Association      land
asociacija          “Linava”         transportation
“Linava”                             60.24 Freight
                                     transport by
                                     road
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




Trade Unions (2004 – sources: the organisations)
Organisation                         Type of SW            Members          Members working   Density   T            CB            National affiliations               European affiliations        International affiliations
                                                                            in the sector
Original name       English name     Type                  Number           Number            %         yes/no       yes/no        Direct             Indirect         Direct         Indirect      Direct           Indirect
Lietuvos keliu ir   The Lithuanian   Cargo and             37 trade         1,100             2         No           No            LPSK               No               No             No            No               No
autotransporto      Federation of    passenger             unions with
darbuotoju          Road and         transport (except     2,081 workers
profesiniu          Transport        taxi and bus          (of which
sajungu             Workers’ Trade   drivers), road        1,600 pay
federacija          Unions           construction          their dues).
                                     maintenance
                                     workers.
SW: salaried workers
Density: number of salaried workers affiliated to the organisation / number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




                                                                                                                                                                                                                                   59
                                                                                                      MALTA

1. Description of the sector
Delimitation and activities of the sector
The road transport sector in Malta can be divided into the following sections : Public service buses, coaches, minibuses, hauliers transporting containers, hauliers transporting bulk material (such as
cement), taxis (white taxi owners plus self-drive or chauffeur driven taxis) and horse-drawn cabs. These activities correspond to activities comprises in NACE 60.2.

Socio-economic features of the sector
There are no registered enterprises in the transport service. Every owner of a vehicle is practically a self-employed person (All vehicles operating with a licence are privately owned). There are
people who are owners of more than one vehicle and they may even own a garage from where they conduct their operations. But these tend to be very small business enterprises and those
employed to operate their vehicles are not unionised.
However many service providers depend on government aid in the form of subsidies, grants and exemptions from duties (in the case of public service bus-owners) ; maintenance of quota for
licences (the government has to consult the owners before issuing new licences) ; guarantee of a certain amount of work throughout the year by signing contracts with government ministries.103
The total number of workers in the sector is 2,249104. In terms of employed persons, the sub-sector “freight transport by road” is the largest. The sector contributes to 1% of the GDP at factor cost105.
No data are available regarding the average monthly wage in the sector.
Workers**
Sub-sectors          Salaried          Other          % of salaried       % of workers in           % of workers in           % of workers in companies
                     workers           workers***     workers*            companies with < 10       companies with 10 to      with > than 100 workers
                                                                          salaried workers          100 salaried workers
Other land                  71                  359           0.06                 No data                   No data                     No data
transport
Taxi operation             174                  261           0.14                No data                   No data                      No data
Other land                 203                  370           0.16                No data                   No data                      No data
passenger
transport



  As regards these government aids, the Public Transport Authority (PTA) claims that these are aimed to keep the fares of public transport low rather than to line the pockets of owners of buses. The public transport in
103

Malta is one of the cheapest in Europe.
104   National Statistic Office (NSO) : 2002.
105   National Statistic Office (NSO) : 2002.

                                                                                                                                                                                                                       60
Freight transport          455               356                0.36                   No data                    No data                    No data
by road
Total Sector               903              1346                0.71                   No data                    No data                    No data
* Total number of salaried workers in the sector divided by the total number of salaried workers (in December 2002) in the country
** Provisional figures derived from National Statistics Office (NSO): 2002
*** Self-employed persons and employers
In the road transport sector, the market is totally saturated. Practices of encroachment on a sub-sector by another are frequently observed. This leads to many tensions between the sub-sections of
the sector.
Different competing strategies are adopted by sub-sectors. While the Public Transport Authority (public service buses) tries to keep fares as low as possible, the other sub-sectors try to offer
specialised service for customers. The association WTA also tries to regulate taxi fares so as to eliminate all claims of overcharging, but it believes that, at present, the means of enforcement of
discipline, in cases of reports of overcharging, are rather slack.
The Chef Executive Officer of the MTA (Malta Transport Authority) thinks that a liberalisation of the market is possible which would bring in its process an expansion of transport especially in the
public service. The representatives of various sections within the transport sector (mainly UBS and PTA) do not agree. According to them, the workers are experiencing a reduction in their income106
and they do not see any prospects for expansion in the sector because the market is already saturated.

2. Industrial relations in the sector
Tripartite concertation
There is a provision in the Malta Transport Act for the setting up of tripartite body in the public service section. An article in this Act (number 30) stipulates that there should be a Public Transport
Board composed of the chairperson of the Malta Transport Authority (MTA107) and two members appointed by the Authority – one representing the views of employers and the other of employees in
the public transport section. To date, this board has not been set up.
However, there is an informal tripartite concertation in the negotiation between the MTA and the GWU, which is a trade union representing, in one of its sections, the interests of the “bulk group
cargo hauliers108”. Indeed, the Cement Company Limited, the end user of the cargo transported by these hauliers, is generally involved in the discussions about the adjustment of tariffs. The
signatory parties are the GWU section secretary and the Government representative, in most cases the MTA. The agreement reached does not extend to other group of cargo hauliers.

Bipartite social dialogue
Social dialogue in the Maltese transport sector is at bipartite level but it can be defined neither at “enterprise” nor at “higher than enterprise” level, as there are no registered enterprises in the
transport service. Every owner of a vehicle is practically a self-employed person holding membership in an organisation or association that looks after his/her vested interests. The social dialogue in


106 As regards coach owners, very often they have to submit to the dictates of the tour operators whose power in the tourist sector has grown to such an extent that they can fix prices. In winter an owner of a 53-seater

coach can only earn 70 euros for a full day’s service.
107   Road transport in Malta is regulated by the Malta Transport Authority (MTA).
108   It is a group branch of hauliers who are engaged in the transport of cement and other material related to the construction industry.

                                                                                                                                                                                                                        61
Malta consists mainly of consultation between the Malta Transport Authority109 (MTA) representing the government, and representatives of operators of road transport. These meetings are held very
frequently and deal with particular issues such as new legislation, tariffs, routes (for the public service buses), the Penalty Point System, fuel prices,…110 Additionally, some of representatives of
operators of road transport such as PTA and GWU signs collective agreements with MTA.
Social dialogue in the Transport sector can therefore be defined as “sectional”, as the MTA hold separate consultative meeting with each of the bodies representing the interests of any above
sections. However, if the MTA could organise joint meetings with all these organisations, its social dialogue would be more effective. The various complaints of encroachment, of which these
organisations are accusing each other, could be amicably solved through such joint meetings.

3. Organisations active in the sector111
Workers’ organisations
As has already been emphasised, most of the operators in the transport sector are self-employed, owning the vehicle they use for their transport business. The workers, who are not owners, are
small in number and they either work on a highly personalised form of relationship with the owner or are closely related to the owner112.
General Workers’ Union (GWU) is Malta’s largest union and embraces some workers from the sector within its fold. It comprises 10 sections, including The Maritime and Aviation Section113. This
section embraces within its fold the “bulk group cargo hauliers” (100 members: 25 are registered as owners and the others as employees). This section also has 70 owners of horse drawn cabs as
members. Finally, GWU includes 65 Driving instructors114 (76% of density).
The negotiation entered into by the union on behalf of these cargo hauliers with the MTA, tends to be about adjustment of tariffs (Other issues may be the regulations about lorries). These
negotiations can take the form of an informal tripartite concertation, as the end user of the cargo transported by these hauliers, is generally involved115. As regards the owners of horse-drawn cabs,
negotiations with MTA are about legal notices regulating the operations of these horse drawn cabs. No formal agreement has, to date, been signed on behalf of the driving instructors. However, the
GWU has gained recognition of their representation with MTA. During the regular meetings held between GWU and MTA the following issues have been discussed: The impact of the new driving
test regulations, private learning, tests for foreigners, theory tests and practical examinations content, upgrading of driving instructors, road conditions and signs, safety standards and insurance
requirements, issuing of new licences for driving schools.


109 MTA is a body corporate run by a Board that is appointed by the Minister of Transport and Communications consisting of a chairperson, her/his Deputy and three members. Members of the MTA Board do not
represent any transport union or employers’ organisation. One of the main functions of the authority, according to the Malta Transport Act (1990 amended in 2000) “is to plan or provide or secure or promote the provision
of, a properly integrated, safe, economical and efficient transport system by road by any means presently obtaining or that maybe available in the future” (Article 4.1 a).
110As regards issues discussed in these meetings, the members of the Public Transport Authority stated that they had never been consulted about new legislation. However, that depends on the sub-sector. For
example, the Coop Services Limited (representing interests of minibuses’ owners) stated that the issues discussed in their consultation with MTA are generally about legislation.
111   All the figures in this section have been given by the list of persons contacted who represent their particular organisation.
112The owners operate on the basis of the small family run enterprise. In fact the employees tend to be close relatives of the owners. As such the secretary stated that conflict of interest between owners and employees
hardly ever arises.
113   This section was set up in 1950.
114   The group of Driving Instructors have not yet been organized in any section of the Union.
115   This applies to discussion about the adjustment of tariffs on the Cement Company Limited.

                                                                                                                                                                                                                        62
Employers’ organisations
Unscheduled Bus Service (UBS) is a non-profit making organisation whose main objective is to safeguard the coach owner’s interests and to generate business in the coach transport industry, and
then to re-distribute it evenly to its affiliated members. UBS is funded through 10 % of the profit of the school transport contract it signs with the Minister of Education. The unused part of the 10 % is
redistributed among members. The organisation employs a full-time administrator and two part-timers. Membership is on voluntary basis. Coach owners face what they consider to be unfair
competition from the public transport buses. The latter enjoy various government subsidies allowing them to allegedly compete for unscheduled work at subsidised rates.
UBS does not take part in collective agreements. However, it takes part in consultation with MTA. UBS is a signatory of a service contract with the Ministry of Education for the provision of transport
for school children.
Public Transport Association (PTA) was set up in 1977 to incorporate all buses offering scheduled services in Malta. PTA is mainly concerned with the bus owners not the drivers. It is funded by the
bus owners depending on the revenue of the companies. It employs around 70 inspectors and 10 ticket sellers and office workers.
PTA takes part in consultations with the MTA to represent its view and defend the interests of its members. It also signs collective agreements with the government on behalf of its members. These
agreements are retroactive. The last agreement was signed in 1998 (and covered three years – 1996, 1997 and 1998). It consisted of a package, which included: 1. an increase in fares
(Government’s approval is needed to increase fares); 2. a guaranteed annual revenue for every bus route. If revenue falls short of this guaranteed sum, the government is bound to pay the
difference to the owner; 3. Reforms in the public transport service such as introducing new routes to accommodate the needs of the public. The agreement is signed by the MTA Chairman, the
Transport Minister116 and the PTA president.
COOP Services Limited was set up in 1989117 to organise and manage a minibus fleet to provide an efficient service to the general public. Membership is voluntary. The association is funded
through 5% of the share of the income from the government contract. It employs five full-time workers and a part-timer at its central office. This office operates two main departments: the transport
department and the sales and marketing department. The cooperative also employs five part-time drivers.
The cooperative takes part in consultations to safeguard the interests of the members. These meetings tend to be with the MTA. However, as it is not a registered union, it does not sign collective
agreements. On the other hand, the cooperative has signed a 3-year service agreement with the Ministry of Education to provide transport for schoolchildren.
Ghaqda Koperattiva tal-Burdnara (Hauliers’ Cooperative) was founded in 1987. It focuses on organising its members who are involved in the transport, carrying, transferring and storage of all types
of merchandise. It is funded through a 10% share of the income gained by its members from Sea Malta and also owns 20% of the shares of Containers Storage Limited, a storage place for
containers. It employs a full time person to do administrative work and also a legal advisor on a part-time basis. The cooperative takes part in consultations over issues such as tariffs with MTA.
Association of General Retailers and Traders (GRTU) was established in 1948. It represents the widest cross-section of proprietor-managed enterprises in Malta. The GRTU's policies are geared
towards encouraging and supporting small and medium-sized enterprises within the framework of a functioning advanced market economy. GRTU includes a trade section of Cargo Hauliers
comprising about 90 hauliers, or 88% of the total number of Maltese hauliers. Half of these hauliers are also members of the Hauliers’ Cooperative. They joined GRTU in order to be able to carry out
industrial action. All the consultations with MTA and other entities are held under the GRTU umbrella.




116   While bargaining is conducted between PTA with MTA, the final agreement must be approved by the cabinet of ministers.
117   At this time, it operated under the name of Mini-Bus Coop Ltd. The cooperative went through restructuring in order to meet current and future challenges and in 1999 it changed its name into Coop Services Ltd.

                                                                                                                                                                                                                         63
White Taxis Amalgamated (WTA)118 was set up in 1989 and represents 170 white taxi owners (68% of all white taxi owners). WTA employs two part-time workers and a part-time lawyer. It holds
elections every two years to appoint a managing committee. WTA takes part in consultations with MTA and in the past has taken industrial action against alleged injustices with its members.
Rent-a-Car Association (RACA) was set up in 1973 to safeguard the interest of the owners of garages, which provided passengers with self-drive cars and other means of chauffeur driven cars
booked at their garages. It does not engage in collective negotiation but signs agreements with MTA119.




118   The white taxi service involves picking up passengers from any street, road or place, except bus stops.
119   For example, it has signed an agreement about pick up/drop off locations slots for its members at the airport. Such an agreement is signed by the general secretary and the MTA Chairperson.

                                                                                                                                                                                                     64
Employers’ organisations
Organisation                         Sub-sectors Companies*         SW       Density          Density   T             CB***   National          European affiliations       International affiliations
                                     covered                                 Companies120     SW                              affiliations
Original name       English name                 number             number   %                %         yes/no    yes/no      Direct Indirect   Direct           Indirect   Direct                          Indirect
UBS                 Unscheduled      Coaches     32                          100%                       No        No          No        No      No               No         IRU : Associate member          No
                    Bus Service
PTA -               Public           Route buses    430                      100%                       No        Yes****     No      No        No               No         No                              No
Assocjazzjoni       Transport
Trasport            Association
Pubbliku
Coop Services       Coop Services    Minibuses      No data                  80%                        No            No      No      No        No               No         International Association of    No
Limited             Limited                                                                                                                                                 Tourism Cooperatives
                                                                                                                                                                            International Union of Public
                                                                                                                                                                            Transport
Ghaqda              Hauliers’        Cargo          45                       40%                        No        No          No      No        No               No         CONFIAD                         No
Koperattiva tal-    Cooperative      Transport
Burdnara
GRTU                Association of   Small and      Around 7,000             The overall                Yes**         No      No      No        UEAPME           No         CONFIAD                         No
                    General          medium-        (including               density is
                    Retailers and    sized          around 90 in             unknown but
                    Traders          enterprises    the transport            the density in
                                                    sector)                  the transport
                                                                             sector is 88%
WTA                 White Taxis      Taxis          170                      68%                        No            No      No      No        No               No         No                              No
                    Amalgamated
RACA                Rent-a-car       Garages        95                       95%                        No            No      No      No        ECATRA           No         No                              No
                    Association      operating in
                                     self drive
                                     and
                                     chauffeur
                                     driven car
                                     business
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?



120   The figures correspond to the density of companies within each sub-sector.

                                                                                                                                                                                                                       65
* These are owners and may not always be registered as companies.
** While GRTU takes part in tripartite consultations, consultations in the transport sector tend to be of a bi-partite nature
*** Some of the organisations sign service agreements
**** Collective agreement has been signed with MTA.



Trade Unions
Organisation                    Type of SW     Members       Members working in      Density    T        CB         National affiliations      European affiliations              International affiliations
                                                             the sector
Original name    English name   Type          Number         Number                  %          yes/no yes/no       Direct         Indirect    Direct                  Indirect   Direct                       Indirect
GWU              General        All           47,254         170*                    100        Yes     Yes         MCESD          Din L-art   ETF ; ETUC and others   No         ITF ; ICFTU                  No
                 Workers’       categories of                                                   (but                               Helwa
                 Union          workers                                                         informa
                                                                                                l in
                                                                                                Road
                                                                                                Transp
                                                                                                ort
                                                                                                sector)
SW: salaried workers
Density: number salaried workers affiliated to the organisation / number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?
* GWU also includes 65 Driving instructors (76% density).




                                                                                                                                                                                                                     66
                                                                                                         POLAND

1. Description of the sector
Delimitation and activities of the sector
The area of activity of the road transport sector covers all of NACE group 60.2 “Other land transport”121.

Socio-economic features of the sector
The road transport sector represents 2.3% of GNP (2002) and 1.8% of the working population (2003).
The economic units or enterprises that make up the road transport sector are almost entirely in the private sector (99.8%), mostly unincorporated (more than 98.8%) and of very small size122.
Generally, the number of economic entities has stagnated over the last few years (growth of 0.2% between 2000 and 2004). Nevertheless, the high number of unincorporated entities in the private
sector, almost exclusively made up of self-employed persons working in the taxi and goods transport sector, gives a relatively false idea of the recent evolution of employment in the sector.
In fact, if only public enterprises and corporate entities in the private sector are taken into account, then a net evolution can be noted: an increase of some 27% in the number of enterprises between
2000 and 2004 (3,015 in 2000 and 3,849 in 2004) with a net reduction in the number of public enterprises to the benefit of corporate entities in the private sector. Despite the shortcomings in the
available statistics, it seems reasonable to consider that the number 3,849 represents the best approximation of the number of enterprises with salaried workers in the road transport sector (NACE
group 60.2).
This tendency is also confirmed by examining the data concerning the evolution of the economic units according to their size: for all economic units, irrespective of their size, the growth has been
almost zero over the last four years, but if only those enterprises with more than 9 people are considered then a growth of 16% can be observed between 2000 and 2004 (2,401 enterprises with
more than 9 people in 2000 compared to 2,790 in 2004). Nevertheless, while the number of enterprises seems to have increased slightly over the last few years, the volume of activity has remained
relatively stable.




121Even though the Polish statistics conform to the NACE classification, the availability of data is variable depending upon the required level of precision. Consequently, at the level of the Central Statistical Office, it is
always possible to get data at the division level but on the other hand, it is not always systematically possible to obtain data at a lower level (groups and classes). In this case, for an analysis of the road transport sector,
which is itself a group, the data is already partial at the sector level as a whole and more imprecise when trying to describe the different classes of road transport.
122Central Statistical Office: economic units, quarterly reports 2001 to 2004. The Central Statistical Office includes all economic units that have been registered to perform an activity. This number is certainly overstated
because it includes: economic units that have never started; units that rapidly ceased their activity; and very small units (mostly private unincorporated entities, which mainly consist of self-employed individuals).
Therefore, this number is always higher than that considered by the social partners to be the number of enterprises active in the sector. However, no organisation has indicated a precise number of enterprises for the
whole sector.

                                                                                                                                                                                                                                67
The evolution of the structure of enterprises in the sector described above is explained notably by the phenomenon of diversification, fragmentation, and privatisation of employment in interurban
passenger transport, municipal transport and international transport. The main consequences of an increasing fragmentation of economic units are an increase in unemployment (and therefore
continued mediocre working conditions) and encouragement of undeclared employment, which creates competition which is seen as unfair by some employers.


Companies (2003 - Central Statistical Office: unpublished, recalculated data)
Sub-sectors          Number of companies     Companies without salaried     Companies with < 10       Companies with 10 to   Companies with > than 100
                                             workers (%)                    salaried workers          100 salaried workers   salaried workers
By sub-sectors       n.a.                    n.a.                           n.a.                      n.a.                   n.a.
Total Sector         240,753                 A large proportion of the      238,025                   2,555                  173
                                             238,025 companies with <10
                                             SW

Workers (2003 - Central Statistical Office: unpublished, recalculated data)
Sub-sectors         Number of       Number of         % of salaried         % workers in companies    % of workers in        % of workers in companies
                    workers         salaried          workers*              with < 10 salaried        companies with 10 to   with > than 100 workers
                                    workers                                 workers                   100 salaried workers
By sub-sectors      n.a.            n.a.              n.a.                  n.a.                      n.a.                   n.a.
Total Sector        n.a.            154,100           1.8                   n.a.                      n.a.                   n.a.
* Total number of salaried workers in the sector divided by the total number of salaried workers in the country

2. Industrial relations in the sector
Tripartite concertation
There is a tripartite committee in which representatives from four employers’ organisations participate (Confederation of Polish Employers (KPP), Polish Confederation of Private Employers (PKPP),
Polish Artisan Association (ZRP) and the Business Centre Club – Employers’ Union (BCC-ZP)) and representatives from three workers’ associations participate (the Independent and Self-
Governing Trade Union Solidarność, the All-Poland Trade Union Alliance (OPZZ), and the Trade Unions Forum (FZZ)). The commission is made up of several permanent working groups. However,
none of these are dedicated specifically to the road transport sector (there is no legal obligation to create sector working groups), even though, potentially, all subjects considered important can be
tackled. No collective bargaining has been undertaken in the tripartite framework at the level of this committee. As a result, no collective agreement covering the road transport sector has been
concluded at this level. Moreover, the Polish government has assigned the tripartite committee a more formal advisory role: the member organisations are normally consulted on draft legislative
texts that concern transport. This absence of a structured, ongoing dialogue at tripartite level can be explained by the State’s disinterest (it is almost no longer an employer) and by the dispersal of
the organisations representing workers and the weak representation of the employers’ organisations in some road transport sub-sectors.




                                                                                                                                                                                                      68
Bipartite social dialogue
Legally, the social partners can conclude collective agreements at all levels. The representativeness of the trade union organisations123 is recorded by a court decision. The representativeness of a
national organisation (federation or confederation) infers the representativeness of the unions or associations of which it is composed. When a collective agreement is concluded at a level higher
than an enterprise, the employers’ organisations and/or unions at the supra-enterprise level can request an extension of the scope of the agreement. The Ministry of Labour can, in response to this
request, by way of a decree and if the social interest requires it, extend the totality or part of the scope of the agreement to the workers engaged by an employer not covered by the supra-enterprise
agreement, after consulting the employer. In practise, the government does not use this power124.
At the sector level there are 13 principal organisations that are recognised and active (2 for the employers and 11 for the unions, see table below). The bilateral social dialogue at the road transport
sector level is characterised by its irregularity and its weakness. Several factors explain, no doubt partially, this situation:
      •    the difficulty for the social partners to leave the old mechanisms of social concertation with a State-employer, which allowed a simpler relationship (few participants) and a certain direct link
           with political decision making (nostalgia for the ability to intervene directly on the legislature);
      •    the weak organisation of the employers who do not have an employers’ organisation as such in the municipal transport and taxi sub-sectors. These employers sometimes deliberately
           prefer the strategy of lobbying and defending their own interests to the detriment of social concertation;
      •    the fragmentation and dispersion of the workers’ representation who never mention a global strategy: little common strategy between the trade union federations and little common
           strategy between the different sub-sectors (inter-city transport, municipal transport, freight transport);
      •    the variety of employers: enterprises which are still wholly public, mixed enterprises, the importance of municipal and provincial authorities to the employers, fragmentation of private
           employers…
Moreover, the situation varies greatly from one sub-sector to another:
      •    at the inter-city transport level, the concertation structure is no doubt the most elaborate insofar as it mainly concerns enterprises which are autonomous today but which were part of a
           single national State enterprise (PKS) which has been broken up. It is in this inter-city transport sub-sector that the only collective agreement covering the whole country has been
           concluded.
      •    at the municipal transport level, despite the signature of two collective agreements, the employers are weakly organised and the force of the municipalities is predominant.
      •    at the freight transport level, a net fragmentation and dispersal of enterprises is observed. An employers’ organisation actually affiliates an important proportion of small private employers
           in this sub-sector, which is not found much elsewhere. Nevertheless, this organisation gives priority to its work of defending the interests of its members. As a result there is very little
           general concertation and no collective agreement has been concluded.



  Grouping at least 500,000 workers or grouping 10% of the total number of workers without being less than 10,000 workers or grouping the largest number of workers to which a collective agreement will apply. For the
123

employers’ organisations: affiliating employers that employ more than 300,000 workers, having a national level of business activity, and being active in national economic units for which the principal activity is defined in
more than half of the sections of the Polish Classification of Activities.
124This is for two reasons: on one side, there is an explicit political desire to maintain the autonomy of the social partners in concluding collective agreements, and, on the other hand, there is the fear, particularly in
sectors in difficulty, to aggravate the unemployment problem by imposing expensive social conditions on enterprises that are in a weak financial position.

                                                                                                                                                                                                                            69
        •    where taxi transport is concerned, no systematic, regular concertation has been identified and at the national level, there are no employers or workers’ organisations specific to this sub-
             sector.
In the transport sector, it is mainly at the enterprise level that formal collective agreements are concluded. These generally cover classic aspects of employment relations: working conditions,
wages, working hours, overtime, etc. Generally, once concluded, these agreements are regularly renewed/modified (in principle, every year). In 2003, for the road transport sector (NACE group
60.2) only 30 collective agreements were signed and officially registered. These cover 7,523 workers, i.e. on average, 250 workers per agreement125. These agreements, signed in 2003, only cover
4.9% of the workers in the sector. Nevertheless, a much greater number of workers are covered by an agreement signed in the years before and possibly extended or modified in 2003; these
extensions or modifications were not included in the statistics. Finally, it must be pointed out that the level of representativeness in enterprises is relatively weak (a union that groups 10% of workers
is considered representative). For the unions, if such a system is a guarantee of the freedom of association, it provokes a great deal of fragmentation of the union’s representation and therefore
weakens it. At the enterprise level, the agreements are signed by many organisations that are not affiliated to the nationally representative structures.

3. Organisations active in the sector
Employers’ organisations
There are two representative employers’ organisations in NACE group 60.2. Only one of them has signed a collective agreement.
The All-Poland Motor Transport Employers Federation was founded in 1991. It is active throughout group 60.2 (“Other land transport”) with the exception of class 60.22 (“Taxi operation”) and sub-
classes 60.21A (“Local passenger transport”) and 60.24A (“Specialised freight transport”). Even if it operates in most of the sub-categories of road transport, this association is mainly present in
enterprises providing long distance passenger transport. The federation’s finances are ensured primarily by membership subscriptions and secondarily by sponsorships. The central office employs
three people. The federation participates in the social dialogue at the sector and supra-enterprise levels and signs collective agreements at the supra-enterprise level. It is the only employers’
organisation that has signed the supra-enterprise collective agreement for inter-city transport workers, dated 15 November 1995. This agreement, No U-VIII, is the only agreement with a national
coverage that exists in the road transport sector. Three additional codicils to this agreement (nos. 6, 7 and 8) were signed in January, November and December 2003.
The All-Poland Union of the Road Transport’s Employers was registered in March 2002 by the Poznan court and is mainly active in the freight transport by road sub-sector (NACE class 60.24). The
union’s finances come from membership subscriptions and payment for training given to its members. The union has a permanent office with six employees. The union participates in the social
dialogue at the national sector level but has not signed a collective agreement at that level. It cannot specify how many collective agreements have been signed by its members at the enterprise
level; this number is probably very small insofar as it concerns micro-enterprises. However, the union does not put much stress on collective agreements in the belief that its main priority is to
influence legislative texts and the administrative conditions that apply to road transport (organisation of driving time, axle loading…). It mainly acts as a lobbying organisation aiming to influence
decisions taken by the Ministry of Infrastructure.
The Association of International Road Carriers was founded in 1957. It has 4,300 road carriers in membership. It says it has affiliated more than half of Poland’s recorded goods transport
contractors involved in international transport. The association’s main aim is to advise its members and to provide them with information on international transport. It also represents members
before national and international public authorities, distributes the TIR transport notebook and organises training for its members.



125   Source: Ministry of Labour, Work Inspectorate

                                                                                                                                                                                                        70
The organization states explicitly that it is an association of carriers, and not an employers' association. It does not take part in social dialogue. The Association is a member of the International
Road Transport Union ( IRU-Geneva).
Note that there are other associations, which have not chosen the status of employers’ organisations, but do bring together to a great extent, the smallest employers and help with advice and
support facilities. Therefore, they are not authorised to negotiate with the workers’ organisations, which is probably not seen as a priority by these small employers126.

Workers’ organisations
About ten organisations are representative of workers at the sector level for road transport. Their importance and structure vary greatly. The largest number of organisations is to be found in the
municipal and inter-city transport sub-sectors. Three of them are members of the All-Poland Trade Union Alliance (OPZZ), three are members of Solidarnosc and four are members of the Trade
Unions Forum (FZZ). The last is completely independent. It is among the Forum’s members as well as in the non-affiliated organisation that the most radical claims are to be found as well as the
most negative analysis of the current social dialogue. Dissident elements from other organisations can also be found among some of these organisations.
The Trade Union Federation of Transport and Equipment Employees in Construction “Transbud” was already active during the communist era and was reconstituted in 1983 (the year in which the
unique union system collapsed). It unites workers from all of NACE class 60.24 (freight transport by road). This federation is the heir of the previous unique union and continues to unite almost
exclusively workers from the public enterprise sector, within which the number of workers is constantly diminishing. The organisation’s finances come primarily from membership dues deducted from
the payroll. As the membership is constantly decreasing and it is difficult to collect dues from unemployed members, the union’s income is constantly declining. As a consequence, this federation,
which until recently had a permanent staff of several people, no longer has any staff in its structure. The President performs secretariat duties on his own, on a voluntary (unpaid) basis127. This
federation is authorised to negotiate collective agreements at the supra-enterprise level. However, the last collective agreement was signed by the union in 2000 between the federation and the
Ministries of Employment and Construction.
The Federation of Independent Self-Governing Trade Unions of Employees of Polish Bus Service PKS in the republic of Poland was created in 1983. It unites workers’ representatives from the
Polish National Bus Service (PKS) and subsidiary companies that were created from the national company. The permanent office employs two and a half people full-time. The federation’s finances
come mainly from workers’ subscriptions deducted at source by the employer and partly from revenues from holiday and rest centres. The federation is authorised to negotiate collective agreements
at the supra-enterprise level and has signed the only applicable sector agreement (No. U-VIII). The federation prioritises a strategy of negotiation and concertation over a conflictual strategy, given
the level of generalised poverty in Poland.
The Federation of Independent Self-Governing Trade Unions of Employees of Car Transport in Communication is authorised to negotiate at the sector level for transport.
The PKS Bus Worker’s National Section - NSZZ Solidarnosc is part of the intersector union Solidarnosc created in 1980 and financed by membership subscriptions. This national section employs
two people. It acts mostly in the public inter-city passenger transport sector (NACE sub-class 60.21B).The National Section prefers a strategy of negotiation over conflict because the sector is in
difficulty and suffering from harsh competition. The National Section negotiates supra-enterprise collective agreements on behalf of Solidarnosc’s National Intersector Committee, which is formally



126This is notably the case for the Polish Chamber of Commerce of Car Transport and Shipping (Polska Izba Gospodarcza Transportu Samochodowego i Spedycji) and the Polish Economic Chamber of Urban Transport
(Polska Izba Gospodarcza Kommunikacji Mieskej).
127 Union elections take place every four years, with the next congress scheduled in October 2004. Taking into account the difficult financial situation, the union leaders are currently considering all forms of restructuring –
in particular, transforming the union into a political party.

                                                                                                                                                                                                                               71
authorised to sign these agreements and has delegated its powers. It signed the only nationally applicable collective agreement, which currently exists at the sector level (No. U-VIII): codicils to this
agreement were signed in 2002 and 2003. The National Section is not a member of any European or international structure given the high cost of such affiliations.
The Transporters’ Secretariat of NSZZ “Solidarnosc” is authorised to negotiate at sector level for transport.
The City Transport Workers’ National Section – NSZZ Solidarnosc is also part of the intersector union Solidarnosc. The City transport section has no workers in its structure. The secretariat of this
organisation is assured by voluntary labour. It is authorised to negotiate bilaterally at the supra-enterprise and sector levels: in practice, at the municipal transport level, this negotiation sometimes
ends in supra-enterprise collective agreements that apply to several enterprises in the same municipality or region but are not nationally applicable. The organisation has signed two agreements of
this type128.
The Drivers’ Independent Trade Union. This union organisation unites workers from a dozen enterprises in the public passenger transport and taxi sectors. These enterprises are public and private
companies. The union prefers giving technical advice at the legislative level (organisation of transport, bus lanes, motorization…). This union has not concluded any sector collective agreements.
The Polish Drivers’ Trade Union was created in 1993 and its financing comes entirely from membership subscriptions. Only one person is employed full-time for the union’s activities and, when
needed, three specialists are used on a temporary contracted basis. Its members are mainly workers in municipal and inter-city passenger traffic enterprises and vehicle rental companies. The
union participates in negotiations at the enterprise, supra-enterprise, and sector levels. It is authorised to sign collective agreements and has actually signed the only sector collective agreement that
applies to the sector nationally (No. U-VIII of 15 November 1995 and the four codicils, which were concluded in 2002 and 2003).
The National Section of Transport – “Solidarnosc 80”: this independent intersector union was created in September 1991 and only employs one person working part-time on the union’s activities.
The National Section of Transport of “Solidarnosc 80” participates in negotiations at the enterprise, supra-enterprise and sector levels. It is authorised to sign collective agreements and has actually
signed the only sector collective agreement that applies to the sector nationally (No. U-VIII of 15 November 1995 and the four codicils, which were concluded in 2002 and 2003).
The City Transport Workers’ Trade Union in Poland was created in October 1991. It came out of the Federation of Trade Unions of the City Transport’s Workers in Poland which was created in
1983. One full-time employee performs the secretariat role for the union and is assisted by a legal adviser paid for services provided. This union participates in the supra-enterprise social
consultation in three of the country’s provinces. It is authorised to sign sector collective agreements, nevertheless, given the employers’ lack of organisation in the municipal transport sub-sector, it
has not signed any agreement of this type up until now. At the enterprise level, the union’s members have signed collective agreements but it is not possible to identify how many.
The Federation of Trade Unions of the City Transport’s Workers in Poland was created in 1994 by the amalgamation of four unions from Lodz, Nowe Tychy, Koszalin and Inowroclaw. It wants to be
deliberately apolitical and distances itself from the other more “traditional’ unions which it thinks are too linked to power. Its objective is to give each enterprise union a great deal of autonomy and to
focus on sector issues. Some of the current members were in the Polish Drivers’ Union, which they have left. The union uses part-time salaried employees (a lawyer and an accountant) according
to its needs. The union is authorised to participate in social consultation and to sign supra-enterprise and sector collective agreements. In 1995, it signed a collective agreement for the Slask region
(Katowice-Cracovie) with the sector union of Solidarnosc and the All-Poland Trade Union Alliance (OPZZ). This agreement has since been revoked. At the enterprise level, the federation believes
that total autonomy should exist at this level and does not know how many enterprise collective agreements have been signed by its member organisations. However, this federation now gives
priority to demands, lobbying and defending its members’ interests.




  One agreement for the Slask region (Katowice-Cracovie) in 1995 but it is no more in force today, and one for the main city transports (tramways et bus) of the Warsaw region signed in 1998, and disputed today by
128

municipal authorities.

                                                                                                                                                                                                                 72
The Zwiazek Zawodowy Kierowcow Pekaes Transport is the trade union of a company that carries out freight transport by road (NACE 60.24), established in the coastal city of Szczeczin in north-
western Poland. It counts 170 members. The company has been regrouped with another entity in the city of Blonia, which has another trade union delegation (480 members). These two delegations
of a single consolidated economic entity are not yet regrouped under a single trade union organisation. This trade union in Szczeczin is directly a member of the Trade Unions Forum and directly
affiliated to ETF. This shows a lack of coherence in the structuring of the sub-sector. Because this company trade union has existed for a long time and has been very active, and because there was
little or no structure at the national level for freight transport, the union became directly affiliated to the national umbrella organisation and the European organisation. It is thus, de facto, an
organisation that fits into these structures at the same level as the national organisations for other sub-sectors (intercity and municipal transport), although its activity does not have truly national
scope.




                                                                                                                                                                                                       73
Employers’ organisations (2003 – source: the organisations)
Organisation                      Sub-sectors     Companies     SW            Density      Density      T          CB          National affiliations            European affiliations      International affiliations
                                  covered                                     Companies    SW
Original name   English name                      number        number        %            %            yes/no     yes/no      Direct            Indirect       Direct        Indirect     Direct          Indirect
Ogolnopolski    All-Poland        NACE            132           55,000        3.6129       35.7130      Yes        Yes         CPE               No             No            GEEP,        No              No
Zwiazek         Motor             60.2                                                                                                                                        UNICE
Pracodawcow     Transport         except 60.22,
Transportu      Employers’        60.21A, and
Samochodowe     Federation        60.24A
go
Ogolnopolski    All-Poland        NACE 60.24      3,670         n.a.          95.3%        n.a.         No         Yes         No                No             No            No           No              No
Zwiazek         Union of the      mainly
Pracodawcow     Road
Transportu      Transport’s
Drogowego       Employers Fe
Zrzeszenie      Association of NACE                 4,300      n.a.          4.99131       n.a.         No         No          No                No             n.a.          n.a.         IRU             No
Międzynarod the                   60.24                                                                                                                                                    (Geneva)
owych           international
Przewoźnikó road carriers
w Drogowych
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?



Trade Unions (2003 – source: the organisations)
Organisation                      Type of SW        Members        Members working     Density    T          CB          National affiliations              European affiliations        International affiliations
                                                                   in the sector


129 The estimated density is calculated by relating the number of member companies reported by the organisation to the total number of enterprises in the sector reported by the Central Statistical Office and excluding
the unincorporated entities in the private sector which are thought to be mainly self-employed persons (i.e. in 2003, 3,711 enterprises and in 2004, 3,849 enterprises in total for the sector). According to the President of
the Association, Marian OSUCH, the density at the enterprise level is 132/174 i.e. 75.86%; he is referring to the total number of enterprises in long distance passenger transport and not to the total number of enterprises
in the sector in which his organisation is active.
130The estimated density is calculated by relating the number of workers reported by the organisation to the number of workers in the sector reported by the Central Statistical Office (154,100 workers in 2003 and
156,168 in 2002).
131The estimated density is calculated by relating the number of member companies reported by the organisation to the total number of enterprises in the sector reported by the Central Statistical Office (i.e. in 2002,
386,050 enterprises in the sector 60.24).

                                                                                                                                                                                                                           74
Original name    English name      Type              Number   Number                 %      yes/no   yes/no   Direct         Indirect      Direct   Indirect   Direct   Indirect
Federacja        Trade Union       NACE 60.24        4,150    1,050 (other           0.7    Yes      Yes      APATU          No            No       No         No       No
Zwiazkow         Federation of                                members are on
Zawodowych       Transport and                                the dole or retired)
Pracownikow      Equipment
Transportowo-    Employees in
Sprzetowych      Construction
Budownictwa      "Transbud”
«Transbud »
Federacja        Federation of     NACE              5,000    5,000                  3.2    Yes      Yes      APATU          No            No       No         No       No
Zwiazkow         Independent       Mainly 60.21B
Zawodowych       Self-Governing
Pracownikow      Trade Unions of
Przedsiebiorst   Employees of
w Komunikacji    Polish Bus
Samochodowej     Service PKS in
i Transportu     the republic of
Samochodowe      Poland
go w RP
Federacja      Federation of       n.a.              n.a.     n.a.                   n.a.   Yes      Yes      APATU          No            n.a.     n.a.       n.a.     n.a.
NSZZ           Independent
Pracownikow    Self-Governing
Transportu     Trade Unions of
Samochodowe    Employees of
go Lacznosci   Car Transport in
               Communication
Sekcja Krajowa PKS Bus             NACE              29,582   17,326 (others are     11.2   Yes      Yes      No             Solidarnosc   No       No         No       No
NSZZ           Worker’s            60.21B                     retired)
Solidarnosc    National Section
Przedsiebiorst - NSZZ
w PKS          Solidarnosc
Sekretariat    Transporters’       n.a.              n.a.     n.a.                   n.a.   Yes      Yes      Solidarnosc    No            n.a.     n.a.       n.a.     n.a.
Transportowco Secretariat of
w NSZZ         NSZZ
“Solidarnosc”  “Solidarnosc”
Krajowa Sekcja City Transport      NACE              12,500   12,500                 8.1    Yes      Yes      No             Solidarnosc   No       No         No       No
Komunikacjii   Workers’            60.21A
Mieskiej NSZZ National Section
“Solidarnosc”  – NSZZ
               “Solidarnosc”
Niezalezny     Drivers’            NACE              n.a.     n.a.                   n.a.   Yes      Yes      Forum of       No            CESI     No         No       No
Zwiazek        Independent         60.21 and 60.22                                                            Trade Unions
Zawodowy       Trade Union


                                                                                                                                                                                   75
Kierowcow
Zwiazek          Polish Drivers’    NACE            5,000          5,000               3.2        Yes           Yes   Forum of       No   CESI   No   No   No
Zawodowy         Trade Union        60.21 and                                                                         Trade Unions
Kierowcow w                         60.24C
Polsce
Krajowa Sekcja   National Section   NACE            500            500                 0.3        Yes           Yes   Forum of       No   CESI   No   No   No
Transportu       of Transport –     60.21 and                                                                         Trade Unions
NSZZ             “Solidarnosc 80”   60.24C
“Solidarnosc
80”
Zwiazek          City Transport     NACE            3,997          3,687               2.4        Yes           Yes   Forum of       No   CESI   No   No   No
Zawodowy         Workers’ Trade     60.21A                                                                            Trade Unions
Pracownikow      Union in Poland
Komunikacji
Mieskiej w RP
Zwiazek          Drivers’           NACE 60.24      650            170                 0.11       No            No    Forum of       No   ETF    No   No   No
Zawodowy         Independent                                                                                          Trade Unions
                 Trade Union
Kierowcow        Pekaes
Pekaes           Transport
Transport
Federacja        Federation of      NACE            4,500          4,500               2.9        No            Yes   No             No   No     No   No   No
Zrzeszajaca      Trade Unions of    60.21
Zwiazki          the City
Zawodowe         Transport’s
Prowadzacych     Workers in
Pojazdy          Poland
Komunikacji
miejskiej w RP
SW: salaried workers
Density: number of salaried workers affiliated to the organisation / number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




                                                                                                                                                                76
                                                                                                    ROMANIA

1. Description of the sector
Delimitation and activities of the sector
In general, the road transport sector has two essential components: freight transport by road (NACE class 60.24) and passenger transport (NACE classes 60.21, 60.22 and 60.23). However, the
practical activity within the road transport sub-sectors is not strictly separated (usually, firms undertake both freight transport and passenger transport). Other activities are also included in the
sector: the production of tools, equipment, devices, and accessories needed by road transport operators, the production and sale of means of ground transport. This situation does not have a
negative influence upon the collective negotiations, as they are developed by groups of units.

Socio-economic features of the sector132
The transport sector produces about 9.8% of total GDP in Romania. In 2001, the added gross value of the transport and storage sector was 5.8% of total gross added value133. The majority of firms
(99.4%) belong to the private sector (only 0.6% of firms have a majority of state capital but their employees correspond to 33.0% of the whole labour force within the sector)134.
Companies (Dec. 2002)135
Sub-sectors           Number of Companies         Companies without salaried   Companies with ‹10    Companies with 10 to      Companies with › 100
                                                  workers (%)                  salaried workers      100 salaried workers      workers
NACE class 6021           1,545                     40.8                            43.5               11.5                      4.1
NACE class 6022           1,282                     43.8                            50.0                 5.6                     0.5
NACE class 6023           2,171                     33.6                            57.5                 4.8                   -
NACE class 6024          8,819                      36.5                           53.1                  9.6                      0.8
Total Sector            13,817                      37.8                           52.4                  8.7                      1.0
Source: National Institute of Statistics




132The official statistical data do not always reflect the situation of road transport, because when the firms are registered, for their inclusion into a certain category, only the main commercial activity is considered.
However, reality shows that many firms have commercial activities other than transport, but for their needs they use their own large fleets of vehicles and labour force, which “escape” from the road transport statistics.
There are also cases when certain firms with a particular type of activity are undertaking road transport activities for others, and they also “escape” from the statistics.
133 National Institute of Statistics, Romanian Statistical Yearbook, 2003, page 272-280. However, it should be mentioned that the official statistics on the transport sector includes all types of transportation (ground,

railways, aerial and naval), as well as the activities of storage and communications.
134   Source: National Institute of Statistics.
135The provisional data for the first semester of 2003 registered a few differences in comparison with the data presented: the reduction to 541 of the number of firms; the number of firms without employees was reduced
by a third, firms with 1-9 employees increased by a third, and firms with 10 – 49 employees increased to 639.

                                                                                                                                                                                                                         77
Workers (Dec. 2002)136
Sub-sectors           Salaried          Other workers      % of salaried          % of workers in        % of workers in            % of workers in companies
                      workers                              workers*               companies with ‹10     companies with 10          with ›100 salaried workers
                                                                                  salaried workers       to100 salaried workers
NACE class 6021         52,407                 944           1.14                       3.2                  13.5                       83.3
NACE class 6022          5,781                1,038          0.13                     27.1                   31.6                       41.3
NACE class 6023          5,581                 850           0.12                     58.4                   39.7                        1.9
NACE class 6024         49,098                4,128          1.04                     25.6                   44.1                       30.2
Total Sector           112.,867               6,960          2.44                     16.9                   29.0                       54.0
* Total number of salaried workers in the sector divided by the total number of salaried workers (in December 2002) in the country
Source: National Institute of Statistics
On the whole, the qualification level of employees is secondary level. 24.5% of the workers in this sector are women (mainly as employees)137. The average monthly gross salary in January 2004
was 251 euro138 (transport and storage). At national level, the underground economy is estimated to be 18% and is decreasing139. For the period 1997– 2002, a reduction of the activity in the
transport sector (road, railways, aerial, and naval) was registered. The explanation for the period 1997–2000 might be the weak rhythm of economic development. For 2001-2002, which
corresponds to important periods of economic growth, the explanation might be the increase of private vehicles, which develop the activities of merchandise/passenger transport independently, and
these activities are not included in any statistics.

2. Industrial relations in the sector
Tripartite concertation
There is no tripartite social dialogue within the sector. However, certain representatives of the employers’ associations and trade unions (CSNTR (indirectly), FNSSR, USLMA, ARTRI (as a guest),
UNTRR, URTP and FNPTRR) participate in the social dialogue commission from the Ministry of Transport, Construction and Tourism. This dialogue within the sector is better developed at the level
of the local transport sub-sector (dialogue among employees’ associations, trade unions and local authorities (town halls, prefectures)). These discussions do not have a legal character. They are
meant to find solutions to certain problems140 and sometimes lead to the conclusion of agreements.

Bipartite social dialogue
Within the sector, collective negotiation is held at the branch level, the group of units level and the enterprise level. The conditions of the collective work contract at a superior level are minimal and
obligatory for the lower levels. An agreement, once signed, acquires legal power and must be respected by the signing parties. Social partners’ representation and recognition is regulated by the



136   The provisional data for the first semester of 2003 registered that the number of employees decreased by 3,810 employees.
137   National Institute of Statistics, Romanian Statistical Yearbook, 2003, page 99.
138   National Institute of Statistics, Monthly Statistical Bulletin, no. 1/2004, page 60.
139There    are no official data referring to the underground economy within the sector. Source of this figure: www. newz.ro, June 12, 2003.
140   For example, route licenses, schedules for public transport, improvement and development of the vehicle fleet, drivers’ protection on certain routes and during the night, etc.

                                                                                                                                                                                                         78
Law141. Most of the social partners consider that the bipartite social dialogue within the sector is developing satisfactorily. A minority considers that it takes place under crisis conditions only and
sometimes they describe it as “just going through the motions142”. One of the obstacles for the development of the bipartite social dialogue is represented by the fragmentation of the sector’s social
partners into a high number of employers’ and trade union structures.
At sector level143
The players negotiating at this level are the trade unions and the employees’ associations, which are representative at this stage. There are no conflicts regarding the acknowledgement of
representation. During the period 2002 – 2004, a collective work contract and an additional act have been signed (the Law stipulates the obligation of having a collective work contract). The parties
were the CSNTR and the National Confederation of the Romanian Owners’ Associations (CNPR). This contract represents a negotiating base for the lower levels. It focuses on working hours,
working conditions, employment protection, salary and other financial rights, holidays and free days, individual work contract, professional training. Legally, the coverage ratio of collective
agreements to the number of enterprises is 100%. In fact, the contract applies to enterprises represented in negotiations and also upon “other units from the branch of transports and related
activities which are not mentioned within the annex but where CSNTR has trade union members”144. However, most of the transport firms are micro-enterprises or small firms so they cannot have
trade unions145. Consequently, the contract does not apply to them and the legal coverage rate applied to the number of enterprises cannot be considered. As regards the procedures of extending,
“the stipulations of collective work contracts have effects on all the employees registered within the units in the branch for which the collective work contract has been signed146”. However, the
owners of firms without trade unions do not take into consideration the collective work contract at the branch level because there is no collective work contract at the enterprise level147. The
coverage rate reported to the number of employees is 33.0%148 and all the employees’ categories are covered by the contract.
At higher than enterprise level
This level is defined as the “group of units level”. This is an intermediary stage between the branch/sector level and the enterprise level. It usually comprises units that have relatively similar
activities. Two agreements have been signed at this level: one for the vehicle transport section (signed every year; the last one was signed on January 12, 2004) and one for the local transport
section (signed for three years; the last one was signed on July 1, 2003). For the vehicle transport section, the employers’ representatives are CNPR, FNPTRR and URTP. The employees are
represented by FNSSR. For the local transport section, the signatories for groups of units are URTP and TRANSLOC. The content of these agreements regards working conditions and employment
protection, salaries and other financial rights, working hours and holidays, employees’ social protection and professional training. The enterprise coverage rate is more than 45% (estimated). For the




141   Law 130/1996 regarding the Collective Work Contract, modified and completed by Law 143/1997.
142   That means that there is a debate between trade unions and employers’ organisations but finally, the employees’ problems are not taken into account by the employers.
143   The collective contract at the sector level applies to all transport (road, railways, aerial and naval), not only the road transport.
144   Source: The Official Monitory of Romania, year VI, no.3/2002, the unique Collective Work Contract on transport branch, 2002 – 2004, Annex 5, page 20.
145   “to set up a trade union organisation a number of at least 15 persons is required”. Source: Law 54/2003, Trade Unions’ Law, Article 2, paragraph 2.
146   Law 130/1996 regarding the Collective Work Contract, Article 11, letter c.
147This situation is caused by a lack of structures that should control and impose the law of collective work contract, whose stipulations are imperative: “collective negotiation on unit level is compulsory, excepting the
units with less than 21 employees”.
148   Source: Social Partners’ estimation.

                                                                                                                                                                                                                          79
number of employees, the coverage rate is almost 60%149. Collective agreements apply to all the employees within the units that are part of the groups of units for which the work contract at that
level has been signed; all social and professional categories are covered. This stipulation is, first of all, respected by the firms represented in negotiations and by those having trade unions.
At enterprise level
“Collective negotiation at unit level is compulsory, except for units with less than 21 employees150”. The signatories are the employer represented by the leading body of the enterprise and the
employees represented by representative trade union organisations151. There are no data on the number of collective work contracts signed at this level but the union federations estimate that all
the units with affiliated trade unions have signed collective work contracts. The content of these agreements is generally similar to the branch or group of units contracts with a specificity for each
and every unit. The validity of an agreement is normally one year. The enterprise coverage rate is 42% and the employee coverage rate is about 60%152. According to the law, “the conditions in the
collective work contract effects upon all the employees within the unit, no matter when they have become employed or if they have been affiliated to a trade union organisation within the unit”153;
therefore, all categories of employees may benefit from the conditions in the collective work contract.

3. Organisations active in the sector
In Romania, the trade unions and the employers’ federations are not structured according to a certain type of activity: they include companies and trade unions representing all types of activities.
The TRANSLOC Federation and employers’ association are exceptions to this rule.

Workers’ organisations
National Trade Union Convention of the Transporters from Romania (CSNTR) was created in March 2000 by 14 trade union federations from all the sub-sectors of the transport field154, in order to
fulfil the conditions of representativeness for the branch level. CSNTR does not have its own employees. It signed the unique collective work contract at the transport sector level and participates in
all the social dialogue structures but indirectly, through the delegates of the affiliated federations.
The Federation of Romanian Vehicle Transporters’ Trade Unions (STAR) was constituted in March 1990. It does not have its own employees. STAR plays a part in consultation meetings at the
sector, group of units and enterprise levels. Discussions mainly deal with the “institutional development” for road transport155. At the enterprise level, the dialogue is related to compliance with the
conditions in the collective work contract, to the re-negotiation of certain requirements of the collective agreement, to the management of the company, etc. At the “group of units” level, the
Federation signed a collective work contract for the period 2002 – 2003.




149   Source: Social Partners’ estimation.
150   Law 130/1996 regarding the Collective Work Contract, Article 3, paragraph 1.
151   If there are no trade unions or not all the employees are union members, the employees’ elected representatives will represent them.
152   Source: Social Partners’ estimation.
153   Law 130/1996 regarding the Collective Work Contract, Article 9.
154   Meaning road, railway, aerial, naval, and underground transport.
155   Especially development of certain specialised institutions that would administer the private retirement fund, the private fund for health and the special fund for professional re-conversion

                                                                                                                                                                                                      80
The National Federation of Drivers’ Trade Unions from Romania (FNSSR) was constituted in 1990. It represents employees from the road freight or passenger transportation sectors and for
transport activities within the construction sector. It has 5 employees. FNSSR plays a part in consultation meetings at the sector and enterprise levels156. It takes part in negotiating and signing
collective work contracts at the group of units level (for the vehicle transport section). As a member of the CSNTR, it also signs the unique collective work contract at the branch level. It also
participates in the tripartite social dialogue with the Ministry157.
The TRANSLOC Federation was founded in March 1990 and is representative at the national level for local public passenger transportation (buses, trolley buses, and tramcars). It has no
employees. TRANSLOC plays a part in consultation meetings at the branch, group of units, and unit levels158 and in consultation meetings with the Ministry. TRANSLOC takes part in negotiating
and signing collective work contracts at the group of units level (for the local transport section). As a member of CSNTR, it also signed the Unique Collective Work Contract at the transportation
branch level.
The Union of Subway and Aviation Trade Unions (USLMA) is a federative trade union organisation159. It has 5 employees. USLMA play a part in consultation meetings at the branch and unit levels.
It also takes part in consultation activities in commissions and sub-commissions of the Transport Ministry (to which the subway belongs). At the unit level, it participates through representatives in
the administration board. At the transportation branch level, it directly negotiated and signed the collective work contract for the period 2002-2004 as a member of CSNTR. It also negotiates and
signs, directly, the collective work contract at the unit level.



Employers’ organisations
Romanian Association for International Road Transports (ARTRI) was established in 1991. It employs 60 people. Most of the firms represented are private capital firms. The Association takes part
in consultation meetings at the sector level. It participates in discussions with representatives from the Customs and the Administration and Internal Affairs Ministry, as well as with commissioners of
the owners’ associations from the transport field. The Association’s representatives are also participating, as observers, in the social dialogue commission from the Transportation, Constructions
and Tourism Ministry. ARTRI does not negotiate or sign collective work contracts at any level.




156 At sector level, the discussions concern specific problems of transporters: road legislation, improvement of traffic conditions, transporters’ relations with the customs service, traffic police. At the enterprise level, the

dialogue is related to specific, topical aspects of the employees’ relations with the employers.
157 ETF states that “FNSSR isn’t anymore a member of ETF , ETUC, ITF , ICFTU, WCL USLMA isn’t a member of WCL”. The expert answers that the organisation is still member of ITF. It is true that due to some
financial problems, the federation has not been able to pay its fees on a regular basis. This can be an explanation of a potential exclusion but FNSSR has not received any official information about an exclusion. FNSSR
is affliated to CNSLR-Fratia. This latter is affiliated to ETUC, ICFTU and WCL, so FNSSR is indirectly affiliated to ETUC, ICFTU and WCL.. Same observation can be formulated concerning USLMA which is affiliated to
BNS. This latter is affiliated to WCL , so USLMA is indirectly affiliated to WCL.
158At branch level it has consulting and social dialogue activities with the employers’ organisation, who represents the local passenger transportation and its interests, and with the representatives of Local Councils, upon
which most of the local transportation companies depend, and with the representatives of the local transportation companies’ Administration Committees.
159It   comprises three trade union organisations: “Unitatea” Trade Union, the Independent Subway Trade Union, the Airway Pilots’ Trade Union.

                                                                                                                                                                                                                                81
The National Union of Road Hauliers from Romania (UNTRR) was established in 1990 and employs 84 people. Most of the firms represented are private capital enterprises. UNTRR plays a part in
consultation meetings at all levels160. As a member of CNPR, UNTRR signed the unique Collective Work Contract at the transport branch level during 2002 – 2004, as well as, every year, the
collective work contract at the road transport sub-sector level (group of units level).
Romanian Union of Public Transport (URTP) functions as an owners’ association (for buses, trolleybuses, and trams) and was created in 1990. It employs 3 full-time and 3 to 7 part-time employees
(depending on the organisation’s needs for a certain period). Most of the firms are medium or large enterprises; 2/3 of them have state owned capital. URTP takes part in consultation meetings at
the sector, sub-sector and enterprise levels161 and also in tripartite consultation meetings162. It negotiated and signed the Collective Work Contract for the local public transport sub-sector in 2003. It
does not take part in Collective Work Contract negotiations at the unit level, because this is responsibility of the Administration Council.
Employers’ National Federation of Road Transporters from Romania (FNPTRR) was created in 2003. It employs 6 people. All types of firm are represented and all are with Romanian private capital.
FNPTRR takes part in consultation meetings at the sector level163 and at the enterprise level (when it is asked for). It also takes part in Collective Work Contract negotiations and signing at the level
of groups of units, within the vehicle transport section. It does not participate in Collective Work Contract signing at the enterprise level, because this is the responsibility of the employers or the
management of each enterprise. The Federation participates in tripartite negotiation as a member within the Social Dialogue Commission from the Transportation, Constructions and Tourism
Ministry.




  It contributes to the Social Dialogue Commission from the Transportation, Constructions and Tourism Ministry, to the Social Dialogue Commission from the Prefectures, as well as to certain consulting councils like the
160

National Agency for Work Force Occupation (ANOFM), District Agencies for Work Force Occupation (AJOFM) and other structures for social dialogue.
161 The main dialogue aspects concern proposed legislation in the field, before the executive or legislative forums approve them. On the other hand, there are general aspects regarding the public passenger transport
(public passenger transport self-financing,…). The social dialogue partners are the representative trade unions within the sub-sector and the representatives of local councils (to which most of the local public transport
firms belong to).
162 Discussions between the employees’ association (URTP), the representative trade union for the group of local transport units (TRANSLOC) and, usually, the representatives of local authorities or, in certain
circumstances, of the Transportation, Constructions and Tourism Ministry, in order to solve general problems or certain specific matters in the field.
163It contributes to discussions within road transport structures from the Transportation, Constructions and Tourism Ministry, as well as within the local administrations and within the prefectures, in order to solve certain
problems such as route licenses for passenger transport, transit points, the improvement of traffic conditions within urban high traffic, legislative amendments in the field of road transport, etc

                                                                                                                                                                                                                             82
Employers’ organisations
Organisation                         Sub-sectors    Companies SW         Density   Density          T         CB       National affiliations                  European affiliations         International affiliations
                                     covered                             Companies SW
Original name     English name                      number    number     %         %                yes/no    yes/no   Direct                      Indirect   Direct             Indirect   Direct                Indirect
     ARTRI-          Romanian        Merchandise      2,058    No data     14.9%     No data         Yes        No       SIAR, as a full rights        No     BSEC-URTA              No     IRU, as a full rights     No
    Asociatia      Association for       road                                                                                 member                          as a full rights                   member;
Romana pentru       International    transporters                                                                                                                member                     IRF, as a full rights
  Transporturi    Road Transports                                                                                                                                                                member;
     Rutiere
 Intrenationale
    UNTRR-          The National     Merchandise      7,424    55,000      53.7%         48.7%          Yes    Yes      CNPR, as a full rights      ACPR            No            UNICE             IRU,             No
    Uniunea        Union of Road      transport;                                                                            member                                                             as a full rights
   Nationala a     Hauliers from      Passenger                                                                                                                                                  member;
   Transporta-        Romania          transport                                                                                                                                             IMMTA, as a full
  torilor Rutieri                                                                                                                                                                             rights member;
  din Romania                                                                                                                                                                               IRF, as a full rights
                                                                                                                                                                                                 member;
                                                                                                                                                                                              PRI, associate
                                                                                                                                                                                                  member
    URTP-           Romanian Union    Passenger        55      33,750       0.39 %        29.9%         Yes    Yes      National Federation of        No           VDV              No         UITP, as a full       No
   Uniunea             of Public       transport                          (72.5% of     (86.5% of                             the Owners’                                                     rights member;
  Romana de           Transport          (public                         firms in the   SW in the                      Association from Public                                                POLIS, as a full
   Transport                          transport)                             public       public                        General Concern from                                                  rights member.
    Public                                                                 transport    transport                      Romania, as a full rights
                                                                             sector)      sector)                               member;
                                                                                                                        AGIR, as a full rights
                                                                                                                                member;
                                                                                                                          ITS, as a full rights
                                                                                                                                member.
   FNPTRR-          Romanian Road    Merchandise      3,052    No data     22.1%        No data         Yes    Yes       UGIR-1903, as a full         No            No              No              No               No
    Federatia          Transport      transport;                                                                            rights member
    Nationala         Employers’      Passenger
  Patronala a          National        transport
 Transportato-        Federation
rilor Rutieri din
    Romania
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?

                                                                                                                                                                                                                             83
Trade Unions
Organisation                        Type of SW        Members      Members           Density       T         CB       National affiliations                  European affiliations           International affiliations
                                                                   working in the
                                                                   sector
Original name    English name     Type               Number        Number            %             yes/no    yes/no   Direct                      Indirect   Direct            Indirect      Direct            Indirect
     CSNTR-       National Trade     White / blue     150,000*        150,000*           33.0164     Yes      Yes               No                    No           No                 ETF;            No          ICFTU;
    Conventia          Union       collar; qualified                                               (indire                                                                           ETUC.                          WCL
    Sindicala      Convention of       workers;                                                      ctly)
   Nationala a   the Transporters     technical,
Transportatorilo from Romania      economic and
 r din Romania                      administrative
                                  with medium and
                                  superior studies
      STAR -      The Federation     White / blue      30,000           30,000           26.6165    No166     Yes       The Trade Union              No      ETF, as a full          ETUC     FIOST, as a         ICFTU;
    Federatia      of Romanian     collar; qualified                                                                  Confederation “ALFA                    rights member                     full rights         WCL
   Sindicatelor       Vehicle          workers;                                                                       Cartel”, as a full rights                                                 member
   Transporta      Transporters’      technical,                                                                             member
   torilor Auto    Trade Unions    economic and
     Romani            STAR         administrative
                                    with medium
                                     and superior
                                       studies
     FNSSR -       The National      White / blue      15,000           15,000           13.3167       Yes    Yes      CNSLR-Fratia,,as a            No       ETF, as a full         ETUC     ITF, as a full      ICFTU;
    Federatia      Federation of   collar; qualified                                                                   full rights member;                   rights member                   rights member         WCL.
   Nationala a    Driver’s Trade       workers;                                                                         CSNTR, as a full
   Sindicatelor     Unions from       technical,                                                                         rights member
  Soferilor din      Romania       economic and
    Romania                         administrative
                                    with medium
                                     and superior
                                       studies
    Federatia    The TRANSLOC        White / blue      26,000           26,000        66.7% (of        Yes    Yes      BNS, as a full rights         No           No                 ETUC     ITF, as a full      ICFTU;
    Sindicala       Federation     collar; qualified                                   the total                           member;                                                           rights member         WCL
 “TRANSLOC”                            workers;                                       SW in the                         CSNTR, as a full



164 This figure is based on the total number of salaried workers working in the transport sector including rail, road, air, naval transport, as well as storage and communications: 458,000
165 This figure is based on the total number of salaried workers working in the road transport sector: 112,867
166 STAR participates indirectly in national tripartite concertation through the Confederation to which it is affiliated (Alfa Cartel) but does not participate in the sectoral social dialogue commission from the Ministry of

Transportation, Constructions and Tourism.
167   This figure is based on the total number of salaried workers working in the road transport sector: 112,867

                                                                                                                                                                                                                            84
                                      technical,                                    local public                       rights member
                                    economic and                                     passenger
                                    administrative                                  transportati
                                     with medium                                       on sub-
                                     and superior                                   sector only :
                                        studies                                        39,000);
                                                                                    23% (of the
                                                                                     total SW in
                                                                                      the Road
                                                                                      transport
                                                                                        sector :
                                                                                      112,867)
   USLMA -          The Union of      White / blue      5,200          5,200          98.0% (of     Yes     Yes       CSNTR, as a full       No    ETF, as a full   ETUC    ITF, as a full      ICFTU;
   Uniunea          Subway and      collar; qualified                                  the total                       rights member              rights member            rights member         WCL;
Sindicatelor din   Aviation Trade       workers;                                      SW in the                      BNS, as a full rights                                                   USA United
   Metrou si          Unions           technical,                                      Subway                             member.                                                            Transporters
    Aviatie                         economic and                                          and                                                                                                Trade Union
                                     administrative                                    Aviation                                                                                               ,relation of
                                    with secondary                                   sub-sector                                                                                              cooperation
                                        or higher                                   only: 5,300)
                                      education.
SW: salaried workers
Density: number of salaried workers affiliated to the organisation / number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?
*This figure includes all transport sub-sectors, including rail, road, air, naval transport, as well as storage and communications.




                                                                                                                                                                                                             85
                                                                                         SLOVAK REPUBLIC
1. Description of the sector
Delimitation and activities of the sector
The Road Transport Sector in the Slovak Republic corresponds to the NACE classification code 60.2. From the national economy perspective the sector includes transport, post and
telecommunications and includes enterprises providing services in the fields of public and non-public transport, posts and telecommunications. This study will take into account the following
activities:
        •    Public transport includes enterprises with transport as a main activity providing the inland and international transport of goods and passengers including supporting and auxiliary transport
             activities (excluding travel agencies)168.
        •    Non-public transport includes incorporated enterprises which are classified according to their core activity into classes different from transport. They provide transport for their own needs
             or for their contractual partners.
        •    City transport is provided by the city transport companies in Bratislava, Kosice, Presov, Banska Bystrica and Zilina. In other towns in the country transport is provided by coach
             passenger transport companies (which is still partially true about Banska Bystrica).

Socio-economic features of the sector
The importance of the sector to the national economy of the Slovak Republic is more strategic and that of service in public interest than its importance expressed in financial means or amounts. In
2004, the sector (transport, storage, posts and telecommunications) represents 9.3% of the total GDP and 6.48% of the total employment in the country. Within the passenger transport sector the
enterprises known as the Slovak Coach Transport (Slovenska autobusova doprava – SAD) account for approximately 80 % and the Freight Automobile Transport (Nakladna automobilova doprava –
NAD) account for 35 % of the transport services in their respective areas.
Privatisation in the public transport area has not been accomplished yet. Within the Slovak Coach Transport, 3 companies are owned in a majority share by new owners, 4 are owned 100% by the
National Property Fund (Fond narodneho majetku – FNM). This latter is a majority owner (51%) of 10 other companies. In 2003, approximately 10,600 employees worked for the Slovak Coach
Transport and approximately 2,000 (18.86%) of them were white-collars, the others being blue-collars. In Freight Automobile Transport, the number of employees for the same period was
approximately 1,800 and the ratio of white-collars to blue-collars is the same as the Slovak Coach Transport, i.e. 20:80. The category of drivers prevails (more than 50 %). The qualification levels
differ across the companies from unskilled workers through secondary school leavers up to university graduates. The latter represent mostly middle and top management. The number of women
working in the transport sector is very low, estimated at 10%169. They almost exclusively work in white-collar positions.




168   Data on public transport are for all the incorporated transport enterprises and craftsmen registered in the Craftsmen Register.
169   Estimate provided by the Independent Trade Union of Public Road Transport (Nezavisly odborovy zvaz verejnej cestnej dopravy – NOZVCD).

                                                                                                                                                                                                        86
Following Privatisation, competition between individual enterprises of the Slovak Coach Transport increased dramatically. The entry of new private companies even accelerated the struggle,
primarily the one for the lucrative routes. The result is over saturation of the market on the one hand and absence of coverage of unprofitable routes on the other. Negative consequences are job
cuts in some companies as well as problems with the vehicle fleet, which is not being replaced.
There are no data available on the grey economy in this sector, however, it is thought that some transport providers are chartered, but they are not licence holders for the particular routes.
Companies
Sub-sectors       Number of companies Companies without                     Companies with < 20       Companies with 20 to     Companies with > than
                                      salaried workers -                    salaried workers          100 salaried workers     100 salaried workers
                                      craftsmen (%)
n.a.                      n.a.                   n.a.                                 n.a.                        n.a.                     n.a.

Workers (2002 – source: Statistical Yearbook of the Slovak Republic 2003, Veda 2004)
Sub-sectors       Number of         Number of             % of salaried     % workers in              % of workers             % of workers in
                  workers           salaried workers      workers*          companies with < 20       companies with 20 to     companies with > than
                                                                            salaried workers          249 salaried workers     249 salaried workers
Public road            34,038              22,949                n.a.           4,340 (18.9%)             6,310 (27.5%)              12,299 (53.6%)
transport
(including city
transport)
* Total number of salaried workers in the sector divided by the total number of salaried workers in the country

2. Industrial relations in the sector
Tripartite concertation
Tripartite concertation applies to the road transport sector in two ways.
The first is a general tripartite level bargaining conducted by the government and the top bodies (confederation) of employers and trade unions’ organisations (Council of Economic and Social
Concertation). The agreement signed at the national level does not have the power of law. It stemmed from the equal position of all the social partners, their mutual respect and trust – it is a
gentleman’s agreement. This agreement sets the framework for the mutual relationships for a one-year period or longer. It projected the basic direction of developments in the national economy, set
the fundamental guarantees in the social sphere, and established a basis for legislation. There is no problem in recognition of social partners at this level and thus, no new or informal partners are
active in the collective bargaining at this level170.
Since 1995, in addition to the “general” tripartite level bargaining in the transport sector, there has been sector tripartite bargaining (called the Sectoral Council of Economic and Social
Concertation (ORHSD)), which includes representatives from the Ministry of Transport, Post and Telecommunications of the Slovak Republic (MDPT SR), the National Property Fund of the Slovak


170Lately the Government of the Slovak Republic has not attached much significance to the tripartite bargaining (many issues were discussed under time pressure and the agreed results were ignored) and,
consequently, in May 2004 it suggested revoking the Act on Tripartite No. 106/1999 Coll. of Laws and prepare a new one (amendment of the Act on Organisation of Central Public Administration No. 575/2001 Coll. of
Laws) in which the position of trade unions and employers’ representatives would change from that of social partners to that of consultants to the Government. However, the original Act on Tripartite No. 106/1999 Coll. of
Laws is still in effect.

                                                                                                                                                                                                                         87
Republic (FNM SR), the Union of Employers in Transport, Post and Telecommunications (ZZDPT), the Union of Bus and Coach Transport (ZAD), the Association of Transport Providers in Road
Transport, the Union of the City Transport Employers of the Slovak Republic (ZZ MHD SR), the Independent Trade Union of Public Road Transport (NOZVCD), and the Trade Union TRANSPORT
(DOPRAVA). Bargaining at this level is organised by the Ministry of Transport, Post and Telecommunications of the Slovak Republic (MDPT SR). Due to the area of competence covered by the
Ministry, the areas discussed include the following topics: issues concerning land and air transport, road infrastructure in all aspects, transformation of enterprises and privatisation, social dialogue
at the bipartite level and specific issues in the sector (e.g. replacement of the vehicle fleet, coverage of losses incurred from public interest activities, estimates and the like). There are no
recognised171 informal partners in the social dialogue. Bargaining at the sector tripartite level is of an informative and consultative nature. The actors’ activities stem from the mutual agreements and
the results of negotiations have the character of recommendations.

Bipartite social dialogue
There is no direct link between tripartite (“general” as well as sector) and bipartite partnership and there is no legislation covering the links between those two levels. The sector agreements have
the power of law172.
The terms and conditions agreed upon in the sector collective agreement can be extended under paragraph 7 of the Act on Collective Bargaining No. 2/1991 Coll. of Laws in its amendments, by the
Ministry of Labour, Social Affairs and Family of the Slovak Republic (MPSVaR SR) to the employers who are not members of the employers’ organisation which concluded the agreement in
question. Based on the above mentioned legal provision, the coverage of sector collective agreements can be extended only to the employers who operate in a similar field of business under similar
economic and social conditions, whose headquarters are located in the Slovak Republic, and when no sector collective agreement has been made that covers them, and of course, with the
employer’s consent. A motion to extend the coverage of a collective agreement can be submitted to the MPSVaR SR a minimum of six months before the effectiveness of the current collective
agreement terminates. However, recently, there has not been any effort on the part of the Ministry to do so.
There are also enterprise collective agreements.
At this level, two groups are involved in collective bargaining in the road transport sector. These are as follows:
      •    (group 1) the Union of Bus and Coach Transport (Zvaz autobusovej dopravy – ZAD) and the Independent Trade Union of Public Road Transport (Nezavisly odborovy zvaz verejnej cestnej
           dopravy – NOZVCD),
      •    (group 2) the Union of the City Transport Employers in Bratislava, Kosice and Presov (Zvaz zamestnavatelov mestskej hromadnej dopravy - ZZMHP) and the Trade Union TRANSPORT
           (Odborovy zvaz DOPRAVA Slovenskej republiky).
In group 1, the social dialogue focuses primarily on the problems in the labour market incurred by high levels of unemployment in some districts. There is one Sector Collective Agreement that was
concluded between ZAD and NOZVCD for the years 2001-2005. It stipulates the relationships between the employers and the trade union and covers the issues of employment and job protection,
working hours, holidays, pay, social welfare, health and safety at work and conflict resolution. This sector agreement covers 11,300 employees working in 17 Slovak Bus and Coach Transport

171The basis for recognition is the Agreement on Cooperation in Economic and Social Partnership, signed by the Ministry of Transport, Post and Telecommunications of the Slovak Republic (MDPT SR), the Union of
Employers in Transport, Post and Telecommunications (ZZDPT) and the Association of Trade Unions in Transport, Post and Telecommunications (AOZDPT). The representation of individual social partners is balanced
and based on the proposal and the agreement of the participating parties.
172The bipartite/sectoral collective agreement stipulates the terms and conditions for the employees in the sector and, simultaneously, establishes the relationships between the partners. The bipartite/sectoral collective
agreement (known as the Higher-level Collective Agreement) has the power of law; however, it depends on the partners if they do not breach its provisions.

                                                                                                                                                                                                                          88
companies associated in the ZAD and the enterprises with core activities other than transport. At enterprise level, the collective agreements stem from the concluded Sector Collective Agreement.
They stipulate the terms and conditions specific to the relevant enterprise exceeding those stipulated by the Labour Code and the Sector Collective Agreement. In 2002, there were 42 Enterprise
Collective Agreements concluded in those enterprises where the enterprise trade union units of NOZVCD are present, in 2003 there were 39 and in 2004, 40. The employers are represented by the
enterprise’s management.
In group 2 (city transport), the ZZMHP and DOPRAVA have concluded one Sector Collective Agreement for the years 2001-2006 (with 2 supplements). It stipulates the relationship between the
employers and the trade union and deals with the issues of employment and job protection, working hours, holidays, pay, social welfare, health and safety at work and conflict resolution. The Sector
agreement covers 4,818 employees in 3 city transport enterprises associated to the ZZMHP. At the enterprise level, the social partners have concluded 3 enterprise collective agreements (each
city transport enterprise has concluded one). At this level, the Bratislava Trade Union of Drivers (Bratislavsky odborovy zvaz vodicov) is also active with approximately 600 members. It participates
exclusively in collective bargaining in the City Transport Enterprise in Bratislava (Dopravny podnik Bratislava – DPB), and focuses on the occupational matters of drivers. In addition, there is a newly
established trade union in the City Transport Enterprise of Kosice, which is operating in the sector, i.e. the management there bargains with two trade unions, the new one, and the enterprise unit of
the Trade Union TRANSPORT.
Finally, it has become evident that there is now a pronounced influence of new owners aimed at impairing social dialogue. Foreign investors and some domestic owners indicate that they are willing
to ignore the social dialogue as such. The tendency seems to be welcomed by the government as well173.

3. Organisations active in the sector
Due to the entry of new private entities on the passenger transport scene, some problems with the legitimacy of the social partners have emerged174 recently.

Employers’ organisations
The ZAD (Zvaz autobusovej dopravy - Union of Bus and Coach Transport) was established in 1997. It covers 17 enterprises of the Slovak Coach Transport employing 10,586 employees175. No
international companies are members of the Union. The activities are financed by the membership fees. It employs one full-time worker, other positions are honorary.
The ZAD represents its members in the negotiations with the Ministry of Transport, Post and Telecommunications of the Slovak Republic (MDPT SR), the National Property Fund (FNM), processes
surveys for their use and provides information primarily via regular bimonthly meetings. The social partner for ZAD is the Independent Trade Union of Public Road Transport (NOZVCD).
Except for ZAD, there are also other transport firms operating in the Slovak Republic, but they are not associated in any joint organisation. The Union of Bus and Coach Transport (Zvaz autobusovej
dopravy – ZAD) is not a member of any domestic or international organisation. It is considering a future membership in UITP (Union Internationale des Transports Public).


173This tendency finds its expression in practice - the draft act (which has already passed through the government) was submitted by the government to change the position of the trade unions at the tripartite level from
being a bargaining party tobecome a consulting body for the government. From the government’s viewpoint, the shift in social dialogue is part of their “right-wing” politics. In reality, the pressure of lobbyists (from strong
companies) can be identified behind the scene with the aim of reducing benefits commonly ensured in collective agreements.
174New entrepreneurs, either incorporated or registered with the local authorities, do not observe the terms and conditions set within the sector. They are officially registered as transport providers, however, to operate
on a particular territory in a particular time period the transport provider must be licensed and they ignore this obligation. It may mean that their performance is not recorded or data can be manipulated. Even if they
operate absolutely legally, they may provide only lucrative services without any service provided in the “public interest”, which is what the licensed providers are expected to do.
175   The figure provided by ZAD is as of 31 December 2003.

                                                                                                                                                                                                                             89
The Union of the City Transport Employers in Bratislava, Kosice and Presov (Zvaz zamestnavatelov mestskej hromadnej dopravy v Bratislave, Kosiciach a Presove) was established in
1996. There are 4,818 employees working in its 3 enterprises. This organisation is not a member of any domestic or international organisation.
The following employers’ organisations do not participate in social dialogue:
The ADCP (Asociacia dopravcov v cestnej doprave - Association of the Road Transport Organisations)176 covers 26 enterprises in Freight Road Transport (Nakladna automobilova doprava
– NAD). Since 2001, it has been neglecting social dialogue and refused to bargain with the employees’ representatives.
The Taxi Guild Bratislava (Cech Taxi Bratislava) was established in 1992. It is an association of craftsmen providing taxi services throughout the Slovak Republic. At present it covers 12 legal
entities (employing approximately 120 employees) and approximately 1,200 individuals. The Guild represents its members in negotiations with governmental bodies and local authorities. It is a
member of the Slovak Craft Industry Federation (Slovensky zivnostensky zvaz – SZZ).
The SZZ (Zdruzenie prevadzkovatelov cestnej automobilovej dopravy Slovenskej republiky - Association of Entrepreneurs in Road Car Transportation of the Slovak Republic)177 is a
member of the Slovak Craft Industry Federation (Slovensky zivnostensky zvaz). The Association was established in 1999. It operates on a voluntary basis and associates small transport providers
as well as providers of transport services in agriculture, catering and supply. The Association does not bargain with any social partner.
The CESMAD SLOVAKIA (Zdruzenie cestnych dopravcov Slovenskej republiky - Association of the Road Transport of the Slovak Republic) was established in 1992. Today there are
approximately 1,600 members178 covered by the Association which accounts for approximately 90 % of all transport providers in the Slovak Republic. The members are legal entities as well as
individuals providing international truck and coach transportation. The Association provides training and seminars for its members and represents them in negotiations with public administration
bodies. It also offers additional services linked with transportation to its members (travel visas, maintenance etc.).The Association is financed from membership fees. The Association is a member of
the IRU (International Road Transport Union) and Transfrigoroute International. It does not bargain with any social partner representing employees.

Workers’ organisations
The NOZVCD (Nezavisly odborovy zvaz verejnej cestnej dopravy - Independent Trade Union of Public Road Transport) was established in 1990. Out of 14,500 employees in 30
organisations in the sector there are 11,221 who are members of this trade union (which accounts for 80 % of all the employees in the sector). The membership is individual and no member
categories are recorded (such as the young, women etc.), however, based on a special membership fee a number of pensioners can be identified and they account for approximately 1,600
members. The Annual Assembly hosts approximately 110 participants (one representative per 150 trade union members). The activities are financed by the membership fees. The trade union
employs 9 full-time workers.
NOZVC’s international cooperation is primarily concentrated on bilateral contacts with the Czech Trade Union of Transport, the Hungarian Trade Union of Transport (KKSZ), and the Austrian Trade
Union of Transport (HTV). It has no European or international affiliation.




176 The   Association of the Road Transport Organisations (Asociacia dopravcov v cestnej doprave – ADCP) has not provided any information.
177   No figures on the number of member firms and their employees are available.
178   Number of employees is not registered.

                                                                                                                                                                                                   90
The Trade Union TRANSPORT (Odborovy zvaz DOPRAVA) was established in 1990. Out of 4,818 employees in 3 organisations179 in the sector there are 2,928 members of the Trade Union.
17% of members are under 35 and 10% are pensioners. The female to male ratio is estimated to be 17%-83%180. The trade union’s activities are financed by membership fees and dividends. It
employs 5 full-time and 1 part-time workers. The ratio used for the Annual Assembly is 1 representative appointed per 700 trade union members (approximately 130 deputies).
Within its activities, the Trade Union TRANSPORT represents its members in collective bargaining, helps its enterprise trade union units to draw up collective agreements and, if asked for, they
represent their enterprise units in collective bargaining at the enterprise level as well. Moreover, it provides legal and consultancy services, financial support and the like for their members.
International cooperation of the Trade Union TRANSPORT is exclusively concentrated on bilateral contacts with the Czech Trade Union of Transport. It has no European or international affiliation.




179   Exclusively under 60.2 NACE activities.
180   Data provided by the Trade Union TRANSPORT.

                                                                                                                                                                                                 91
Employers’ organisations (2003 – sources: the organisations)
Organisation                     Sub-sectors    Companies   SW          Density   Density       T         CB       National affiliations     European affiliations    International affiliations
                                 covered                                Companies SW
Original name   English name                    number      number      %         %             yes/no    yes/no   Direct         Indirect   Direct        Indirect   Direct         Indirect
ZAD - Zvaz      Union of Bus     Bus and        17          10,586      n.a.        31% in      Yes        Yes     No             No         No            No         No             No
autobusovej     and Coach        coach                                              transport   (Sector
dopravy         Transport                                                           sector      tripartite
                                                                                                level)
 Zvaz           Union of the     City           3           4,818       n.a.        n.a.        Yes        Yes     No             No         No            No         No             No
zamestnavate    City Transport   transport                                                      (Sector
lov mestskej    Employers in                                                                    tripartite
hromadnej       Bratislava,                                                                     level)
dopravy v       Kosice and
Bratislave,     Presov
Kosiciach a
Presove
ADCP -          Association of   Freight road   26          n.a.        n.a.        n.a.        No        No       n.a.           n.a.       n.a.          n.a.       n.a.           n.a.
Asociacia       the Road         transport
dopravcov v     Transport
cestnej         Organisations
doprave
Cech Taxi       Taxi Guild       Taxi           12          In 2002: 120 In 2002:   In 2002:    No        No       Slovak         No         No            UEAPME     No             No
Bratislava      Bratislava                                  salaried      11% of    2.8% of                        Union of
                                                            workers and craftsmen   employee                       Craftsmen
                                                            1,200                   s in
                                                            craftsmen               enterprise
                                                            (individuals)           s with less
                                                                                    than 20
                                                                                    employee
                                                                                    s
SZZ -           Association of   Small          n.a.        n.a.        n.a.        n.a.        No        No       Slovak         No         No            UEAPME     No             No
Zdruzenie       Entrepreneurs    transport                                                                         Union of
prevadzkovat    in Road Car      providers,                                                                        Craftsmen
elov cestnej    Transportation   transport
automobilovej   of the Slovak    services in
dopravy         Republic         agriculture,
Slovenskej                       …
republiky
CESMAD          Association of   Road           1,600       n.a.        90%         n.a.        No        No       No             No         Transfrigor   No         IRU            No
SLOVAKIA -      the Road         transport                                                                                                   oute
Zdruzenie       Transport of                                                                                                                 Internation
cestnych        the Slovak                                                                                                                   al


                                                                                                                                                                                                   92
dopravcov       Republic
Slovenskej
republiky
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




Trade Unions (2003 – sources: the organisations)
Organisation                      Type of SW        Members        Members working     Density    T             CB       National affiliations      European affiliations     International affiliations
                                                                   in the sector
Original name   English name      Type              Number         Number              %          yes/no        yes/no   Direct          Indirect   Direct         Indirect   Direct           Indirect
NOZVCD -        Independent    Public road          11,221         11,221 (14% are     80%        Yes        yes         KOZ SR,         No         No             No         No               No
Nezavisly       Trade Union of transport                           pensioners)                    (Sector                AOZDPT
odborovy        Public Road                                                                       tripartite
zvaz verejnej   Transport                                                                         level)
cestnej
dopravy
TRANSPORT       Odborovy zvaz Transport,            2,928          2,928 (10% are      8.6% in    Yes        Yes         KOZ SR,         No         No             No         No               No
                DOPRAVA       enterprises of                       pensioners)         road       (Sector                AOZDPT
                              civil aviation,                                          transpor   tripartite
                              road                                                     t sector   level)
                              infrastructure,                                          and
                              car repair,…                                             55% in
                                                                                       city
                                                                                       transpor
                                                                                       t sub-
                                                                                       sector
SW: salaried workers
Density: number of salaried workers affiliated to the organisation / number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




                                                                                                                                                                                                           93
                                                                                                         SLOVENIA

1. Description of the sector
Delimitation and activities of the sector
The NACE classification 60.2 covers the same economic sectors in Slovenia. However, the 'other land transport sector' is placed into a wider sector entitled “Transport, Storage and
Communications Sector" (Sector I) and covers other activities like railway transportation services, sea and coastal water transportation services, etc.181. The majority of the statistics are therefore
produced for the whole Transport, Storage and Communications Sector (covering all of Sector I) and it is therefore impossible to present only the data for 60.2. In addition, the social partners stress
that, in principle, it would be very hard to produce statistics for group 60.2, as so many companies are carrying out activities that could statistically belong to different groups or even classes, for
instance, companies that carry out freight transport by road also carry out forwarding agency activities and/or storage activities.

Socio-economic features of the sector
The group 60.2 is completely privatised, the only exception is road passenger transport in Ljubljana that is organised as a holding company182. According to the employers’ representatives, the
Transport, Storage and Communications Sector represents 7 % of GDP, while the share of freight transport by road can be estimated as being around 3% to 4% of GDP. Public road transport
exists (except subway – there is no subway in Slovenia) and it is carried out by private companies. There is a possibility that the State pays subsidies to some companies.
The group 60.2 employs a majority of male workers. The educational structure in this sector is, in most cases, secondary school or professional school. Actually, there is a lack of personnel in
freight transport by road, especially that of drivers and consequently, there is a tendency to lower the required level of education. A trade union representative estimates that the situation exists due
to low wages and bad working conditions and stresses that drivers' wages remain low despite all the additional payment like working abroad and overtime which are both very significant. An
employers’ representative agrees that wages are, in fact, low, but nonetheless, he stresses that they do increase with some additional payment that comes because of specific requirements of the
driver’s work such as working abroad and overtime. In any case, Slovenia is trying to reduce the lack of drivers by employing people from parts of the former Yugoslavia, after the full membership of
Slovenia in the EU, people from Poland and Slovakia are also given those jobs.
The trade union representative is of the opinion that both competitive strategies are present, competition on costs and specialisation. As far as the costs based strategy is concerned, the main
principle is sub-contracting jobs to small companies by big transporters. On the other hand, competition regarding complete service offerings is also of great importance. In that way, companies are
able to compete on prices and multiple services in winning business, so for instance, a company that offers transport services and also acts as a forwarding agency and or provides storage should
have a competitive advantage over companies that do not offer the additional services.




181   Activities classified under NACE classifications 60.100, 60.211, 60.212, 60.220, 60.230, 60.240, 61.100, 62.100, 62.200, 63.110, 63.120, 63.210, 63.220, 63.230, 63.400, 64.110, 64.120.
182   This holding is an umbrella organisation for companies working in fact in the public sector in the city of Ljubljana. Some of the companies within this holding are partly privatised.

                                                                                                                                                                                                       94
The employers’ representative estimates that the price competition is present mainly in freight transport by road, as in fact the costs here are the main factor that influences competitiveness even
though quality and reliability matter as well.
Both the trade union and employers’ representatives agree that a grey economy in Group 60.2 is definitely present and widespread, but since that share has never been measured, it is impossible
to give any precise estimation.
Lastly, Group 60.2 is expanding. The employers’ representative estimates the growth rate to be approximately 4% a year. The trade union representative stresses that the sector’s strength,
especially freight transport by road, can be observed by the level of investment in vehicle fleets. Therefore, she stresses that with Slovenia's full membership in the EU, accelerated investment in
new vehicles or technically improved vehicles has occurred.
Companies (2003 – source: Transport and Communication Association)
Sub-sectors               Number of             Companies without salaried   Companies with < 10      Companies with 10 to   Companies with > than 100
                          companies             workers (%)                  salaried workers         100 salaried workers   salaried workers
Freight transport                932                        n.a.                       1,992                     40                       39
Other sub-sectors                n.a.                       n.a.                        n.a.                     n.a.                     n.a.
Total Sector I                  2,071                        0                         1,992                     40                       39

Workers (2003 – source: Transport and Communication Association)
Sub-sectors             Number of       Number of       % of salaried        % of workers in          % of workers in        % of workers in companies
                        workers         salaried        workers*             companies with < 10      companies with 10 to   with > than 100 salaried
                                        workers                              salaried workers         100 salaried workers   workers
Freight transport          5,773              5,773             1.2                    n.a.                      n.a.                     n.a.
Other sub-sectors           n.a.               n.a.             n.a.                   n.a.                      n.a.                     n.a.
Total of the sector I     38,090183          38,090             8.2                    71.9                      8.9                      19.2
* Total number of salaried workers in the sector divided by the total number of salaried workers in the country

2. Industrial relations in the sector
Tripartite concertation
There is no tripartite concertation or tripartite consultation.

Bipartite social dialogue
Bipartite social dialogue and signature of collective agreements take place at the Sector and enterprise levels. In Slovenia, there is a hierarchy of collective agreements: the agreement signed at
enterprise level can never be less advantageous than the Sector one. The duration of a Sector or enterprise collective agreement is limited to one year, but if none of the parties involved cancels it




  The trade union representative pointed out that the national railways employ somewhere between 7,000 and 8,000 people, the Post has around 6,000 employees and Slovenia Telekom has about 3,000 people
183

employed, so there are not many people employed in NACE Group 60.2.

                                                                                                                                                                                                     95
or suggests a change before the time limit is reached, it continues to be in effect. According to the level, the collective agreement is directly extended to all companies and/or employees in the
sector and has the power of law.
At Sector level, there are two major players who are able to sign collective agreements: the Trade Union for Transport and Communications of Slovenia and the employers’ organisation called the
Communications Association for Transport. The trade union mentioned is the biggest representative trade union that covers Group 60.2, but it is not the only representative trade union as four
smaller unions exist and they too cooperate in collective negotiations at sector level. However, the Trade Union for Transport and Communications of Slovenia represents a third of the sectors’
employees while the other four unions represent another third, the remaining third are not involved in any trade union184. On the employers' side, in addition to the Transport and Communications
Association, the Association of Employers of Slovenia also takes part in the sector level negotiations.
The social climate between the trade unions and the employers can be qualified as a generally good cooperation185 but there is a certain strain in the road freight transport sector and the forwarding
agency activities. In these two areas, Sector collective agreements have been cancelled by the employers. They were cancelled in time (at the end of 2003) - in accordance with the regulations,
they expired on July 1, 2004. At the time, in both areas, there was actually a general collective agreement (at the national level) in force that offered little to the employees in terms of working
conditions or wages. With this cancellation, the employers are actually in an uncomfortable situation: they are unable to raise salaries and pay supplements to existing salaries even in those
companies that could, judging by the business results, easily afford it. Anyway, the trade union is of the opinion that it would be reasonable to conclude just one more collective agreement for road
freight transport and forwarding agency activities as both activities are similar. However, it would require separate parts on tariffs.
In the road freight transport sector, the first collective agreement was signed in 1990, the second in 1999 and the one that was cancelled in 2003. In the forwarding agency activities, the first
collective agreement was signed in 1990 and the second in 1999 and this agreement was cancelled in 2003. In the road passenger transport sub-sector, the first collective agreement was signed in
1990, the second in 1998, the tariff part was changed in 1999, and in 2004 there was a slight modification to comply with new legislation.
The trade union focuses on questions regarding working hours and salaries. According to the union, working hours in the sector are a catastrophe, as drivers must be available for their employer
practically the whole day, because there is a lot of waiting before the transport commences and waiting time only pays 30% of the normal salary, while the actual transport time pays 100% of the
salaries but sometimes only amounts to a few hours a day.
At the enterprise level, the trade unions within the company and the management conduct negotiations. Problems can occur when there is more than one trade union in the enterprise. Contrary to
the Transport and Communications Association, which does not negotiate agreements at the enterprise level, the Trade Union for Transport and Communications of Slovenia participates in
enterprise level negotiations, either by offering help to its member trade unions in the company, or by negotiating directly. The trade union representative estimates that half of the companies in
group 60.2 have an agreement at enterprise level and both representatives we talked to estimate that the tendency of concluding agreements at the enterprise level is especially present in large
and medium sized companies.




184   Source: the organisation
185   Both representatives also stress that there are no formal obligations for sectoral level negotiations, but they both feel some different type of obligation to negotiate.

                                                                                                                                                                                                    96
3. Organisations active in the sector
Employers’ organisations186
The Transport and Communication Association (Združenje za promet in zveze) has not changed since it was established in 1991, but it was created more than 30 years earlier. The association
finances itself through membership fees. The association has eight people working for it (salaried workers) and one more working on a temporary basis.
It represents all the companies in the sector Transport, Storage and Communications (NACE Section I), which means that it also represents all the companies from Group 60.2. It represents 2,071
companies from NACE Section I and the coverage of companies and people that work in it with the Transport and Communication Association is 100%.
This organisation cooperates at sector level negotiations and signs collective agreements on that level. The last collective agreement the organisation signed in Group 60.2 was in 1999. At the
time, road freight transport and forwarding agency activities collective agreements were cancelled, but negotiations to conclude another agreement for these sub-sectors are not yet taking place.

Workers’ organisations
From the legal point of view, the Trade Union for Transport and Communications of Slovenia (Sindikat delavcev prometa in zvez Slovenije), because of the new registration, was established in
1990. However, it commenced much earlier under the socialist system. The trade union finances itself from membership fees and employs three people. The trade union elects its leadership in
elections held every five years. Elections are organized in the companies’ trade unions and in the union’s territorial organisations and at the level of the national trade union.
In total, the trade union has 10,000 members that are affiliated to trade unions in companies and associated with the Trade Union for Transport and Communications of Slovenia. There are also 50
individual members that are not members of trade unions in any company.
The trade union’s membership includes one third of all employees in Group 60.2. and most of them are blue-collar workers. In the road freight transport sub-sector, the union is organized in five
companies and in 16 land passenger transport companies.
The trade union cooperates in sector and enterprise level negotiations and takes part in them systematically as it is the biggest trade union in the sector.
In terms of European or international affiliations, as mentioned in the table, the trade union mainly has observer status. The option to remain as an observer is connected to the fact that they are
satisfied with this status. Full membership implies increased financial expenses. In addition, they get a lot of information from ETUC. However, the trade union is aware that more connections can
contribute to a more effective and efficient defence of its members’ interests.




186IRU observes that “the text do not include one of two "Chambres" (you included a Chambre which is compulsory, apparently) and that hence your data are incomplete, or even wrong”. The
expert answers that the reason is quite obvious - the other association has very low number of members and the obligatory one is as a rule the organization with the most comprehensive and exact
data. But neither this organization neither the trade union have some data or they have imprecise data.

                                                                                                                                                                                                  97
Employers’ organisations (2003 – source: Transport and Communication Association)
Organisation                      Sub-sectors     Companies      SW           Density   Density              T            CB         National affiliations            European affiliations     International affiliations
                                  covered                                     Companies SW
Original name    English name                     number         number       %         %                    yes/no       yes/no     Direct            Indirect       Direct        Indirect   Direct           Indirect
 Združenje za     Transport and      60.100,         2,071         38,090       100%      100%                  No          Yes      Chamber of              No          FIATA,     Eurochambe     IRU                No
   promet in     Communications      60.211,                                                                                          Commerce                            IATA,           rs    (observer)
     zveze         Association       60.212,                                                                                          of Slovenia                      FONASBA,
                                     60.220,                                                                                                                              CITA,
                                     60.240,                                                                                                                            ECASBA,
                                     61.100,                                                                                                                             MABSA
                                     62.100,
                                     62.200,
                                     63.110,
                                     63.120,
                                     63.210,
                                     63.220,
                                     63.230,
                                     63.400,
                                     64.110,
                                     64.120
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?


Trade Unions (2003 – source: Trade Union for Transport and Communications of Slovenia)
Organisation                      Type of SW        Members        Members working     Density      T            CB            National affiliations              European affiliations       International affiliations
                                                                   in the sector
Original name    English name    Type               Number         Number              %            yes/no       yes/no        Direct         Indirect            Direct         Indirect     Direct           Indirect
    Sindikat     Trade Union for    Blue collar        10,050              n.a.          26.3%         No           Yes        Association of       No                  No            ETUC         UNI               No
   delavcev       Transport and                                                           (in the                               Free Trade                                                      (observer)
  prometa in     Communications                                                        whole of                                  Unions of
zvez Slovenije     of Slovenia)                                                         Section                                   Slovenia
                                                                                             I);
                                                                                       estimate
                                                                                        for 60.2
                                                                                         is 33%
SW: salaried workers
Density: number of salaried workers affiliated to the organisation / number of salaried workers in the sector

                                                                                                                                                                                                                             98
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




                                                                99
                                                                                              TURKEY

1. Description of the sector
Delimitation and activities of the sector
Data on the Turkish road transport sector is classified similar to that of the NACE classification in the DIE’s187 statistics. CSGB188 data only covers workers who are under the protection of a Social
Security Organisation in the road transport branch

Socio-economic features of the sector
In 2003, road transport represented 93% of the total transport sector, while railways represented about 4%. Almost 92% of freight and 96% of passenger transportation is carried out by road.
Turkey's geopolitical position as a link between East and West makes the transport sector crucial. The total length of the highway network under the responsibility of the KGM189 is approximately
61,000 km. The total vehicle stock has risen from around 1.4m in 1983 to 3.6m in 1993 and 6.6m in 2004 (OECD, 2002; DIE, 2004). This means that the road infrastructure is under pressure and
congestion. About 7,000 people die each year in road accidents and losses due to injuries and property damage are estimated to be 2% of GDP.
In terms of GDP, the sector represented 6.5% of the total economy in 2000. In terms of employment, it accounts for 6.6% of the total employment in the country (including self-employed). The sector
is entirely privatised. The share of the informal economy in the sector is difficult to evaluate but as for other sectors, it must certainly be high.
In 2001, 11% of the salaried workforce were women. 5% of the salaried workforce had a university or higher education degree. The other 95% had attended high school and primary school.
The structure of the Turkish road transport sector is similar to international norms - firms are mostly small-sized and significant competition exists in the sector. There are a very large number of
small firms in the sector and most of them are self-employed. However, a road transport act promulgated in 2003 provides a general framework for both national and international road transport
sector activities. The act is more regulatory than substantive in nature, and governs commercial operators of road transport vehicles that carry passengers and goods. This represents a quite
fundamental regulatory change in the sector and it will impose a need for certification for all firms which will force smaller firms out of the sector or require them to merge with similarly sized firms.
Companies (2001 – source: DIE)
Sub-sectors                 Number of          Companies without      Companies with < 10    Companies with 10 to       Companies with > than 100
                            companies          salaried workers (%)   salaried workers (%)   100 salaried workers (%)   salaried workers (%)
60.21 Other Scheduled               555        n.a.                             61.6                    35.9                         2.5
passenger land
transport


187   State Institute of Statistics
188   Ministry of Labour and Social Security
189   General Directorate of Highways

                                                                                                                                                                                                       100
60.22 Taxi operation +                  90          n.a.                                68.9                      25.6                        5.6
60.23 Other land
passenger transport
60.24 Freight transport                913          n.a.                                28,8                      65.0                        6.2
by road
Total Sector                          1,558         n.a.                                42.8                      52.2                        5

Summary table: workers (2001/2004 – sources: DIE and CGSB)
Sub-sectors               Number of           Number of          % of salaried   % workers in companies   % of workers companies    % of workers in companies
                          workers             salaried workers   workers*        with < 10 salaried       with 10 to 100 salaried   with > than 100 workers
                                                                                 workers                  workers
60.21 Other                    10,728              10,006              0.2                  12.5                     41.6                     54.2
Scheduled
passenger land
transport
60.22 Taxi operation           2,314                2,188             0.04                9.9                       18.4                      28.3
+ 60.23 Other land
passenger transport
60.24 Freight                  33,935              33,130             0.68                4.3                       45.7                      50.0
transport by road
Total for the sector                                                  0.93                6.4                       43.5                      49.9
                               46,977              45,384
* Total number of salaried workers in the sector divided by the total number of salaried workers in the country

2. Industrial relations in the sector
Tripartite concertation
There is no tripartite concertation in the sector.

Bipartite social dialogue
Collective bargaining in the road transport sector is conducted mainly at the company level. There is no sector level collective discussion between unions and employers’ organisations. However,
there is an ongoing discussion between different employers’ organisations and the government regarding the new legislation which will regulate road transport in Turkey.
The content of collective agreements centres primarily on wage levels, including fringe and social benefits, although many agreements also provide for redundancy compensation and arrangements
concerning trade union activities. Security of employment and the handling and arbitration of grievances are the other major areas covered by collective agreements, which usually remain in force
for two years. The main subject of tension focuses on labour costs. In 2004, there are 325 collective agreements in force, covering 3,229 workers in 406 workplaces (coverage rate: 2.97%).
With regard to the extension of the collective agreements, in principle, they are only applicable to members of the trade union concerned and to non-members who may benefit from the collective
agreement if they pay a monthly “solidarity due” to the union. The rate of solidarity due must be two-thirds of the regular membership due. The consent of the signatory union is not required in this
matter.

                                                                                                                                                                                                  101
Joint meetings organised by the employers and unions to discuss problems in the industry arising from changing legal regulations can be seen as a form of bipartite activity.
The main obstacle to the development of the (sector) collective bargaining mainly stems from the dominance of small and middle sized companies and self-employment in the Turkish road transport
sector. A few big companies, which are mainly cargo carriers, do not allow the unionisation of their employees.

3. Organisations active in the sector
In the road transport sector, employees are represented by three trade unions, two of which are able to pass the obligatory 10% threshold in order to participate in collective bargaining negotiations.
The other union is a very small organisation with a negligible membership base. On the other hand, there is only one employers’ association which undertakes collective negotiations with workers
unions.

Employers’ organisations
Nak-Is (Kara Nakliyecileri, Nakliye Komisyonculari ve Nakliye Muteahhitleri Isverenler Sendikasi - Road Transport Carriers, Transport Commission Agents and Transport Contractors Employers’
Association) which mainly represents Istanbul Road Transport Carriers Storehouse’s employers founded in March 1964. Nak-Is represents 132 private sector organisations as of August 2004.
These companies employ 1,100 workers.
Nak-Is is financed by the fees paid by its members, which are determined on the basis of 1/30 of each worker’s net monthly salary paid by the affiliated companies. Nak-Is did not sign any collective
agreement in 2002, it signed 137 collective workplace agreements in 2003. 122 of them were signed by the Nakliyat-Is and the others were signed by the TUMTIS. Nak-Is employs 2 specialists, 1
administrative, and 1 auxiliary staff.
Nak-Is is an independent employers’ organisation which was not affiliated to any other employers’ organisation at the national, European, or international level.

Workers’ organisations190
TUMTIS (Turkiye Motorlu Tasit Iscileri Sendikasi - Turkish Motor Vehicle Workers’ Union) was founded in Istanbul on March 1952 to operate in the road transport branch, originally under the name
of Electric, Gas and Motor Vehicle Workers Union.
In July, 2004 TUMTIS’s total membership was 13,721 out of 111,005 unionised workers in the road transport branch. It represents 11.95% of all road transport workers (Resmi Gazete, 20 July
2004). However, this data is inflated, as the union itself put the figure at around 5,000-6,000 fee-paying members. In reality, according to new CSGB statistics, there were only 2,352 fee-paying
union members in the whole road transport branch as of 15.06.2004. TUMTIS signed around 400 collective agreements in 2003 and there were no agreements in 2002.
TUMTIS has 6 branches nationwide and employs 5 people including experts, administrative, and auxiliary staff. TUMTIS’ main decision-making body is the General Congress, which convenes
every three years. The fees and donations from the members and income from its liquid and fixed assets support TUMTIS. Members pay an equivalent of one-day’s wages as a membership due.
The dues are collected by means of payroll deductions-.




190There has been ongoing union rivalry in the road transport sector regarding the organisation of Istanbul Road Transport Carriers Storehouse’s workers. A physical clash even occurred between rival union members
on November 20, 2002, which resulted in 3 deaths and 7 people being injured.

                                                                                                                                                                                                               102
Nakliyat-Is (Turkiye Devrimci Kara Nakliyat Iscileri Sendikasi Nakliyat-Is - Turkish Progressive Road Transport Workers’ Union) was founded by transport workers employed at the Tekel (Turkish
Tobacco Monopoly) in Istanbul on June 1975 under the name of Istanbul Progressive Tekel Sea and Road Transport Workers’ Union. Nakliyat-Is’ activities were suspended after the military
intervention in September 1980. It resumed its activities in 1991. In 1992, at the General Congress a decision was adopted for joining TUMTIS. However, some union members and DISK appealed
this decision and the court ruled that the decision to amalgamate Nakliyat-Is with TUMTIS was invalid.
In July 2004, Nakliyat-Is’ total membership was 13,746 out of 111,005 unionised workers in the road transport branch. It represents 12.38% of all road transport workers (Resmi Gazete, 20 July
2004). However, the union itself put the figure around 3,000-4,000 fee-paying members. Nakliyat-Is signed 135 collective agreements in 2003 and there was no agreement in 2002 (interview with Ali
Riza Kucukosmanoglu, President of Nakliyat-Is, on 10 August 2004).
Nakliyat-Is has 5 branches nationwide and employs 10 people including experts, administrative and auxiliary staff. Nakliyat-Is’ main decision-making body is the General Congress, which convenes
every three years. Members pay an equivalent of one-day’s wages as a membership due. The dues are collected by means of payroll deductions.
Nakliyat-Is is affiliated to DISK at national level; there is no European or international level membership yet. However, its last general congress which convened in 27-28 December 2003 approved
affiliation of EMT and ITF.
Karsan-Is (Tasimacilik ve Kargo Sanayii İscileri Sendikası - The Union of Transport and Cargo Industry Workers) is the third trade union active in the sector but it plays a minor role, notably because
it does not participate in collective bargaining.




                                                                                                                                                                                                    103
Employers’ organisations (2004 – source: CGSB)
Organisation                          Sub-sectors    Companies   SW           Density         Density        T            CB          National affiliations              European affiliations       International affiliations
                                      covered                                 Companies       SW
Original name       English name                     number      number       %               %              yes/no       yes/no      Direct           Indirect          Direct        Indirect      Direct          Indirect
Nak-Is - Kara       Road Transport                   132         1,100        8.4             0.99           No           Yes         No               No                No            No            No              No
Nakliyecileri,      Carriers,
Nakliye             Transport
Komisyonculari      Commission
ve Nakliye          Agents and
Muteahhitleri       Transport
Isverenler          Contractors
Sendikasi           Employers’
                    Association
SW: salaried workers
Density companies: number of companies affiliated / total number of companies in the sector
Density SW: number of salaried workers in the affiliated companies / total number of salaried workers in the sector
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?



Trade Unions (2004 - Source: Resmi Gazete, 20 July 2004)
Organisation                          Type of SW      Members      Members working     Density      T            CB            National affiliations              European affiliations            International affiliations
                                                                   in the sector
Original name       English name     Type             Number       Number              %            yes/no       yes/no        Direct           Indirect          Direct            Indirect       Direct           Indirect
TUMTIS -            Turkish Motor    Blue-collars     13,271       13,271              11.95        No           Yes           TURK-IS          No                ETF               No             ITF              No
Turkiye Motorlu     Vehicle Workers’
Tasit Iscileri      Union
Sendikasi
Nakliyat-Is -       Turkish           Blue-collars    13,746       13,746              12.38        No           Yes           DISK             No                No                ETF (through   ITF              No
Turkiye             Progressive                                                                                                                                                     DISK)
Devrimci Kara       Road Transport
Nakliyat Iscileri   Workers’ Union
Sendikasi
Karsan-Is -         The Union of      Blue-collars    759          n.a.                n.a.         No           No            n.a.             n.a.              n.a.              n.a.           n.a.             n.a.
Tasimacilik ve      Transport and
Kargo Sanayii       Cargo Industry
İscileri            Workers
Sendikası-
SW: salaried workers
Density: number of salaried workers affiliated to the organisation / number of salaried workers in the sector

                                                                                                                                                                                                                                  104
T: Does the organisation take part in a tripartite process?
CB: Does the organisation take part in collective bargaining?




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