Industrial Relations in Europe 2012 - European Commission - Europa

decision affects in a uniform way all six million public functionaries. It is hard to find in Europe an
equally centralised system, either in the public or the private sector. The above-mentioned recent
law on the renewal of social dialogue in the public sector may have effects on the representative
trade unions which are admitted to negotiations and on the number of matters that can be negotiated
(Tissandier 2011), but not on the extreme centralisation of the system of pay determination. Forms
of performance-related pay and individualisation of terms and conditions have been introduced in
recent years, initially for functionaries of the higher grades, and then partially extended to the lower
grades. On the whole, however, this does not seem so far to have significantly altered the
traditionally uniform HRM practices that characterise French public bureaucracy.
The German wage setting system used to be almost as centralised as the French system, despite the
federal constitutional structure of the state. Centralisation was granted by a unitary bargaining
coalition on the employers’ side, covering all three levels of government – federal level (Bund),
federal states (Länder) and municipalities -, led by the Ministry of the Interior. Thus, in the German
case also, only one collective agreement covering a major bargaining unit used to set pay and
working conditions for all public employees. The substantive components of the agreements were
usually transferred to civil servants by formal decisions of the Federal Parliament. Thus, despite
different forms of employment and interest representation, changes to working conditions were
basically the same for all public employees, civil servants included (Keller 2011: 2344). Recently,
however, two factors have partially altered this highly centralised structure. First, in 2003 the
Bargaining Association of German states (TdL) left the unitary bargaining coalition and started
independent negotiations, concluding in 2006 an important separate agreement with state-specific
arrangements. Second, a break up also occurred within the Bargaining Association at the state level,
with the exit of the state of Berlin and the state of Hesse, which started a form of single employer
bargaining. So, in a short period of time, changes in horizontal and vertical integration altered the
highly centralised bargaining structures that characterised the German system, with its uniform and
standardised employment conditions (Keller 2011). It remains to be seen whether these
developments are isolated events or signal more structural transformations. The economic crisis
seems to reinforce this trend towards a greater differentiation. This is also pursued through a wider
use of the regulatory powers of public employers to first unilaterally enforce changes in pay and
working conditions of civil servants, and then to attempt to extend them via collective bargaining
to other public employees. Greater decentralisation and differentiation via stronger unilateralism
seem to be the effects of the crisis on German public sector employment relations.
Connected to, but analytically distinct from, decentralisation trends are processes of differentiation
and even individualisation of pay and terms and conditions. This has occurred in most countries
under programmes of modernisation of public administrations, inspired to a greater or lesser extent
by the NPM doctrine. However, there is great variation across countries with regard to the extent to
which these measures, in form of performance-related pay (PRP) or similar mechanisms, have been
implemented, especially among non-managerial staff (Bach and Bordogna 2011). They are more
diffused among managers and senior civil servants, although the incidence of pay linked to
performance should not be emphasised 39 . These trends towards the differentiation of terms and
conditions have not been halted, in principle, by the recent economic crisis; rather, the scarcity of
resources has often created obstacles to their practical implementation - recent developments linked
to part of the 2009 reform in Italy is a case in point (Pedersini 2010b).
39 According to a OECD study on performance-based arrangements for senior civil servants (including Germany, Italy,
Netherlands, Ireland, Spain and Sweden among other OECD countries), this component is never higher than 8%,
and in several cases significantly lower (OECD 2007: Table 5).
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