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Industrial Relations in Europe 2012 - European Commission - Europa

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to be proven. The right to strike is constitutionally protected, without dist<strong>in</strong>ctions between public<br />

and private employees, with limitations only for employees (both private and public) of the<br />

essential public services. In Greece, where union density is relatively high (64%, more than three<br />

times higher than <strong>in</strong> the private sector), the right to collective barga<strong>in</strong> was <strong>in</strong>troduced by legislation<br />

<strong>in</strong> 1999 for civil servants, although their public law status has not been abolished and pay issues are<br />

still excluded from negotiations; collective negotiations have greater <strong>in</strong>fluence for contract<br />

employees and <strong>in</strong> local government. In Portugal also, the special status of a relevant part of public<br />

employees has not been abolished, and although collective negotiations play a significant role <strong>in</strong><br />

determ<strong>in</strong><strong>in</strong>g terms and conditions of employment, <strong>in</strong>clud<strong>in</strong>g of career civil servants, if they reach a<br />

stalemate the government ma<strong>in</strong>ta<strong>in</strong>s the power to act unilaterally. The union density rate is around<br />

45%. The special employment status of a significant part of public employees, with the connected<br />

prerogatives, also survives <strong>in</strong> Spa<strong>in</strong>, although, as <strong>in</strong> Portugal, almost one <strong>in</strong> four public employees<br />

has a temporary or fixed-term contract. Union density <strong>in</strong> the sector is around 30-31% (Muñoz de<br />

Bustillo and Antόn <strong>2012</strong>). In both countries NPM-<strong>in</strong>spired reforms have been <strong>in</strong>troduced to a<br />

limited extent, at least until recently.<br />

A f<strong>in</strong>al group with specific features consists of the former communist Central and Eastern <strong>Europe</strong>an<br />

countries – Estonia, Lithuania, Latvia, Poland, Czech Republic, Slovakia, Hungary, Slovenia,<br />

Bulgaria and Romania. All these countries, with the partial exception of Hungary, have a<br />

comparatively small public sector employment share, with a relatively high presence of women,<br />

particularly <strong>in</strong> the Baltic countries (around or above 75%), with few exceptions (ma<strong>in</strong>ly Romania).<br />

As far as available data show, there is a limited <strong>in</strong>cidence of part-time and of temporary workers,<br />

with the partial exception, <strong>in</strong> the latter case, of Poland and Hungary. The share of young employees<br />

is very high <strong>in</strong> Romania, Slovenia and Poland, to a lesser extent <strong>in</strong> Hungary, Czech Republic and<br />

Slovakia, but low <strong>in</strong> the Baltic countries and especially Bulgaria. No systematic, comparative data<br />

on unions are available, but trade unions are generally weak, with the exception of Romania and<br />

Slovenia. This is especially the case <strong>in</strong> central adm<strong>in</strong>istration, where career civil servants with<br />

special employment status are still important, and the practice of collective barga<strong>in</strong><strong>in</strong>g is limited or<br />

totally absent, either because of formal restrictions or because of the weakness of trade unions.<br />

Where collective negotiations exist, they often take place only at the <strong>in</strong>dividual employer level, <strong>in</strong><br />

some cases also because of the absence of the relevant employers associations, as <strong>in</strong> the Czech<br />

Republic. Barga<strong>in</strong><strong>in</strong>g coverage is consequently very low. Social dialogue <strong>in</strong>stitutions exist <strong>in</strong> some<br />

countries, such as Hungary and Romania, but their role has been significantly restricted <strong>in</strong> recent<br />

years. Restrictions exist also with regard to the right to strike, especially <strong>in</strong> central adm<strong>in</strong>istration.<br />

Overall, this group stands out for the weakness of <strong>in</strong>dustrial relations <strong>in</strong>stitutions and practices, with<br />

Slovenia as probably the ma<strong>in</strong> exception. For more details on <strong>in</strong>dustrial relations <strong>in</strong> the new<br />

Member States, see chapter 2 of this report.<br />

The UK can perhaps be considered a case apart, although some features of its employment structure<br />

are similar to those of other clusters. The share of public sector employment is comparatively rather<br />

high, with a high presence of women and part-time employees. The percentage of temporary<br />

workers is <strong>in</strong>stead the lowest <strong>in</strong> the EU-27, while the ratio between young and older workers,<br />

although not particularly high, is well above 1. Some peculiarities <strong>in</strong> employment relations stand<br />

out. For example, there is no special status for public employees <strong>in</strong> general and civil servants, no<br />

special limitations on the right of association and the right to strike, with the exceptions of a few<br />

groups, although s<strong>in</strong>ce the 1980s strike action is subject to general, rather strict procedural rules.<br />

Trade union density is medium-high <strong>in</strong> comparative terms and almost four times higher than <strong>in</strong> the<br />

private sector. Collective negotiations are widely practiced, with<strong>in</strong> a s<strong>in</strong>gle level barga<strong>in</strong><strong>in</strong>g system,<br />

but a significant proportion of public employees are covered by pay review bodies. Negotiations are<br />

rather decentralised <strong>in</strong> the civil service, although measures to reduce fragmentation and pay<br />

dispersion have been put <strong>in</strong>to place s<strong>in</strong>ce the late 1990s. Forms of performance-related pay are <strong>in</strong><br />

operation, l<strong>in</strong>ked to various waves of NPM-<strong>in</strong>spired reforms adopted s<strong>in</strong>ce the 1980s, but attention<br />

153

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