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CONVENTION COLLECTIVE 51 FEHAP PDF

1 oct. Tableaux 25 et Graphique Evolution du Numerus Clausus d’entrée en deuxième année des études Source: conventions collectives, CISME, établissements hospitaliers privés à nut non lucratif (FEHAP). 16 oct. A propos de la convention collective de l’AURA Convention collective FEHAP L’AURA est adhérente à la Fédération des Etablissements. -Convention-Collective-Nationale-CCN T+ monthly /Avenants-signes-de-la-Convention-Collective-Nationale-CCN/Avenant-n /note-CAFehap-avec-annexe T+ never .

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This report examines the role of social partner associations and clolective bargaining in the economic subsector of hospital activities. The study first outlines the economic background of the sector. It then describes the relevant social partner associations in all EU Member States, focusing conventiob particular on membership levels, their role in collective bargaining and public policy, and their national and European affiliations.

The final section analyses the relevant European associations, in terms of membership composition and capacity to negotiate. The aim of the EIRO representativeness studies is to identify the relevant national and supranational social partner organisations in the field of industrial relations in selected sectors. The impetus of these studies arises from the European Commission objective to recognise the representative social partner associations to be consulted under the EC Treaty provisions.

Hence, this study is designed to provide the basic information required to establish sectoral social dialogue. The study was compiled on the basis of individual national reports submitted by the EIRO correspondents.

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The text of each of these national reports is available below. The national reports were drawn up in response to a questionnaire and should be read in conjunction with it. National contributions may be available. The impetus for this study, and for similar studies in other sectors, arises from the aim of the European Commission to identify the representative social partner associations to be consulted under the provisions of the EC Treaty.

Hence, this study seeks to provide the basic information needed to set up sectoral social dialogue. Therefore, only European associations that meet this precondition will be allowed to join the European social dialogue. Against this background, this study addresses two main tasks. The first is to identify the relevant national and European associations on both sides of industry — in other words, the social partner associations.

This involves clarifying the unit of analysis at both the national and European level of interest representation. At both national and European level, a multiplicity of associations exist that are not social partner organisations in the sense that they essentially deal with industrial relations. Thus, the need arises for clear-cut criteria which will enable analysis to differentiate the social partner organisations from other associations.

As regards the national level, classification as a sector-related social partner organisation implies fulfilling one of two criteria. Taking affiliation to a European social partner organisation as a sufficient criterion for determining a national association as a social partner implies that such an association may not be involved at all in industrial relations in its own country.

Hence, this selection criterion may seem odd at first glance. However, if a national association is a member of a European social partner organisation, it becomes involved in industrial relations matters through its membership in the European organisation.

Furthermore, it is important to assess whether the national affiliates to the European social partner organisations are engaged in industrial relations in their respective country. In terms of the selection criteria for the European organisations, this report includes the European social partner organisations, as defined above, as well as any other sector-related European association which has under its umbrella sector-related national social partner organisations — also defined above.

For a comparative analysis of the hospital sector, the reference to collective bargaining raises a conceptual problem which generally applies to the public sector or certain parts of it in several countries where collective bargaining in the genuine sense is not established.

Collective bargaining in the genuine sense implies joint regulation of the employment terms, resulting from negotiations between parties with equal bargaining rights. This does not hold true for the public sector if the statutory power to regulate the employment terms unilaterally remains with the state bodies.

In these circumstances, the trade unions can enter only a process of consultation or de facto negotiations with the authorities. Borderline cases also arise in that unilateral regulation is given in formal terms, whereas the outcome of de facto negotiations or consultation is generally regarded as binding in practice. This conceptual problem is central to the present study since involvement in collective bargaining is a definitional property of a social partner organisation, as outlined above.

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Applying the concept of bargaining in the genuine sense to the hospital sector, which usually covers a large public sector segment, would thus exclude this segment and its numerous associations in a sizeable number of countries. Instead, the analysis adopts a less strict concept that refers to whether trade unions of the public sector can exert a significant influence on the regulation of the employment terms through collective bargaining in the genuine sense or a recurrent practice of either de facto negotiations or consultation.

Associations that meet this condition are registered as relevant.

For each of these associations, this study documents whether this relevance is based on collective bargaining, or de facto negotiations and consultation. More specifically, the hospital sector is defined as embracing NACE The domains of the trade unions and employer associations, and similarly the scope of relevant collective agreements, are likely to vary from this precise NACE demarcation.

Therefore, vehap study includes all trade unions, employer associations and multi-employer collective agreements that are sector-related in terms of any of the following four patterns:.

Hence, they are the reference associations with regard to analysing the European level and, for the purposes of this study, affiliation to one of these European organisations is thus one sufficient criterion for classifying a national association as a social partner organisation.

However, it should be noted that the constituent criterion is sector-related membership. The collection of clnvention data, such collecctive those on membership, is collfctive when it comes to investigating the representativeness of the social partner organisations.

Unless cited otherwise, this study draws from the country studies provided by the EIRO national centres. It is often difficult to find precise quantitative data.

In such cases, rough estimates are offered rather than leaving a question blank, given the practical and political relevance of this study. However, if the reliability of an estimate is doubtful, this will be noted. While the data sources of the economic figures cited in this report are generally statistics, the figures relating to the associations are either administrative data or estimates.

The study consists of three main parts, beginning with a brief summary of the economic background of the sector. The report then analyses the relevant social partner organisations in concention 27 EU Member States. The third part considers their counterparts at Coloective level.

Each section will contain a brief introduction explaining the concept of representativeness in greater detail, followed by the study findings. As representativeness is a complex issue, it requires separate rehap of the national and European levels for two reasons. Firstly, account has to be taken of how national regulations and practices capture representativeness.

Secondly, the national and European organisations differ in their tasks and scope of activities. The concept of representativeness must adapt to this difference.

Finally, it is worth highlighting the difference between the academic and political aspects of this study. While the report provides data on the representativeness of the organisations under consideration, it does not reach any definite conclusion on whether the representativeness of the European interest organisations and their national affiliates is sufficient for admission to the European social dialogue.

The reason for this is that defining criteria for sufficient representativeness is a matter for political decision rather than an issue for research analysis. Tables 1 and 2 give an overview of the socioeconomic development of the hospital sector from the early s to the early s, presenting a few indicators which are important to industrial relations and the social dialogue.

It is important to note that the meaning of what is listed here as companies widely differs across countries. In most cases, this meaning refers to the hospitals themselves as employers.

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In some countries, however, the notion of companies also stands for higher-order holdings which operate as employers. For this reason, the figures on companies are not strictly comparable across countries. Nevertheless, they allow for a longitudinal perspective. For those countries recording related data, it appears that the number of cases registering an increase in the number of companies is almost equal to the number of countries where the number of comvention declined.

This observation contrasts with the development of employment. In nine of the 12 countries for which data are available, total employment expanded. Likewise, the number of employees increased in 11 countries, whereas a decline was observed in four cases. In most countries, the number of employees comes close to the number of total employment. Female employment clearly prevails in the sector in all countries recording statistics according to gender.

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See Annex for list of collecyive codes. Table 2 also reveals that the hospital sector represents a notable share of overall employment.

In particular, this applies to the number of employees in the sector as a proportion of the total number of employees in the economy, with a percentage ranging from 2.

Over the time period under consideration —this proportion increased in nine countries, while it declined in five countries. It remained stable in Portugal and Slovenia. Finally, it is worth emphasising two properties of the sector which are particularly important to how its system of industrial relations is structured.

Employeurs de l’économie sociale ~ SNALESS

Firstly, the sector is usually differentiated into a larger public segment and a smaller private one. Secondly, the sector — like other parts of the broader health and social collectige sector covention is characterised by a high degree of professional education of the labour force. This high professional level is often based on formal licensing, including such occupations as doctors, nurses and physiotherapists.

A clear, formally established division of labour exists among the professions in terms of tasks and responsibilities. The most important rights addressed by such regulations include: Under these circumstances, representativeness is normally measured by the membership strength of the organisations.

As outlined above, the representativeness of the national social partner organisations is of interest to this study in connection with the capacity of their European umbrella organisations for participation in the European social dialogue. Hence, the role of the national actors in collective bargaining and public policymaking constitutes another important component of representativeness.

The effectiveness of the European social dialogue tends collectivw increase with the growing ability of the national affiliates of the European associations to regulate the employment xollective and to influence national public policies affecting the sector.

As cross-nationally comparative analysis shows, a generally positive correlation emerges between the bargaining role of the social partners and their involvement in public policy see Traxler, F.

Social partner organisations that are engaged in multi-employer bargaining play a significantly stronger role in state policies than their counterparts in countries where multi-employer bargaining is lacking. The explanation for this finding is that only multi-employer agreements matter coolective macroeconomic terms, setting an incentive for governments to persistently seek the cooperation of the social partner organisations. If single-employer bargaining prevails in a country, none of the collective agreements will have a noticeable effect on the economy due to their limited scope.

As a result, the basis for generalised colkective policy ffhap will be absent. In summary, representativeness is a multi-dimensional concept that embraces three basic elements: The membership domain of an association, as colective established by its constitution, demarcates its potential members from other groups which the association does not claim to represent. As explained above, this study considers only associations whose domain relates to the hospital sector.

For reasons of space, it is impossible to outline in detail the domain demarcations of all of the associations. Regarding membership strength, a differentiation should be made between strength in terms of the absolute number of members and strength in relative terms.

Furthermore, a difference also arises between trade unions and employer associations when measuring membership strength. Trade union membership simply means the number of unionised persons.

[PE] AGESPA Aide-soignant / Aide-soignante

In addition to taking the total membership of a trade union as an indicator of its strength, it is also reasonable to break down this membership total according to the sex of the members. However, the situation regarding employer associations is more complex since they organise collective entities, in other words, companies that employ workers.

Hence, in this instance, two possible measures of membership strength may be used, one referring to the companies themselves, and the other to the employees working in the member companies of an employer association.