Institutional and labour relations regimes promoting decent working conditions for Local and Regional Government (LRG) workers in Croatia, Germany, Greece, Spain, and Sweden

Pavlovaite, Inga; Asenov, Rosen; Henningsen, Astrid Working Paper Institutional and labour relations regimes promoting decent working conditions for Local and Regional Government (LRG) workers in Croatia, Germany, Greece, Spain, and Sweden ILO Working Paper, No. 114 Provided in Cooperation with: International Labour Organization (ILO), Geneva Suggested Citation: Pavlovaite, Inga; Asenov, Rosen; Henningsen, Astrid (2024) : Institutional and labour relations regimes promoting decent working conditions for Local and Regional Government (LRG) workers in Croatia, Germany, Greece, Spain, and Sweden, ILO Working Paper, No. 114, ISBN 978-92-2-040461-4, International Labour Organization (ILO), Geneva, https://doi.org/10.54394/XJRA9504 This Version is available at: https://hdl.handle.net/10419/296570 Standard-Nutzungsbedingungen: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Zwecken und zum Privatgebrauch gespeichert und kopiert werden. 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If the documents have been made available under an Open Content Licence (especially Creative Commons Licences), you may exercise further usage rights as specified in the indicated licence. https://creativecommons.org/licenses/by/4.0/ XInstitutional and labour relations regimes promoting decent working conditions for Local and Regional Government (LRG) Workers in Croatia, Germany, Greece, Spain, and Sweden Authors / Inga Pavlovaite, Rosen Asenov, Astrid Henningsen May / 2024 ILO Working Paper 114 Copyright © International Labour Organization 2024 This is an open access work distributed under the Creative Commons Attribution 4.0 International License (https://creativecommons.org/licenses/by/4.0/). Users can reuse, share, adapt and build upon the original work, as detailed in the License. The ILO must be clearly credited as the owner of the original work. The use of the emblem of the ILO is not permitted in connection with users’ work. Attribution – The work must be cited as follows: Pavlovaite, I., Asenov, R., Henningsen, A. Institutional and labour relations regimes promoting decent working conditions for Local and Regional Government (LRG) Workers in Croatia, Germany, Greece, Spain, and Sweden. ILO Working Paper 114. Geneva: International Labour Office, 2024. Translations – In case of a translation of this work, the following disclaimer must be added along with the attribution: This translation was not created by the International Labour Organization (ILO) and should not be considered an official ILO translation. The ILO is not responsible for the content or accuracy of this translation. Adaptations – In case of an adaptation of this work, the following disclaimer must be added along with the attribution: This is an adaptation of an original work by the International Labour Organization (ILO). 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Reference to names of firms and commercial products and processes does not imply their endorsement by the ILO, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. Information on ILO publications and digital products can be found at: www.ilo.org/publns ILO Working Papers summarize the results of ILO research in progress, and seek to stimulate discussion of a range of issues related to the world of work. Comments on this ILO Working Paper are welcome and can be sent to [email protected]g. Authorization for publication: Frank Hagemann, Director, SECTOR ILO Working Papers can be found at: www.ilo.org/global/publications/working-papers Suggested citation: Pavlovaite, I., Asenov, R., Henningsen, A. 2024. Institutional and labour relations regimes promoting decent working conditions for Local and Regional Government (LRG) Workers in Croatia, Germany, Greece, Spain, and Sweden, ILO Working Paper 114 (Geneva, ILO). https://doi.org/10.54394/ XJRA9504 01 ILO Working Paper 114 Abstract This publication presents a comparative analysis of the Local and Regional Government (LRG) sector workforce in five European countries: Croatia, Germany, Greece, Spain, and Sweden. Despite variations in governance models and industrial relations, commonalities emerge, such as the LRG sector's significance in the national public sector, a predominant female workforce, and strong organization within social dialogue and collective bargaining systems. Governance structures influence LRG workforce size, with Croatia and Greece displaying highly centralized administrations, while Spain, Sweden, and Germany showcase stronger LRG-level administrations. Notably, LRG workers constitute a substantial portion of public sector employment across all five countries. The gender pay gap is lower in the public sector than the private sector, declining over time. Diverging historical trends in LRG sector size are observed, with increases in Germany, Spain, and Sweden, while Greece experienced a decline linked to austerity measures. The study highlights variations in labour regimes. Training rights for LRG workers lack legal provisions in all countries except Spain, where it is included in collective bargaining. LRG workers benefit from a strong right to association, union representation, social dialogue traditions, and extensive collective bargaining coverage. Trade union presence is higher in the LRG sector compared to the private sector. Legal rights to strike exist for LRG workers in all countries except for German civil servants in the sector. While the ratification of the ILO Violence and Harassment Convention (No.190) is limited, all five countries have enacted national and EU legislation against workplace discrimination and harassment. About the authors Inga Pavlovaite has 20 years of experience of undertaking pan-European research and evaluation studies to assess the effectiveness of policies and practices across a range of policy areas, including social and employment policies, social dialogue and industrial relations, and skills development. Her work included a number of studies on the working conditions, social partner landscape, digitalisation, and capacity building needs in the local and regional government across the European countries. Rosen Asenov has over 10 years of research and evaluation experience with a focus on promoting inclusion and equity at international and national levels. He is highly experienced in contributing to qualitative research design; reporting, data collection and analysis (document review, interviews, focus group discussions, surveys, observation). Astrid Henningsen has over 20 years’ experience of providing specialised research and evaluation services at a transnational level. She has undertaken preparatory analysis, comparative studies and interim and final/ex-post evaluations and provided guidance on monitoring and evaluation and provided capacity building and training. 02 ILO Working Paper 114 Abstract 01 About the authors 01 Acronyms 06 Executive Summary 07 XIntroduction 09 Sectoral social dialogue at EU level 10 Localizing SDGs for inclusive development 11 Model of analysis and methodology 12 X1 Croatia 14 Governance system 14 LRG labour statistics 15 Sectoral breakdown 16 Labour regimes 16 Pay structures 17 Training 18 Trade union rights and working conditions 18 X2 Germany 20 Governance system 20 Services provided by municipalities 20 LRG labour statistics 21 Sectoral breakdown 22 Labour regimes 23 Pay structures 24 Training 24 Trade union rights and working conditions 25 X3 Greece 27 Governance system 27 Services provided by Subnational governments 27 LRG labour statistics 28 Sectoral breakdown 29 Labour regimes 30 Pay structures 30 Table of contents 03 ILO Working Paper 114 Training 31 Trade union rights and working conditions 31 X4 Spain 33 Governance system 33 LRG labour statistics 34 Sectoral breakdown 35 Labour regimes 35 Pay structures 36 Training 37 Trade union rights and working conditions 37 X5 Sweden 39 Governance system 39 LRG labour statistics 40 Sectoral breakdown 42 Labour regimes 43 Pay structures 44 Training 45 Trade union rights and working conditions 45 X6 Comparative summary 47 Governance systems 47 LRG labour statistics 47 Gender breakdown 47 Labour codes 48 Right to training and professional development 48 Trade union rights and working conditions 48 References 50 04 ILO Working Paper 114 List of Figures Figure 1. Croatia: government structure 14 Figure 2. Croatia: gross wages, public administration and defence; compulsory social security (2012 - 2022, EUR) 17 Figure 3. Croatia: gender pay gap (per cent), 2016-2019 18 Figure 4. Germany: the government structure 20 Figure 5. Germany: Gross monthly wage, 2020, EUR 24 Figure 6. Greece: the government structure 27 Figure 7. Greece: Evolution of employment in public administration and defence; compulsory social security (thousands), share of total employment 29 Figure 8. Spain: the government structure 33 Figure 9. Spain: Growth in employment (thousands of employees) 34 Figure 10. Spain: gender pay gap (2013 - 2022) 37 Figure 11. Sweden: The government structure 40 Figure 12. Sweden: Private and public employment by government level 41 05 ILO Working Paper 114 List of Tables Table 1: Dimensions and characteristics of decentralization 09 Table 2. Some agreed products of SSDC LRG, 2008-2015 10 Table 3. Industrial relations regimes in countries under study 13 Table 4. Decentralization Index 13 Table 5. Croatia: Employment by sub-sector, 2018 16 Table 6. Germany: Evolution of public employment by government level 21 Table 7. Germany: Female employment, 2020 22 Table 8. Germany: Part-time employment, 2020 22 Table 9. Germany: Employment by sub-sector, 2020 22 Table 10. Germany: Employees by employment status, 2020 23 Table 11. Germany: Employees by place of work, at the level of Länder, 2020 23 Table 12. Germany: Number of workers striking and strike days, 2015-2020: Public administration, defence and compulsory social security vs. other sectors 26 Table 13. Germany: Number of strikes, 2022: Public administration, defence and compulsory social security vs. other sectors 26 Table 14. Greece: number of employees in the local and regional administration (LRG), 2012 - 2017 29 Table 15. Greece: Gender pay gap in unadjusted form by type of ownership of the economic activity 30 Table 16. Spain: number of employees in the local and regional administration (LRG), 2019 35 Table 17. Sweden: Female employment, 2019 (in thousands) 41 Table 18. Sweden: Part-time employment, 2020 42 Table 19. Sweden: Employment by sub-sector, 2020 42 Table 20. Sweden: Employees by place of work, 2019 43 Table 21. Sweden: Gross monthly wage 2022 (SEK) by gender, and pay gaps 2015/2022 44 12 ILO Working Paper 114 pollution, especially from land-based sources such as plastics. Maintenance of the coastlines, beaches, and solid waste management fall within the LRGs’ mandate. ●SDG 15: Protect, restore, and promote sustainable utilization of terrestrial ecosystems, manage forests sustainably, combat desertification, as well as halt and reverse land degradation and terminate the loss of biodiversity. Operating in communities, LRGs understand and appreciate the material conditions of local people who may be engaged in deforestation. They are better placed to lead sensitization programmes and design alternative sources of energy for local communities. Model of analysis and methodology This study seeks to reflect on the key issues affecting LRG workers in five European countries: Croatia, Germany, Greece, Spain, and Sweden which represent the different geographies, state organization models, and income levels. Although they are not representative of the whole of Europe, they are sufficient for a snapshot analysis of the situation obtaining in LRGs across Europe’s diverse degrees of decentralization. The report is based primarily on desk research of available information, including European and national statistics, statistical banks, reports, studies, and publications. The information was obtained through a general search of key policy databases and general information holders at the national level (such as national statistical institutes). In addition, responses to the questionnaire issued to the affiliates of EPSU/PSI2 and Council of European Municipalities and Regions (CEMR)3 have been reflected in the report results. The countries selected also represent a sample of the centralized industrial relations regimes, as defined by the European Commission in 2008 according to the manner the countries generally address them, as follows: ●organised corporatism, with union density higher than employer density, but high collective bargaining coverage; ●social partnership, with employer density higher than union density, but also high collective bargaining coverage; ●state-centred, with high employer density, low union density, and high collective bargaining coverage. Other two regimes are not studied here: ●liberal, with low union and employer organization density and collective bargaining coverage; and ●mixed, even lower than the liberal model on all three areas. This study focusses on the three typologies with centralized collective bargaining: Sweden, an organised corporatism country; Germany, a social partnership country; and Greece, Croatia, and Spain, which are state-centred. Collective bargaining in Sweden and Germany is mainly at the sectoral level, while the OECD has characterised the principal level of bargaining in the remaining three countries as “variable/unstable” (Visser 2009, 49). 2EU affiliates are both affiliated to EPSU and PSI; PSI is the social partner of the ILO. 3CEMR is the European social partner of employers in the LRG sector. 13 ILO Working Paper 114 XTable 3. Industrial relations regimes in countries under study Regimes/ countries Union density Employer association density collective bargaining coverage Organised Corporatism Sweden 65.2 (2019) 80-90 (2018) 90.0 (2018) Social Partnership Germany 16.3 67.8 (2019) 51.8 (2019) State-centred Croatia 20.8 (2018) 56.3 (2014) 46.7 (2017) Greece 19.0 (2016) 52.7 (2017) 25.8 Spain 12.4 77 80.1 Sources: ILOSTAT; OECD /AIAS ICTWSS database (Sept 2023) The five countries selected also represent different forms of the decentralisation and organisation of the delivery of public services at the local and regional level. Indeed, the form and character of decentralization has implications on the working conditions of sub-national workers. According to the Decentralization Index – An interactive tool with a perspective on different dimensions of decentralisation (political, administrative and fiscal) across the 27 EU Member States, Germany and Latvia are the most politically decentralized countries at the local level in the EU region with Ireland being the least decentralised. Administratively, Denmark ranks first followed by Estonia and Poland while Ireland is the least administratively decentralized. In terms of fiscal decentralization, Denmark ranks first regarding the expenditure ratio (i.e., the relative share of overall sub-national expenditure compared to total government expenditure) followed by Spain, and Germany. The Decentralization Index measures the degree of decentralization based on the three different dimensions of decentralization (political, fiscal, and administrative) by allocating a score of between 0 – 3 to each of the 27 EU member countries. A score of 3 implies the highest degree of decentralization while a score of 0 means the least degree of decentralization. On this basis, the five countries, which are a focus of this study score differently on the Decentralization Index as shown in the table below. XTable 4. Decentralization Index Country Decentralization Score Overall Decentralization Score Decentration Index Rank out of EU27Political Fiscal Administrative Croatia 1.5 21.2 1.6 16/27 Germany 2.5 3 2 2.5 1/27 Greece 1.8 0.3 1.6 1.3 22/27 Spain 1.8 2.7 2.2 2.2 6/27 Sweden 1.8 32.3 2.4 4/27 Source: European Committee of the Regions: Decentralization Index, accessed September 2022 14 ILO Working Paper 114 X1 Croatia Croatia has three levels of governance - central level, regional level consisting of 21 regional government units - 20 counties (županija) and the City of Zagreb and local level that includes 428 municipalities (općine) and 128 towns/cities (gradovi). The constitutional basis for the establishment of Local and Regional Self-Government is enshrined in Part VI of the Constitution of Croatia.4 Governance system Croatia has a highly centralized administration consisting of strong central government and LRGs that act as intermediary in organizing centrally led and financed health, education, and social welfare services (European Commission 2018a). XFigure 1. Croatia: government structure The central state authorities are responsible for overall legislation and execution, the state budget and annual accounts, security and defence, adoption of decrees to implement laws, foreign and domestic policy, direction and control over the civil service operation, economic development, direction of the performance and development of public services. 4Croatia, “Croatia’s Constitution of 1991 with Amendments through 2010”; European Committee of the Regions, “Division of Powers: Croatia” 15 ILO Working Paper 114 Counties, in turn, are in charge of the following activities: - education, - medical care, - town and urban planning, - economic development, - transit and traffic infrastructure, - planning and development of the network of educational, medical, social and cultural institutions, and - issuing building and location permits, other acts related to construction, and the implementation of physical planning documents within their physical area but outside large cities. Municipalities perform tasks of local importance that directly address the citizens’ needs and are not assigned to state bodies, such as: - organization of settlements and housing, - town and urban planning, - utility services, - child-care, - social welfare, - primary health protection, - education and primary-school education, - culture, physical culture and sports, - consumer protection, - protection and improvement of natural environment, - fire-protection and civil defence, - traffic Large cities have broader jurisdiction, which also includes the municipal economy, maintenance of public roads, issuing building and location permits, other acts related to construction, and the implementation of physical planning documents within their physical area. LRG labour statistics There are no complete statistics about LRG sector employment in Croatia. Estimates show that in 2015, there were 317,075 government employees in Croatia (about 18 per cent of the country’s workforce), out of which 87 per cent were central government employees, and the remaining 16 ILO Working Paper 114 13 per cent (around 41,000) were employed in the LRGs, indicating a large and highly centralized public administration in Croatia (European Commission 2018a, 102-103). Between 2016 and 2018, the LRG sector employed some 36,000 employees, out of which 22,000 (60 per cent) were local government and around 14,000 (40 per cent) were employed in the regional government (Eurofound 2019). Sectoral breakdown Within the LRG sector, about half of employees work in local government administration, a third is employed in social work services, and the rest (20 per cent) are in the residential care services, libraries, archives, museums and cultural activities. At the regional level, less than a fifth of the public sector employees are in the regional government administration, and the remaining over 80 per cent are evenly widespread in residential care services, social work activities, and libraries, archives, museums and cultural activities. XTable 5. Croatia: Employment by sub-sector, 2018 Numbers of Employees in the entire LRG sector 36 057 (Croatian Bureau of Statistics) Numbers or estimates of the numbers of Local Administration Employees Administration of local governments Residential care activities under the responsibility of municipalities Social work activities under the responsibility of municipalities Libraries, archives, museums and cultural activities under the responsibility of municipalities 22,308 9,765 3,654 7,015 1,874 Number or estimates of the numbers of regional administration Employees Administration of regional governments Residential care activities under the responsibility of regional administration* Social work activities under the responsibility of regional administration* Libraries, archives, museums and cultural activities under the responsibility of regional administration* 14,521 (est.) 2,521 4,000 (estimation) 4,000 (estimation) 4,000 (estimation) * These activities can be financed or governed by regional government / administration. Source: Pavlovaite et al, 2022. Labour regimes There are two main forms of labour regimes and employment in the public sector: the civil servant and the employee. Civil servants employed by the central state (within the ‘state administration system’) at the central level and LRGs are regulated separately from employees and other workers in all parts of public administration who are employed based on labour contracts regulated by the Labour Act of 2014. Civil servants perform administrative and professional tasks within the field of activity of their relevant bodies, whereas employees perform supporting and auxiliary tasks. The Act on Civil Servants and Employees in Local and Regional Self-government regulates the rights, duties and responsibilities, as well as other matters relevant for the work of civil servants and employees in local government units’ administrative bodies. Most state-employed workers in the administration are civil servants. The largest share of civil servants is in the state (central and LRG) administration – 93 per cent of all employed. In the LRG, their share is 88 per cent, and in centrally financed public services it is 86 per cent. The civil servants’ rights established in the Civil service legislation include the right to salary, the right to training, the right to equal treatment in service, political rights, and the right to be protected in the event of whistleblowing, among others (European Commission 2018a). 17 ILO Working Paper 114 Pay structures The Government Decree of 2001 (with multiple later amendments) establishes the coefficients that determine civil servants’ remuneration, complemented by other factors. High-ranking senior civil servants are paid less than their counterparts in the private sector, while the salaries in the lower echelons of public administration are higher than the lowest salaries in the private sector (European Commission 2018a). Average wages in the public sector in Croatia declined between 2008 and 2016. In 2020, the government increased the wages for all civil and public servants by 6.12 per cent (in three increments of 2 per cent). XFigure 2. Croatia: gross wages, public administration and defence; compulsory social security (2012 - 2022, EUR) Source: ILOSTAT In 2021, men working in the public sector earned eight per cent more than women on average (Salary Explorer 2021). However, overall, in the public sector the gender pay gap was lower than in the private sector and decreased slightly in the last years. 18 ILO Working Paper 114 XFigure 3. Croatia: gender pay gap (per cent), 2016-2019 Source: Eurostat Training In Croatia, civil service training is seen as closely linked to the objectives and processes of public administration reforms. These links are explicitly recognised, making civil servants’ participation in training activities and programmes both a right and an obligation (OECD 2008). Article 54 of the Labour Act obliges the employer provide “schooling, education, vocational as well as professional training for the worker.” In-service training for civil servants is partially centralised. In 2004, the Civil Servants’ Training Centre was established as the main training institution responsible for promoting and implementing civil service reforms. Training programmes and curricula for civil servants are derived from training needs assessments. More than ten state bodies continue to organise in-service training in their respective fields (tax administration, diplomacy, etc.) (European Commission 2018a). Trade union rights and working conditions There are no collective agreements covering the whole of local and regional administration. Out of all workers in the LRG sector, half are covered by multi-employer and single employer collective bargaining. Collective agreements are bargained and signed separately at the regional and local levels, and they cover around 70 per cent of the workers in the LRG administration, public order and safety, 20 per cent of the workers in the fire service, and 10 per cent of the social workers under LRG, residential workers, and library, archives and museum and cultural activities employees under LRG (Eurofound 2019). There is significant heterogeneity in the extent and patterns of collective bargaining in LRG units. There are LRG units in which rights of all employees, including in enterprises they own, are regulated by regular collective bargaining agreements. There are also LRG units in which collective agreements were concluded only for a segment of employees. This situation results in lack of coordination of employees' rights in different units of local government. 19 ILO Working Paper 114 The Trade Union of State and Local Civil Servants and Employees of Croatia (SDLSN) is the only trade union that represents all types of public service workers. SDLSN - the strongest trade union in the sector and member of PSI, EPSU, ITUC and ETUC - is involved in multi-employer and collective bargaining in the sector and is consulted by the government on working conditions or employment related issues in the sector (Eurofound 2019). In some cities or regions there are some smaller and less influential TUs, which are not representative for the collective bargaining. Public sector trade unions have been successful in challenging outsourcing reforms, such as a reform intended to outsource about 26,500 jobs from public administration to the private sector in 2014 (European Commission 2018a). The other three local government associations promoting and serving the interests of sub-national governments include the Association of Municipalities which cover 283 associated municipalities out of 428; Association of Towns, with 121 out of 128 towns; and the Croatian County Association with 20 counties and the City of Zagreb as members. The three associations are all members of CEMR. The right to strike is constitutionally guaranteed with some restrictions that apply to the armed forces, the police, the civil service and public services (where some LRG workers are working, such as in the municipal police for example) (EPSU and ETUI 2020a).5 Such workers even when on strike must continue to work to guarantee minimum services in their area of responsibility.6 According to the Labour Act, only trade unions have the right to call and undertake a strike.7 There is a significant body of European countries that are implementing national legislation on the prohibition of discrimination and harassment at work.8 However, Croatia has not ratified ILO Convention on the Elimination of Violence and Harassment in the World of Work, 2019 (No. 190). 5Article 61 of the Constitution of the Republic of Croatia guarantees the right to strike with some restrictions as follows: ‘The right to strike shall be guaranteed. The right to strike may be restricted in the armed forces, the police, the civil service and public services as specified by law. 6See Croatia Police Act, Article 96, The Law on Police 7There are no data about the number of strikes, number of workers striking, and number of strike days in Croatia. 8Article 2 of the TFEU establishes the non-discrimination principle as one of the fundamental values of the Union, while Article 10 of the TFEU specifies the discrimination grounds recognised in legislation, this is complemented by the Employment Equality Directive (Directive 2000/78/EC); the Racial Equality Directive (Directive 2000/43/EC) 20 ILO Working Paper 114 X2 Germany Governance system Germany is a federal state, consisting of three levels of government – national federal government, 16 states (Länder) and 11,054 municipalities. The Basic Law (the Constitution) defines the federal and state governments' legislative responsibilities as exclusive federal powers (Articles 71 and 73), competing powers (Articles 72, 74), shared powers (Article 72), and exclusive state /region powers (Article 70). The regions have exclusive powers in the police (excluding federal police), most of education, the press, freedom of assembly, public housing, prisons, and media affairs. Municipalities are the lowest level of administration in Germany. There are several types of municipalities in Germany, with different levels of autonomy. XFigure 4. Germany: the government structure Services provided by municipalities The federal government can exercise authority only in the areas specified in the Basic Law. The exclusive legislative jurisdiction of the federal government includes defence, foreign affairs, immigration, citizenship, communications and currency standards 21 ILO Working Paper 114 The federal and state governments share concurrent powers in several areas including but not limited to business law, civil law, welfare, taxation, consumer protection, public holidays and public health. German states organize registry offices, food inspection, civil registration, and statistical work. The lowest level of official territorial division are the five main different types of municipalities. The municipalities have “mandatory tasks that are prescribed by federal or state laws . . . . These include passport and civil registration services, the provision of schools and roads, urban land-use planning, street cleaning and wastewater management. . . . In addition, there are voluntary municipal tasks such as culture, sports facilities and local development cooperation.” (Engagement Global 2023) Other municipal tasks include road construction, transport, maintenance of schools and kindergartens, public safety (fire protection service, labour inspectorate, building inspectorate), social assistance (social welfare, old people‘s homes, homeless shelters), education and culture (adult education centres, libraries, theatres, orchestras, museums), utilities (water, electricity, gas), housing construction, urban planning, economic development, health and youth welfare, waste disposal, sewerage, green spaces, recreation, cemeteries, hospitals, playgrounds, and sports facilities. LRG labour statistics Currently, more than six million public sector employees work in the country, where most or 41 per cent are at the regional governments, 38 per cent in the municipal governments and 12 per cent in the federal government. The number of employees has increased at all government levels over the last five years, with the highest increase observed at the municipal level (+12 per cent). XTable 6. Germany: Evolution of public employment by government level 2015 2016 2017 2018 2019 2020 Change 20152020 Federal 690,890 692,840 702,745 716,405 734,050 755,070 9% Regional 2,501,095 2,527,215 2,556,870 2,602,305 2,650,600 2,684,645 7% Municipal 2,218,510 2,257,845 2,317,270 2,362,785 2,416,970 2,478,450 12% Social insurance 407,845 410,355 411,880 413,885 414,425 419,180 3% Total 5,818,340 5,888,260 5,988,765 6,095,375 6,216,040 6,337,345 9% Source: Federal Statistics Office Over half of the employees in the public sector are women. The share of female employment is particularly high at the municipal and regional level, in contrast with less than a third of female employees at the federal level. 28 ILO Working Paper 114 Article 102 of the Greek Constitution establishes the foundations for the provision of subnational government services: “The range and categories of local affairs, as well as their allocation to each level, shall be specified by law. Law may assign to local government agencies the exercise of competences constituting mission of the State.” Decentralised state administrations supervise regional and municipal authorities, assess the legality of administrative acts of municipal authorities, manage state assets etc. There are several areas of concurrent powers between regions and municipalities, and others are exclusive to each. Regions are responsible for regional development planning, “green development”; agriculture, livestock, fishery; natural resources, and energy-industry (water management, mineral wealth, energy, industry and manufacturing); employment, trade and tourism; transports and communications; works, spatial planning, and environment; health; education, culture, and sports; and civil protection, and logistics. Municipalities are responsible for building permits and urban planning applications; issuing of professional licences; rural development, agriculture, livestock and fisheries; transport infrastructure; healthcare; education; environment; quality of life and proper functioning of cities and settlements; employment; social protection and solidarity; education, culture and sports; and civil protection. However, insular municipalities exercise additional powers in the following areas: agriculture; natural resources, energy and industry; employment, trade and tourism; transports and communications; and works, urban and spatial planning and environment. (Council of Europe 2012) The economic adjustment programme for Greece called for merging municipalities, prefectures and regions with the aim of reducing operating costs and “establish local government units sizeable enough to marshal resources and skills useful for the absorption of EU funding.” (European Commission 2011) As a result, 325 municipalities were created from 1034 previously existing ones (Sotiropoulos 2018), part of around 4,500 local government entities that were closed or merged. (European Commission 2011) However, a recent study “[u]sing data for the 2005-2018 period, [found] very weak evidence of the reform on current costs, while the amalgamation of municipalities is associated with a significant decrease in per capita investment of around 31 Percent. This effect is robust, persistent, and associated with a substantial decline in GDP per capita of about 5% after the amalgamation took place.” (Benos et al. 2023) LRG labour statistics In 2022, there were 371,800 public administration employees in Greece. Public administration employment in Greece shrank by 18.2 per cent between its pre-crisis level of 382,000 in the first quarter of 2008 and its zenith in 2019 (Table 16). This trend is connected to the austerity measures related to Greece’s 2008-2009 economic crisis, which led to layoffs and 50 per cent reduction in government subsidies to the local administration (Pavlovaite et al, 2019). 29 ILO Working Paper 114 XFigure 7. Greece: Evolution of employment in public administration and defence; compulsory social security (thousands), share of total employment Sources: ILOSTAT Sectoral breakdown The share of the central government in the public sector employment was 84 per cent, and that of the local and regional government – 15 per cent and one per cent, respectively.11 Between 2015 and 2017, the number of employees at the local government/municipal level reduced from 82,769 to 74,134, the majority of whom - around 66,000 (89 per cent) – were employed in the local administration. An even higher decrease took place at the regional level between 2012 and 2015 when the number of regional administration employees was reduced by more than half from 14,943 in 2012 to 6,803 in 2015 (Table 14). Apart from the overall number of employees, it was not possible to find disaggregated data at regional or municipal level by, for example, department. XTable 14. Greece: number of employees in the local and regional administration (LRG), 2012 - 2017 Year Total number of Local administration employees Administration of local governments Municipal administration: Residential care activities Municipal administration: Social work activities Municipal administration: Libraries, archives, museums and cultural activities Total number of regional administration employees 2012 -65,919 672 7,066 477 14,943 2015 82,769 - - - - 6,803 2017 74,134 - - - - - NOTE: ELSTAT no longer publishes two-digit economic activity data. Also, it was not possible to find the gender-disaggregated data for local and regional government employees. Sources: European Union, 2018; Hellenic Statistical Authority (ELSTAT), 2017; European Council, 2012. 11 European Union, "The Public Administration and characteristics in the EU 28: Greece", 2018 30 ILO Working Paper 114 Labour regimes There are two broad categories of employees of the central and local government: civil servants and public employees with a labour contract. The latter may have a contract for an indefinite time period or a fixed-term contract while civil servants are appointed with tenure and their employment relation with the state is regulated by the Civil Service Code (included in Laws 3528/2007, 3584/2007 and 4057/2012). However, court decisions have equated the status of civil servants with that of employees with indefinite period contracts. Public employees under fixed-term or project-based contracts, regulated by Labour Law, do not enjoy tenure of employment (European Commission 2018b). Subnational workers are represented by the ADEDY union, which represented 73.33 per cent of them in 2001 (Waltheri 2001). Pay structures Between 1997 and 2009, there were pay increases to bring the civil service in line with the private sector, with a new pay method based on a series of 36 salary scales according to each job category. Each scale is broken down into 18 levels, each one with a base salary. Employees salary is raised by one level automatically every two years. Local government contractual employees’ salaries are set by collective agreements concluded between trade unions, the Ministry of the Interior, and the Ministry for Finance. In local governments, remuneration is the same as for State civil servants (Eurostat 2015b). Remuneration in the public sector is generally defined by two factors: a) three components (basic salary, seniority and post allowance), established by law, which often changes depending on the condition of the state’s finances; and b) variations in the remuneration by ministry and state agency. The basic salary depends on educational level; the seniority allowance is added to the basic salary every three years; and a post allowance is provided to civil servants in managerial positions. There are no performance-related bonuses (European Commisssion 2018b). Between 2009 and 2013 the average income of civil servants fell by eight per cent, while that of employees in public corporations (albeit starting from a comparatively much higher level) fell by 25 per cent. In comparison, salaries in the non-banking private sector fell by 19 per cent for the same period (European Commisssion 2018b). Some categories of civil servants earn more than other public sector employees (European Commisssion 2018b). In 2021, on average, the public sector employees in Greece earned six per cent more than their private sector counterparts, with average salary in the public sector being EUR 2,520 compared to EUR 2,370 in the private sector (Salary Explorer 2021). Data specifically relating to the wages of local/regional government workers are not available, but the trend for the overall public sector wages also applies at local government level. From 2010 to 2018, the gender pay gap in the public sector declined by 53 per cent compared to one per cent decline in the private and remained smaller than that in the private sector (Table 18). XTable 15. Greece: Gender pay gap in unadjusted form by type of ownership of the economic activity 2010 2014 2018 Difference, (2010-2018) % Change (2010 – 2018) Public sector 16.4% 13.0% 7.7% 8.7% -53% Private sector 17.3% 16.4% 17.2% 0.1% -1% Source: Eurostat, “Gender pay gap in unadjusted form by type of ownership of the economic activity”. 31 ILO Working Paper 114 Training In 1994, a High Council for the Selection of Personnel was established by Law No.2190/1994 and is responsible for the selection and training of civil servants (including local and regional government workers). It is an independent authority overseeing the selection process, ensuring merit, impartiality, and transparency. In 1983, the National Centre for Public Administration and Local Government was founded with the aim of training civil servants. High level civil service officials have been trained in the National School for Public Administration before entering the public service. The Institute for In-Service Training is an additional unit of the Centre, providing continuous professional training (Hellenic Republic 2022). The Ministry of Administrative Reconstruction is responsible for standardising recruitment and skills profiles, overseeing the initial and in-service training of civil servants in the National Centre of Public Administration and monitoring the conduct of competitions for entry-level civil servants ((European Commisssion 2018b). Trade union rights and working conditions There are two major trade union confederations in Greece – ADEDY (Supreme Administration of Greek Civil Servants Trade Unions), covering the central, local, and regional government employees – a member of PSI and EPSU, and GSEE, which organises private sector employees and employees in firms and sectors under public control. Below this level is a hierarchy of union structures - primary level unions (at the base) and second level organisations (industry or occupational federations, or regional organisations, known as labour centres). ADEDY is a third-level organization with primary-level trade-unions of civil servants forming secondary-level federations which are members of ADEDY, among them is the municipal workers’ POE-OTA trade union federation (ETUI 2016a). General collective agreements which regulate the overall terms and conditions of employment of employees covered by Law No. 2738/1999 are drawn up following negotiations between these employees' most representative third-level trade union organisation (i.e. confederation) and the central government. For negotiations on issues concerning firstand second-level local authority employees, representatives of the Central Union of Municipalities and Communes of Greece (KEDE, a member of CEMR) or the Union of Prefectural Governments of Greece (ENAE) respectively are also present at the negotiations (Pavlovaite et al 2019). The Civil Servants’ Code regulates the status of public employees except some cases, which require special conditions or are subject to constant changes. In addition to civil servants and contractual staff, temporary staff are hired for three to eight months in order to cover temporary staffing requirements. Public employees have almost the same rights and obligations as civil servants, with differences related to their assessment, promotion, health and social security system and pension schemes. Temporary contractual staff do not enjoy the same rights, but some benefits are the same, such as maternity leave (Eurostat 2015b). The Civil Service Code defines the rights and obligations of civil servants and contract employees with indefinite period contracts, including workers at the local and regional government level. Individual rights include the right to privacy, the protection against dismissals, the right to participate in political activities, the freedom of association, the right to belong to a political party, and the right to strike (European Commission 2018b). The right to strike is guaranteed by Article 23 of the Constitution. Only trade unions may call strikes (ETUI 2017). As regards civil servants, a strike may be called only by the second level and third-level trade union organisations after a decision of the general assembly, or by primary trade union organisations of broader geographic regions or national coverage. Strikes are prohibited for members of the judiciary and persons serving in the security corps, including military personnel and civil servants of the armed forces and the Hellenic Coast Guard (EPSU and ETUI 2019a). There are no official statistics for strikes in Greece. According to the GSEE Institute of Employment, between May 2010 and the end of 2015, the GSEE organized 28 general strikes (20 lasting 24 hours and 4 lasting 48 hours) (ETUI 2017). 32 ILO Working Paper 114 The new Greek employment Law No. 4808/2021, domesticates the Violence and Harassment Convention, 2019 (No. 190), which, along Italy makes Greece a forerunner amongst the EU. Under this law, employers are obliged to take measures to prevent discrimination and harassment at work and to receive, investigate and manage all complaints related to violence and harassment at the workplace confidentially, without any tolerance for violence, and in a way that respects human dignity.12 12 See Articles 1 – 23 of Law No.4808/2021 33 ILO Working Paper 114 X4 Spain Governance system Spain has three levels of government - central, regional (comprised of 17 autonomous communities and the autonomous cities of Ceuta and Melilla) and local, (consisting of 50 provinces and 8, 131 municipalities). The Constitution sets out the division of powers, where exclusive, legislative, and basic competences are attributed to the State while the Autonomous Communities assume competences that are not attributed to the State and defined in their Statutes of Autonomy. The provinces exist mainly for coordinating purposes (see Figure 8). XFigure 8. Spain: the government structure Sources: European Committee of the Regions; European Commission, 2018c 34 ILO Working Paper 114 The central government has constitutionally guaranteed basic and legislative competences in different areas, such as exclusive powers in international relations, defence, administration of justice, commercial, criminal, civil and labour legislation, customs, general finances ad state debt, public health, etc. Autonomous communities have almost exclusive power to manage their own finances, education, health, social services, agriculture, industry, and trade, although the central government has the power to issue basic legislation in these areas. Depending on their Statutes, autonomous communities may have additional powers, such as regional security forces, co-official language, etc. Provinces are generally responsible for securing coordination and provision of municipal services. Municipalities, in turn, provide local public services (the type of which depends on the municipality size), such as public road maintenance, drinking water supply systems, waste collection and treatment, civil protection, etc. LRG labour statistics Between 2009 and 2019, public sector employment as a share of total employment slightly increased from around 2.8 million to just above 3 million employees, or around 15.6 per cent of all employees in Spain (Table 15). The OECD reports that “In 2021, public employment in Spain represented 16.6% of total employment,” for an annual average growth rate of 2.8 per cent (OECD 2023). The regional government share was 58 per cent, compared to around 20 per cent for the central and local government each, indicating high decentralisation from central to regional and local government (EC 2018). XFigure 9. Spain: Growth in employment (thousands of employees) Sources: Author’s calculations based on data from Eurostat, “Employment and activity by sex and age – annual data” and OECD 2021a. 35 ILO Working Paper 114 Sectoral breakdown In 2019, 43 per cent (1,313,600) of the public sector employees were employees in the local and regional administration, most of which (79 per cent) were in the regional administration. Twothirds of the regional and three-quarters of the local administration employees were employed in the administration of their respective level of government (Pavlovaite et al, 2022). There was no data on female employment at the local and regional levels of government. XTable 16. Spain: number of employees in the local and regional administration (LRG), 2019 Total number of regional administration employees Administration of regional governments Regional administration: Residential care activities Regional administration: social work activities Regional administration: libraries, archives, museums and cultural activities 1,037,000 680,000 202,000 136,000 19,000 Total number of Local administration employees Administration of local governments Municipal administration: Residential care activities Municipal administration: Social work activities Municipal administration: Libraries, archives, museums and cultural activities 276,600 203,900 37,800 25,500 9,400 Source: Pavlovaite et al, 2022 Labour regimes There are two main forms of labour regimes and employment in the public sector: the civil servant and the employee with a labour contract. Civil Servants are appointed for life and their employment relation is regulated by Administrative Law. Civil servants may hold most positions in the public sector, as the posts related to the safeguarding of public powers and the State general interest are reserved to civil servants. There is no probation period for newly employed civil servants. The employees under contract are regulated by the Employment Law; they do not enjoy tenure and are recruited only for certain positions. In 2016, civil servants represented a majority of employees in the State (81.6 per cent) and regional (64.8 per cent) administration, while in the local administration they were around 38 per cent (EC 2018). The Civil Service Basic Statute defines a Code of Conduct and ethical principles as well as rights and obligations accrued to public service workers. Rights include the right to privacy, immobility, administrative career and pay, right to association, and the right to strike, amongst others. Noncivil service employees are subject to an employment contract and are regulated by the Labour Law (Workers’ and Collective Agreements Statute). The Spanish Federation of Municipalities and Provinces represent employers, while Subnational workers are represented by the public service branches of the General Worker Union, the Worker Commissions and the Basque Workers Solidarity, which together represented 72.53 per cent of them in 2001 (Waltheri 2001). At present, there are hundreds of municipal and provincial (called autonomous) collective agreements (Eurostat 2015c).13 There were 78 collective agreements in the provincial and local administrations that had financial impacts in 2022, covering 21,302 workers.14 The Workers’ Commission reports that these agreements recorded the smallest salary increases among all economic sectors in 2021, but the greatest relative increases in 2022. (CCOO 2023, p. 16). A recent effort by the Spanish government to increase their autonomy over the centralized collective agreements was not approved by the parliament. 13 Full-text versions of the collective agreements can be found at the Collective Agreement search engine of the Labour Ministry 14 Ministry of Labour and Social Economy, statistical web page, 2022 provisional data, https://www.mites.gob.es/estadisticas/cct/cct22pro/cct_2022_av.xls, spreadsheet CCT-II.11. 36 ILO Working Paper 114 Most vacancies are filled through competition among the successful candidates. A large proportion of successful candidates are first admitted into a specific training school (e.g. tax inspectors, civil administrators or diplomats). The training may last up to 10 months, and it is more customary at the central than at the LRG levels of government. There is no clear competency framework or performance/competency appraisal that determines the individual training track for each civil servant. Public employees are entitled to training after receiving the permission of the head of the unit (Eurostat 2015c). Pay structures Remuneration of the civil servants consists of five components: the basic salary (depends on the educational level); a seniority allowance (paid every three years); rank allowance (based on the personal grade of the civil servant); post allowance (depends on the features of the job); and performance-based bonuses. Basic salary, seniority and rank allowance are established in the Annual Budgetary Law, while post allowance and bonuses are determined by each ministry in negotiations with the Ministry of Finance and Public Administration. The higher the hierarchical level, the less relevance is assigned to the three basic components (basic salary, seniority, and rank), and more to complementary rewards that are not used for working out the pension scheme (EC 2018). In 2021, on average public sector employees in Spain earned 5 per cent more than their private sector counterparts (2,780 EUR versus 2,660 EUR) across all sectors (Salary Explorer 2024). From 2011 to 2019, the gender pay gap in the public sector decreased from 13 per cent to around 10 per cent and remained smaller than that in the private sector, where a decrease was observed as well - from 21.4 per cent in 2011 to 16.2 per cent in 2019 (Table 21). 37 ILO Working Paper 114 XFigure 10. Spain: gender pay gap (2013 - 2022) Change 2013-2022, p.p. Change 2013-2022, % Public -5.4 -40% Private -8.3 -39% Source: Eurostat, earn_gr_gpgr2 Training In Spain, the development of training policies is in principle assigned to the government bodies in charge of public service and personnel policies. In addition to legal provisions, there are negotiated collective agreements regulating the details of in-service training for public servants. The in-service training of public employees is mostly governed by collective agreements (OECD 1997). The National Institute of Public Administration (INAP) is responsible for training and improvement of the Civil Service, as well as recruitment into the Civil Service; training and professional improvement of public employees; research and publishing; promoting innovation within the public administration, among others. INAP is an autonomous body within the national government of Spain, attached to the Department of Territorial Policy and Civil Service. Trade union rights and working conditions The main trade union organizations representing public employees at a state level are: The Trade Union Confederation of Workers’ Commissions (CCOO), the General Workers’ Union (UGT) (both members of PSI and EPSU) and the Confederation of Independent Trade Unions and Trade Union Confederation of Civil Servants (CSIF) (Eurostat 2015c). By law, unions must be consulted regarding working conditions, the employment framework, the code of conduct, as well as the right to strike and the establishment of minimum services in the event of a strike. The conditions of employment of the civil servants and labour staff (base salary and the employment framework), including the LRG workers, are negotiated between the Ministry of Finance and Public Administration and the public sector trade unions (EC 2018). 44 ILO Working Paper 114 Pay structures The key level for collective bargaining in Sweden is the sectoral level. There is one set of agreements for the regional and municipal sector and another set of agreements for the sector of central government administration. In the public sector, collective agreements cover almost all wage earners, white and blue-collar workers alike. They cover all public employers and the Swedish Association of Local Authorities and Regions (SALAR, a member of CEMR) represents all municipalities and regions.18 More than 80 per cent of public sector employees are organised. Collective agreements, however, also cover those not unionised. Salaries in Sweden are generally negotiated individually upon recruitment. Collective agreements in some cases regulate lowest/starting wage levels, which provide a basis for the individual negotiations. Of the approximately 680 collective agreements on wages in Sweden, fewer than 250 have specified levels for the lowest wages. These include, however, key sectors of employees working at regional or municipal level (including workers in pre-schooling and the care sector).19 Average public sector gross monthly salaries were SEK 36,600 in 2022. There are wage differences, with salaries at regional and national level being, on average, significantly higher than at municipality level: central government wages are 20 per cent higher or SEK7,900 monthly which is equivalent to EUR€707. Average public sector salaries compare globally to average private sector salaries (-6%), and the gap is comparatively larger between private sector white-collar workers and regional and central government workers (-13.4 and 13.0 per cent respectively). The gender pay gap of nine per cent in 2020 in the public sector was identical to that of the private sector, but there are marked differences between the employees in the sectors. Across public and private sectors, the gender pay gap is the smallest at municipality level (-1.5 per cent) and the highest among regional employees (-17.3 per cent). At central government level the pay gap it stood at 4.9 per cent in 2022. The gender pay gap has decreased across the public sector in the last five years, from 12 per cent to 8.2 per cent. The decrease is most marked among regional employees (from 22.3 per cent to 17.3 per cent) (See table 20). XTable 21. Sweden: Gross monthly wage 2022 (SEK) by gender, and pay gaps 2015/2022 Employment Total Women Men Difference Women/Men 2022 (%) Difference Women/Men 2015 (%) Municipal 33,700 33,600 34,100 -1.5 -4.5 Regional 41,300 39,500 47,700 -17.3 -22.3 Central government 41,500 40,500 42,600 -4.9 -7.4 Average public sector 36,600 35,700 38,900 -8.2 -11.9 Manual workers, private sector 30,800 28,600 32,000 -10.6 -10.5 Non-manual workers, private sector 47,700 43,300 51,200 -15.4 -18.4 Average private sector 39,000 36,600 40,500 -9.6 -12.0 Total average 38,300 36,200 40,200 -10.0 -12.3 Source: Statistics Sweden, ”Average monthly salary by sector 1992–2020” 18 Regions and municipalities are not obliged to be members of SALAR, but all are members. 19 See Medlingsinstitutet Kollektivavtalen och de lägsta lönerna 45 ILO Working Paper 114 Training There is no legal right to training in the public sector or for LRG workers. The collective agreement between Kommunal and SALAR does not include training and professional development provisions. In terms of OSH-related training, the Swedish Work Environment Act, 2014 states that employers must ensure that employees receive the necessary training that promote a good and safe work environment such that no one becomes sick or hurts themselves because of their work. In 2020, a draft legislation for a joint education within the state administration was published, covering basic education and continuing education for employees in the state administration (Regeringen, 2020). A separate proposal to amend the Swedish labour law has provisions which grant employees the right to take study leave, with a grant corresponding to 80 per cent of their salary (Lindholm, 2021). Additionally, some collective agreements include a right to training leave. In practice, Swedish employee’s participation rate in job-related non-formal education and training 20 across public and private sector is high, and largely above the European average (German Economic institute 2018). Trade union rights and working conditions In the public sector, the freedom of association and the plurality of trade unions are recognised and deeply entrenched. The Swedish labour market is mainly regulated through collective agreements without interference from the government. Reflecting the centralised approach to collective bargaining, the Swedish Agency for Government Employers (SAGE) represents central government while all regional and local governments are represented by the Swedish Association of Local Authorities and Regions (SALAR). Two additional employer organisations represent state-owned companies and municipal companies while workers are represented by the following trade unions which organise and lead different professional groups in the negotiations: the Union for Professionals ASSR; the Swedish Association of Physiotherapists; Vision; the Swedish Teachers’ Union; the Swedish Association of Graduate Engineers; the Swedish Municipal Workers’ Union; the Swedish Association of Occupational Therapists; the Swedish Association of Health Professionals; the Confederation of Executives and Managerial Staff; the Swedish Medical Association; and the Swedish Firefighters Association. The largest of these organisations working regionally or locally is the Swedish Municipal Workers’ Union Kommunal, which has about 280,000 members and is a member of PSI and EPSU. The central collective agreement between the Swedish Municipal Workers’ Union (Kommunal), and the Swedish Association of Local Authorities and Regions (SALAR) includes regulations about a large variety of working conditions. The collective agreement is revised by the parties every negotiation period. Kommunal and SALAR have signed the latest collective agreement which covers: ●Contract of employment and working time ●Termination, notice and terms ●Working time and working time management ●Wages, compensation for unsocial working hours and over time etc. ●Compensation during sickness and parental leave ●Leave due to personal circumstances ●Vacation 20 These are any organised and sustained learning activities that take place both within and outside educational institutions (courses, workshops or seminars, guided-on-the-job training. 46 ILO Working Paper 114 ●Insurances and pensions Public employees are regular employees and are therefore regulated by the general rules on strike and collective action (EPSU and ETUI 2019b). Section 14 of Chapter 2 of the Instrument of Government of 2015 guarantees the right to strike and to undertake collective action on the labour market, unless otherwise provided by law or collective agreement. Employees who are bound by a collective agreement may not strike during the agreement period. The Public Employment Act contains provisions that limit and restrict the exercise of the right to strike in the public sector. These limitations relate notably to strikes of workers in the exercise of official power or which is unavoidably necessary in order to ensure the exercise of official power (Section 23); the obligation for the parties to enter into negotiations in the event of a strike (Section 27) and the award of damages (Sections 28 to 29). The incidence of strikes in Sweden is low,21 compared to other Nordic countries. There have been no public sector strikes in the last five years, and the LRG workers have not participated in a strike since 2003, while mediators have solved institutional advance notifications. These are issued in advance of the announced intention to strike. 22 Sweden has not ratified the Violence and Harassment Convention, 2019 (No. 190) although preparatory work is underway;23 however, there is a significant body of national legislation that prohibits discrimination and harassment at work.24 21 See Economic Facts Sweden, https://www.ekonomifakta.se/Fakta/Arbetsmarknad/Avtalsforhandlingar/Konflikter/ https://www.kollega.se/darfor-strejkar-vi-sa-lite and 22 See National Mediation Office in Sweden, Nordisk jämförelse 23 In October 2021, an official governmental inquiry (SOU) presented a report on the prerequisites for a Swedish ratification and implementation of ILO convention 190. ILO:s konvention om våld och trakasserier i arbetslivet - Regeringen.se 24 There are constitutional provisions with respect to discrimination in the Swedish Instrument of Government (part of Sweden’s Constitution). The relationship to EU law is regulated through the Instrument of Government (1:10 and 10:6) and other laws. The European Convention on Human Rights (ECHR) was incorporated into national law in 1995 and given quasi-constitutional status. Previous anti-discrimination laws were in 2009 merged into the Discrimination Act. 47 ILO Working Paper 114 X6 Comparative summary In this study, we have seen how distinct the working conditions of LRG employees are from those in the countries and even in the broader public service. This requires a different approach from the more common cross-national comparative studies, because “given that each sector is characterised by specific product and labour markets, resulting in different workforces, different work practices and different economic contexts.” (Bechter et al. 2012: 184). As the Director of the ILO Sectoral Policies Department stated in 2010, “While social dialogue at the national level (both sectoral or multi-sectoral) have recognized attributes, at the same time, [. . .] there are local level issues related to labour which vary according to the municipality, and are difficult to capture at the national level.” (Tinoco 2010). The conditions of work are different in each country’s LRGs, but the differences with other groups of workers is also noteworthy. As a result, working conditions and status of civil servants and public employees in LRGs do not follow national patterns but a sectoral pattern, resulting in common dynamics within LRGs workers among countries studied. This echoes the findings from the theoretical work on the sectoral regimes of industrial relations (Bechter et al. 2012) which pointed out the existence of sectoral regimes of industrial relations complementing and even replacing national regimes. This is especially relevant in relation to the labour conditions and statuses of civil servants and public employees in LRGs. Such common trends with LRGs workers among countries studied included principally the existence of two main labour law regimes for the civil servants and ordinary employees in the LRG sector and a high coverage of collective bargaining agreements for LRGs workers and employers. Governance systems The governance systems of the five countries are a spectrum ranging from the highly centralised countries with a strong central government (such as Croatia and Greece) to the highly federalised states such as Germany and Spain where the regional government level plays a significant role. Sweden falls somewhat in between, with shared policy responsibilities for the national and local governments. LRG labour statistics Differences in employment figures for LRG workers exist in the five countries. The proportion of LRG workforce in the overall public sector employment ranges from 13 per cent in Croatia, 16 per cent in Greece, 78 per cent in Spain and Sweden, and 79 per cent in Germany. Broadly speaking, the number of LRG workers has been increasing in recent years– with a notable exception of Greece, mostly connected to the austerity measures related to Greece’s 2008-2009 debt crisis and subsequent international rescue packages. In other countries, a similar trend in employment growth was observed: For example, a +7 per cent employment growth at the regional and +12 per cent at the local level in Germany. Gender breakdown In most countries, the majority of LRG sector workers are women, up to 70 per cent in Sweden. The gender pay gap in the public sector stood at seven per cent in Greece and Germany, eight per cent in Croatia and 10 per cent in Spain. In Sweden, across public and private sectors, the gender pay gap was smallest at the municipality level (2 per cent, where most LRG workforce is concentrated) and the highest among regional employees (18 per cent). In all five countries, the gender pay gap is lower in the public sector compared to the private sector. Furthermore, a 48 ILO Working Paper 114 decrease in the gender pay gap in the public sector is observed in all five countries (as well as a decline in the private sector). Labour codes In most of the countries studied, there are two main forms of labour regimes and employment in the LRG sector: the civil servant regulated by laws relating to the civil service and the ordinary employee, under the employment contract law.25 The proportion of civil servants in the overall LRG sector workforce varies: 88 per cent in Croatia (both local and regional levels combined), 12 per cent at local level and 53 per cent at regional in Germany, 38 per cent at local level and 65 per cent at regional in Spain. The exception to this is Sweden, where the same employment rules are applied to public sector employees as those applied to the private sector. In Sweden, state and hence LRG employees are treated with special conditions, but there is no formal legal status. Right to training and professional development None of the five countries recognize a legal right to training for LRG workers, and training and professional development topics are not typically included in the collective bargaining agreements (with the exception of Spain). Typically, training is provided by the individual LRG sector employers with LRG workers varying as to whether they are having a regular review of their training needs, training time being counted as working time and coverage of training expenses. In some countries, part of the training for LRG workers is centrally organised. Trade union rights and working conditions In the LRG (as for the whole public sector) sector, freedom of association and trade union pluralism are recognised and deeply entrenched in all five countries. Trade unions are typically permitted to organise both workers and civil servants in the LRG sector, and trade union presence amongst the LRG workers is typically higher than for the private sector employees (in the countries examined where data was available). The organisation of collective bargaining differs in the LRG sector between the countries. In Croatia and Germany, collective agreements are bargained and signed separately at the regional and local levels. This is different in Sweden where there is one set of agreements for the regional and municipal sector (i.e. the employer organisation SALAR makes a recommendation for the local and regional governments to sign the agreement, who then all sign the collective agreements individually) and another set of agreements for the sector of central government administration. The collective bargaining coverage is generally high. In Croatia, out of all workers in the LRG sector, half are covered by collective bargaining (both multi-employer and single employer bargaining). In Germany, collective bargaining outcomes together cover more than 80 per cent of local and regional employees. Similarly, a high proportion is reported in Sweden, where the collective agreements also apply to employees who are not unionised. The right to strike for LRG workers is legally guaranteed in the countries, except for civil servants in the LRG sector in Germany. In Spain, whilst LRG workers can strike, the delivery of essential services must be guaranteed. Where data is available, the number of strikes in the public sector is lower compared to the private sector. In Sweden, there have been no strikes in the LRG sector since 2003, with the industrial conflicts resolved by mediators. 25 The choice of terminology refers to the civil servants as workers who are fully integrated to the public service (e.g. through a competition) and to whom the labour code applies and those workers to whom the common/civil/private labour code applies. Many LRG workers are casual/temporary workers or not covered under a public service labour code as services were privatised/outsourced and granted into concession and that creates a two-tier condition for local public service workers. 49 ILO Working Paper 114 Of the five countries studied, only Greece has ratified ILO Convention No. 190 (alongside Italy, which makes it two EU Member States with ratification). This is to be seen in the context of the proposal for an EU Council decision authorizing all EU Member States to ratify the ILO Convention 190.26 In this light, it appears that Germany and Croatia have taken steps to start the ratification.27 Furthermore, all five countries have adopted further national legislation prohibiting discrimination and harassment at work. Possible directions for future research include examining the trends of LRG employment in other European countries, as well as broadening the scope to examine the aspects of occupational health and safety, digitalization, teleworking and the right to disconnect and responses to green transitions affecting the LRG sector. 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