NACE 94.2 – Trade Unions | Public Tenders

Definition: NACE 94.2 covers trade unions as organisations representing the interests of employees. In Germany these are the DGB and its member unions (ver.di, IG Metall and others), and in Austria the ÖGB. Trade unions act as private contracting authorities but, due to their size and proximity to public structures, are relevant for procurement practice.

Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026

What does NACE 94.2 cover?

NACE 94.2 (Trade unions) classifies employee representation organisations — which are organised as private-law associations and not in principle subject to procurement law, but nonetheless act as contracting authorities for extensive services.

Group 94.2 within Section S (Other services) and Division 94 includes the following classes:

Trade unions are private-law associations and not in principle contracting authorities. They do, however, procure extensive education, IT and media services.

Public Tenders: Activity area NACE 94.2

Although trade unions are not themselves contracting authorities, NACE 94.2 is relevant in the procurement context because trade union members, as works councils and staff councils, help shape public employers in their procurement function.

Typical procurement by trade unions

• Education events: Seminars and training for works councils, union secretaries, shop stewards
• IT systems: Member management, digital communication platforms, consultancy tools
• Media and publications: Trade union magazines, campaign materials, digital media
• Legal and consultancy services: Legal protection insurance for members, legal advice services
• Event infrastructure: Trade union congresses, collective bargaining logistics, works meetings

Procurement relevance: works councils and staff councils as demand-side

In the public sector, trade unions play a particular role: staff councils in authorities participate in procurement decisions and can influence the commissioning of qualification measures for employees. Training for staff council members is tendered by the authority as contracting authority (§ 46 BPersVG).

Relevant CPV codes in the NACE 94.2 context

Who is NACE 94.2 relevant to under procurement law?

Public contracting authorities

Public employers — authorities, municipal undertakings, public companies — are required to procure training measures for staff councils and works councils under procurement rules (provided thresholds are exceeded). Trade union-affiliated education providers (e.g. ver.di b+b, DGB Bildungswerk) act as bidders in this context.

Companies and bidders

Trade union-affiliated education providers and external seminar providers compete for contracts for employee representation training:

• Specialist competence: Demonstrated expertise in labour and works-council law
• References: Experience in training works councils and staff councils
• Didactic quality: Concept evidence, participant evaluations
• Accessibility: Accessible training premises and materials

NACE 94.2 in context: Section S and Division 94

• NACE S – Other Services: Parent section
• NACE 94 – Activities of membership organisations: Division
• NACE 94.1 – Business and employers' membership organisations: Chambers, employers' associations
• NACE 94.9 – Other membership organisations: Sports, environmental and welfare associations

Frequently asked questions on NACE 94.2 and public tenders

Are trade unions subject to procurement law? In principle no — trade unions are private-law associations and not contracting authorities. They are subject to procurement law only if they are predominantly publicly financed and publicly controlled, which is not the case in Germany or Austria.

Must authorities tender works council training? Yes, if the training costs exceed the value limits. Staff council and works council training is paid for by the employer (the authority) and is therefore to be treated as a service contract under procurement law.

Last updated: January 2026 All information is provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.