Gender equality plans at the workplace

This comparative study analyses the issue of workplace plans aimed at achieving greater equality between women and men. Looking at the current European Union, Norway, and a number of new Member States joining the EU in 2004, it examines the regulatory framework for such plans and the extent and nature of equality plans in practice. The study finds that the issue is rarely dealt within collective bargaining above the company level, and that legislation on workplace equality plans is infrequent in the private sector, though somewhat more common in the public sector. In practice, gender equality plans are rare, at least in the private sector, in most countries (though data on this point are very scarce), arguably assuming greatest importance in the two countries with legislation making such plans obligatory - Finland and Sweden. Where they exist, their content tends to be quite similar across the countries examined.

The aim of this study - based largely on the contributions of the European Industrial Relations Observatory (EIRO) national centres in the countries concerned - is to examine the content and process of gender equality plans at workplace level in the current EU Member States (except Portugal), Norway and four of the countries due to join the EU in May 2004 (Hungary, Poland, Slovakia and Slovenia).

The equality plans considered here are defined as all types of coordinated attempts to create greater equality between men and women at the workplace level. Hence, the focus is on gender equality, and not equality in terms of age, ethnicity, sexuality or other issues.

The aim of the equality plans examined might be equal treatment of men and women - that is, to avoid any kind of discrimination at the workplace. However, the plans can also aim to promote equal opportunities for men and women, by removing barriers so that women can enjoy the same possibilities within the organisation as men (see Promoting gender equality in the workplace, European Foundation for the Improvement of Living and Working Conditions, 2002). This might or might not include positive discrimination. Finally, equality plans can aim at creating equality in fact (ie in terms of outcomes). This can also be said to be a long-term aim of some of the other initiatives considered, but some actions - for instance, minimum quotas of female managers - address such factual equality directly.

The nature and content of equality plans can be expected to vary according to how developed they are. Some plans are pure equality statements, affirming the equal treatment of employees regardless of matters such as gender, religion, sexuality and ethnicity, but not linked to any specific actions. Other, more developed plans might include special actions targeted at defined areas or limited groups of employees. Plans embedded in an employer's general human resources/personnel policy are likely to be even more developed. In such cases, the equality plans concerned are applied to all employees and all sections of the organisations concerned. In some such cases, equality between men and women is made part of the company culture and equality indicators might be communicated to external 'stakeholders'. Plans of this kind might be seen as an implementation at company level of the EU’s gender mainstreaming strategy. Gender mainstreaming was defined by the Council of Europe in a 1998 report as 'the (re)organisation, improvement, development and evaluation of policy processes, so that a gender equality perspective is incorporated in all policies, at all levels and at all stages, by the actors normally involved in policy-making'. We are not, however, interested here only in equality plans that could be seen as a 'top-down' implementation of EU and national policies regarding gender equality, but are also in initiatives taken at the company level, and the relative importance of this level in the process.

Equality has become a complex field of regulation. Gender equality is arguably in juridical terms the most developed area of labour market regulation in the EU. In addition, gender equality provisions are the area of EU law which has been most incorporated into national laws. A comparative study of workplace gender equality plans must therefore be placed in the legal framework. The first part of this study thus presents the current EU law in the field of gender equality. It then proceeds to look at:

• the role of legislation, collective agreements and the social partners in regulating work-related gender equality issues in general, and bargaining on workplace equality plans in particular;
• the existence, content and implementation of specific 'top-down' legislation on workplace equality plans in both the private and public sectors;
• the extent and status of 'bottom-up' voluntary, decentralised firm-specific workplace equality plans;
• the contents of workplace gender equality plans; and
• the relationship between gender equality and other equality concerns.

Regulating gender equality at EU level

Gender equality issues are currently regulated by the EU Treaties, a number of EU Directives and the Charter of Fundamental Rights of the European Union.

EC Treaty

Article 2 of the Treaty establishing the European Community sets the promotion of equality between men and women as a task of the Community, while Article 3.2 provides that in its activities 'the Community shall aim to eliminate inequalities, and to promote equality, between men and women.' Article 13 authorises the Community to take appropriate action to combat discrimination based on grounds including sex. Under Article 137, the Community is to 'support and complement the activities of the Member States' in fields including 'equality between men and women with regard to labour market opportunities and treatment at work'. Specifically, Article 141 (formerly Article 119) provides that:

1. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.

2. For the purpose of this article, paymeans the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his employment, from his employer.

Equal pay without discrimination based on sex means:

(a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement;

(b) that pay for work at time rates shall be the same for the same job.

Furthermore, the Council, acting in line with the co-decision procedure with the European Parliament, and after consulting the Economic and Social Committee, shall 'adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value' (Article 141(3)). Moreover, 'with a view to ensuring full equality in practice between men and women in working life, the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the under represented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers' (Article 141(3)).

Directives

Based on the Treaties, the following main specific EU Directives have been adopted on gender equality issues:

• Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women;
• Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002;
• Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security;
• Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, amended by Council Directive 96/97/EC of 20 December 1996;
• Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood;
• Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC; and
• Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex;

The countries examined here have implemented these Directives in different ways. Some have transposed them without further amendments, while others have added certain criteria or obligations. All countries have adopted the Directives that at least in principle create the foundation for equal treatment and equality between women and men (though research has found that gender equality is far from having been reached in all European countries). In those countries where legislation is combined with agreements reached through collective bargaining, the law is usually subsidiary to any such collective agreement which provides the same or a higher level of rights than stipulated in the underlying Directive.

Charter of Fundamental Rights

The Charter of Fundamental Rights of the European Union, 'solemnly proclaimed' by the European Council, European Parliament and European Commission in 2000 (EU0011278N), provides in Article 20 that: 'Everyone is equal before the law'. More specifically, Articles 21 ('Non-discrimination') provides that:

Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

Article 23 covers 'Equality between men and women', stating that:

Equality between men and women must be ensured in all areas, including employment, work and pay.

The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

Even though the Charter at present does not have legal status (see below), all Member States have agreed to respect its declarations.

Draft Constitutional Treaty

The draft Treaty establishing a Constitution for Europe, currently under discussion by the Member States (EU0312209F), would enshrine the Charter of Fundamental Rights - including its gender equality provisions - in EU law, giving it legal status (EU0308204F). The substantive gender equality provisions of the current European Community Treaty would be retained unaltered. Equality would be listed as a value of the Union, and the current obligation to promote equality between men and women would be maintained.

The role of legislation, bargaining and the social partners

Largely owing to EU regulation of the issue, all countries considered have legislation in place that regulates equality issues at work and in the labour market. Table 1 below indicates the extent to which work-related gender equality issues are regulated through legislation, or through legislation combined with collective agreements (including agreements specifically on gender equality plans), and summarises the role of the social partners in this area.

Table 1. The role of legislation, collective agreements and the social partners in regulating work-related gender equality issues

Country	Regulation via:		Role of social partners
	Legislation	Collective agreements (CAs)
Austria	Yes	Equality provisions in CAs rare. One example of a sectoral CA on positive action, covering white-collar employees of social security providers. A few works agreements at company level provide for equality plans.	No tripartite or bipartite agreements. Social partners tend to regard CAs as gender-neutral. Two trade unions - the white-collar Union of Salaried Employees (Gewerkschaft der Privatangestellten, GPA) (AT0212202F) and the blue-collar Metalworking and Textiles Union (Gewerkschaft Metall-Textil, GMT) - are seeking to gender mainstream CAs.
Belgium	Yes	Intersectoral agreements contain some relevant provisions (BE0101337F). Equality action plans, defined by law (see table 2 below), can give rise to company CAs.	Trade unions have internal structures at all levels that work for gender equality.
Denmark	Yes	Some examples of equality provisions - sometimes involving equality plans - in CAs, mainly at sectoral level.	Extensive presence of gender equality structures in both employers' organisations and trade unions.
Finland	Yes	Some equality provisions in intersectoral (FI0211102F) and sectoral agreements (with one example of a sectoral CA referring to equality plans). Also, legislative changes concerning working life are prepared by tripartite negotiations.	Regular and active involvement in policy issues regarding gender equality.
France	Yes	2001 equality law (Génisson law - see main text) introduced obligation to include occupational equality issues in collective bargaining at sector and company level. However few agreements have been signed. Small number of company CAs on equality plans enabled by law (see table 2 below).	Due to Génisson law, social partners are obliged to initiate sector- and company-specific bargaining on gender equality.
Germany	Yes	Some CAs deal with gender equality issues. Equality plans found in some CAs - especially those signed by United Services Union (ver.di). Some works agreements at company level provide for affirmative action plans.	Both employers' organisations and trade unions at all levels are actively involved in initiatives regarding gender equality.
Greece	Yes	Intersectoral agreements contain some provisions on equality issues, as do a few sector (eg banking) and company agreements. However, no CAs on equality plans.	Modest involvement in gender equality issues
Hungary	Yes	Do not play a role.	Social partners play a role in newly established Equal Opportunity Commission (Esélyegyenlőségi Bizottság). The few trade unions that have a gender equality policy regularly publish statements.
Ireland	Yes	Intersectoral agreements contain equality provisions. Some company CAs deal with equality issues, including equality plans.	Trade union lobbying for change, plus rise in female employment and union membership, have fostered initiatives to promote equality within union agenda, both nationally and locally.
Italy	Yes	Gender equality issues frequently bargained at two levels: national industry-wide level and company level. Positive action plans are generally negotiated locally, with some relevant enabling provisions in sectoral CAs.	Unions' role mostly that of declaring principles. Higher-level social partners have minor role in formulation of company-level policies.
Luxembourg	Yes	Very little bargaining on equality issues.	Social partners not explicitly involved in equality issues
Netherlands	Yes	CAs deal with some equality issues, mainly in areas not covered by legislation. Gender equality plans as such are not part of CAs, but they do in some cases deal with relevant issues such as equal opportunities in recruitment, selection and training, and positive action.	At central level, social partners take special initiatives in field of gender equality.
Norway	Yes	Gender equality referred to or regulated in many CAs. In 'basic agreements', the obligations tend to be general in nature, and in other CAs more specific.	Social partners actively involved in encouraging gender equality issues, both nationally and locally. Joint statement calling for equal opportunities to be integrated into development work in individual companies.
Poland	Yes	Do not play a role.	No known bipartite or tripartite initiatives with wide impact.
Slovakia	Yes	Some CAs contain regulations that oblige employers to work for gender equality. However, equality plans as such are not an issue.	No bipartite or tripartite initiatives have been taken yet. Role of social partners is more one of declaring principles. The Confederation of Trade Unions (Konfederácia odborových zvazov Slovenskej republiky, KOZ SR) has established a commission for equal opportunities for women and men.
Slovenia	Yes	Do not play a role.	Tripartite Economic and Social Council (Ekonomsko socialni svet Slovenije, ESSS) signed 'social agreement' for 2003-5, which contains specific obligations on all parties to promote equal opportunities (SI0307101F).
Spain	Yes	Some CAs at sectoral, regional and company level contain clauses referring to gender equality (ES0312102F). They do not include specific provisions on workplace equality plans, but some cover relevant issues such as positive action.	No social partnership on gender equality. However, 2003 central agreement providing framework for lower-level collective bargaining (ES0302204F) makes recommendations for gender equality to be part of bargaining at all levels.
Sweden	Yes	As they are covered by law, gender equality provisions and plans rarely appear in CAs. However, some CAs contain improvements on legislative provisions.	Social partners at local level play important role in fulfilment of equality law. Gender equality issues in general are of high importance for social partners.
UK	Yes	Role difficult to assess due to fragmented and decentralised nature of collective bargaining. Joint regulation of equality issues is not widespread.	No special bipartite or tripartite initiatives, however the social partners participate in initiatives independently of each other. Mostly involve declarations of principles.

Source: EIRO.

Table 1 reveals that legislation by far is the most important means of regulating work-related equality issues. However, it is reported from most countries that gender equality issues in general, or specific related topics, do feature in collective agreements at various levels (intersectoral, sectoral company etc) and to varying extents, sometimes repeating and sometimes supplementing the legislative provisions (TN0005402S and TN9704201S). However, gender equality bargaining of any type does not yet seem to have developed in the central and eastern European countries examined, with the partial exception of Slovakia. Furthermore, in western Europe, equality bargaining seems particularly poorly developed in Austria, Greece and Luxembourg.

On the specific issue of gender equality plans, collective bargaining is much rarer. Such plans are subject to some degree of bargaining of some type at company level in countries such as Austria, Belgium, France, Germany, Ireland, Italy, Norway, Spain and the UK, as we will see below. Above company level, collective agreements containing any provisions on the matter are generally uncommon. Where they exist, these agreements tend to encourage or enable company-level plans, and they do not seem to have led to a widespread implementation of equality plans.

Norway seems to have the most developed bargaining on this issue. Since 1985, the private sector 'basic agreement' between the Confederation of Norwegian Business and Industry (Næringslivets Hovedorganisasjon, NHO) and the Norwegian Confederation of Trade Unions (Landsorganisasjonen i Norge, LO) has encouraged the development of company-level gender equality plans. The current version states: 'Equal opportunity is a matter of culture and tradition and cannot be considered isolated from the other activities of the enterprise. Such conditions may only be changed through affirmative actions, integrated into the development work of the individual company. The social partners emphasise the importance of strategic and goal oriented efforts, established in strategy and preparatory documents ... The work on equal opportunities and equal value must be anchored at the top management level of the company, and followed up at the other management levels, measured by goal attainment. The company-level social partners have a joint responsibility for its implementation. Documentation and analysis of the equal opportunity situation in the company, including wages specified for both women and men, must be carried out as a first step in this work, and provide the basis for the articulation of visions, goals, and action programs including labour market measures.' Furthermore, a few sectoral collective agreements in the LO-NHO area state that companies must have equality plans, while others provide only that such plans ought to be introduced.

In Denmark, some sectoral collective agreements provide for gender equality plans. For example, in the local government sector there is a framework agreement on such plans, though implementation by individual municipalities is optional. However, most gender equality plans laid down in collective agreements mirror the provisions of the relevant legislation, with only a few expanding on these provisions. In Germany, gender quality plans are laid down in some sectoral collective agreements, especially those concluded by the United Services Union (Vereinte Dienstleistungsgewerkschaft, ver.di). For example, an agreement covering private insurance, financial service enterprises and public banks seeks the advancement of equality between men and women, including provisions on childcare leave, recruitment policies and access to vocational training. In Italy, a number of sectoral agreements contain some relevant provisions, such as the establishment of joint equality bodies, observatories and working groups to monitor employment statistics and promote studies and analysis aimed at designing positive action plans. In Spain, an intersectoral agreement laying down recommendations for lower-level bargaining in 2003 (ES0302204F) contains a specific section on equal opportunities for men and women. While not providing for gender equality plans as such, it does recommend measures such as: the adoption of positive action clauses; the establishment of gender-neutral systems of selection, classification, promotion and training; and the removal of pay differentials that do not comply with the principle of equal pay for work of equal value.

In a few other countries, there are isolated examples of relevant sectoral agreements:

• in Austria, there is only one collective agreement known to deal explicitly with a positive action plan for women. This agreement was concluded at sector level for the white-collar employees of social security providers (Sozialversicherungsträger) in the mid-1990s and is still in effect. It obliges the management and the works council of each social security provider to implement special gender equality plans at company level;
• in Finland, the collective agreement for the insurance sector provides for the systematic monitoring of gender wage gaps and equality plans, resulting in regular reports (FI0306201N); and
• the agreement for the Luxembourg insurance sector provides that equality plans will be established at the level of individual insurance companies, following consultations with employee representatives.

Thus in almost all cases where gender equality plans are made obligatory or enabled by regulations drawn up above the company level, it is the law rather than collective agreements that play this role. Therefore, the next section of this study, on 'top-down' regulation, focuses exclusively on legislation and public policy, rather than collective agreements.

In this context where work-related gender equality issues are overwhelmingly regulated through legislation, the role of the social partners in most countries is one of more or less active involvement in bipartite, tripartite, state-initiated or individual projects, evaluations, initiatives and declarations of principles. There is, however, significant variation in the direct involvement the social partners have in gender equality issues. In Greece, Hungary, Luxembourg, Poland and to some extent Italy, the social partners seem to play a minor role. By contrast, there are a number of countries where the social partners both have extensively developed internal structures that specifically work on gender equality issues, and participate in bipartite, tripartite or other working groups and projects. Denmark, Sweden, Finland, Norway, Germany and France all belong to the latter group.

'Top-down' legislation on equality plans

The evidence indicates that in most countries the majority of implemented gender equality plans are the result of 'top-down' public policies and legislation, rather than being locally initiated and 'embedded'. Table 2 below lists the 11 countries examined which have specific legislation on firm-level gender equality plans in place (or planned, in the case of Hungary) in the private and/or public sector, and provides any statistical information available on the coverage of such plans.

Table 2. Countries with specific legislation on firm-level equality plans in the private and/or public sector

Country	Legislation		Statistics
	Private sector	Public sector
Austria	-	All public sector authorities at federal level are obliged to take action to eliminate gender inequality, with the Act on Equal Treatment for Men and Women in the Public Service providing for preferential hiring of women (through a quota) and preferential treatment for women in promotion and training. Similar legislation in some, but not all regions (Länder).	-
Belgium	Private sector employers may draw up equality/positive action plans (royal decree of 14 July 1987). This is voluntary, except for companies undergoing restructuring (see main text). Companies are obliged to produce an annual report on gender equality, which must be presented to the works council or trade union representatives.	Public sector employers are obliged to draw up equality/positive action plans (royal decree of 27 February 1990).	-
Denmark	-	Law 286/2003 on Equality between Women and Men provides that all public institutions must work towards equality and incorporate equal opportunity in planning and administration. Ministries, councils, state institutions and state-owned companies with more than 50 employees must, every second year, draw up a report on their equality work.	-
Finland	Employers with at least 30 workers must include measures to further gender equality in annual personnel/training plans or 'labour protection' action programmes, and draw up workplace equality plan (Act on Equality between Women and Men, as amended in 1995).		2002 survey found that 27% of private sector workplaces and 21% of public sector workplaces had equality plans. Larger companies were most likely to have a plan, and all ministries had one.
France	Legal framework for (voluntary) agreed equality plans (law of 13 July 1983). Companies with at least 50 employees obliged to draw up annual report on comparative employment position of men and women, which is assessed by employee representatives. Specific bargaining on gender equality obligatory at company (and sector) level every three years (law of 9 May 2001).	-	Since 1987, only 35 equality plans have been agreed, mostly in larger companies.
Germany	-	Amendment to the Federal Constitution in 1994 provides for the government to promote equal opportunity at all levels of its administrative, legislative and social structure. 2001 Federal Equality Act for the Public Sector provides for establishment of office-specific equality plans, preferential treatment (quotas) for women in areas where under-represented, and gender mainstreaming initiatives.	-
Hungary	-	(Draft Law on Equal Treatment and Equal Opportunities submitted to parliament in September 2003 will oblige state-owned companies with over 50 employees to draw up annual gender equality plans.)	-
Italy	Companies may apply for total or partial public funding of (voluntary) positive action plans (law 125/91)	Public administrations obliged to introduce positive action measures (law 125/91). Obligation strengthened (by decree of 19 may 2000) through introduction of deadlines for drawing up plans and sanctions for non-compliance, plus funding possibilities.	Public funding granted for 561 positive action plans or measures since 1991 (however, funding not always aimed at companies).
Norway	General duty on employers to promote gender equality recently introduced (amendment to Gender Equality Act, applying from 1 January 2003), and it is not yet clear how employers will meet this obligation. However, some guidelines on implementation from Gender Equality Ombudsman (eg referring to measures to promote equality or prevent discrimination). Companies have to report on equality activities in their annual reports.		-
Slovenia	-	Public authorities obliged to produce periodical plans and biannual reports on the implementation of the National Programme for Equal Opportunities for Women and Men (2002 Act on Equal Opportunities for Women and Men).	-
Sweden	1991 Equal Opportunities Act obliges employers with at least 10 employees to to draw up an annual equal opportunities plan.		A 1999 survey found that 25% of private companies and 75% of public authorities had equality plans.

Source: EIRO.

Private sector legislation

There is specific legislation referring to gender equality plans which applies to private sector workplaces in six of the 19 countries considered. However, in only two countries - Finland and Sweden - is there a specific obligation on private sector employers to draw up a gender equality plan as such.

Sweden has the most comprehensive system. According to the 1991 Equal Opportunities Act (Jämställdhetslagen 1991:433), all employers (private or public sector) with 10 or more employees must draw up an annual equal opportunities plan, which must contain at least three elements: (1) a list of the active equality-promotion measures which are necessary in order to comply with the Act, identifying those which are to be initiated during the coming year; (2) a survey of existing differences in pay between women and men, indicating the measures to be taken on the basis of its findings; and (3) a follow-up assessment of the success achieved in implementing the measures listed in both these areas in the preceding year's plan.

In Finland, the Act on Equality between Women and Men, as amended in 1995, introduced an obligation on all employers (private or public sector) which regularly employ at least 30 workers to include measures to further equality between women and men at the workplace in their annual personnel and training plan or action programme for 'labour protection', and draw up an equality plan at workplace level

In Norway, the obligation on employers is rather less specific. An amendment to the Gender Equality Act was introduced in 2003 which states that employers have a duty to promote gender equality, and 'shall make active, targeted and systematic efforts to promote gender equality within their enterprise'. Though there is no explicit mention of gender equality plans in the text, the Gender Equality Ombudsman (Liketillingsombudet), which is responsible for enforcing the Act, has provided guidelines on how to implement the duty to promote equality. These guidelines mention mapping the gender equality situation in order to identify problems, or introducing measures to promote equality or prevent discrimination, and state that companies have to report on their equality activities in their annual reports.

In Belgium and France, there is a legislative framework for gender equality plans in private sector workplaces, but these are essentially voluntary. However, in both countries there is an obligation on employers to draw up an annual equality report.

In Belgium, the royal decree of 14 July 1987 provides that positive action plans may, voluntarily, be drawn up in private sector companies or at sector level (these may lead to a collective agreement or an agreement with a works council). However companies in financial difficulties which want to obtain the special official status of a 'company under restructuring' are obliged to draw up a positive action plan. Positive action plans are to be drafted by an equal opportunities working group, based on a five-stage procedure (engagement, analysis, setting up the plan, implementing the plan, and follow-up/evaluation), taking account of the specificities of the company (or sector). Furthermore, since 1993 all private sector companies are obliged to provide an annual report on gender equality. The aim of the report is to provide a general overview of the employment conditions, working arrangements, jobs and training of women and men respectively. The report must be presented to the works council or, where there is no council, to trade union representatives.

Though equality plans are not obligatory in private sector companies in France, there is a legal framework for their agreement on a voluntary basis, plus an unusually high level of regulation of other aspects of the issue - see the box below.

Workplace gender equality provisions in France This law of 9 May 2001 (the 'Génisson law') on gender equality at work aims to incorporate the concept of occupational equality into all collective bargaining dealing with pay, working conditions, training etc. Article L.432-3.1 of the Labour Code obliges companies with at least 50 employees to present an annual written report on the comparative employment positions of men and women, which is to be assessed by the works council (or, if no such body exists, to the workforce delegates - FR0309102T). The works council may make a recommendation on the report, which must be based on evidence. The annual report must contain relevant statistically-based indicators, and the employer must display these indicators at the workplace. The employees, if they wish, have the right to access this report directly. The annual report is designed as a bargaining instrument, acting as the prerequisite for the specific negotiations on occupational gender equality which the 2001 law requires at company (and sector) level every three years. The law of 13 July 1983 (the 'Roudy law') introduced the concept of workplace occupational equality plans, since when two further instruments have been developed to promote occupational gender equality and access for women to various jobs in companies - 'occupational equality contracts' and 'contracts for greater gender balance in employment'. An equality plan is a legally-specified instrument for the application of gender equality, while equality contracts and contracts for greater gender balance in employment involve state subsidies. Occupational equality plans are agreements which may be reached voluntarily by company management and trade unions. They are then submitted to the works council for approval. The plans are drafted on the basis of the obligatory annual report presenting a comparative analysis between men and women in the company in terms of recruitment, training, grading according to qualifications, and pay (see above). They are then used as a legal instrument and a practical tool for implementing 'catch-up' measures in terms of women’s position within the company. The timetable for these measures spans a three- to five-year period, and the areas dealt with are recruitment, ongoing vocational training, promotion, access to responsible posts, working conditions and general employment conditions. Gender equality contracts enable gender equality plans to receive public funding to finance training activities, reforms of job roles and working conditions, or research projects. These contracts are signed by companies and the state. The objective is to prioritise women’s access to all the posts within the company and enable women with few qualifications to increase their skills. The financial incentives can account for up to 50% of the cost of training and the other expenses related to the fulfilment of equality plans (research etc). The state can also fund 30% of total wages during relevant training. To date, only 22 such contracts have been signed. Contracts for greater gender balance in employment, established in 1987, seek to allow women, on an individual basis, to take on traditionally male jobs in their firm. They are tripartite contracts signed by the state, the employer and the woman concerned. They may cover the funding of a training course, but also a complete overhaul of working conditions, equipment and facilities to increase levels of take-up of posts by women. These contracts concern only firms with fewer than 600 employees. The financial incentives are various: the state may meet up to 50% of training costs and of the costs of overhauling facilities; and it may also pay 30% of pay costs during relevant training. Some 1,500 contracts have been signed since 1987. This scheme is more flexible to set up than gender equality contracts and involves more companies, even though the contracts are arranged on an individual basis.

In Italy, there is no obligation on private sector employers to draw up any kind of gender equality plans. However, the 1991 'positive action' law (125/91) allows organisations to apply for total or partial funding of positive action plans. The idea is that the law's provisions promoting substantial gender equality at the workplace imply the implementation of relevant innovations and changes in work organisation and human resource management. Financial support is thus granted to organisations in order to minimise the cost of change. A wide range of organisations - both public and private - have access to the funding, though priority is given to positive action projects resulting from an agreement between the social partners

Finally, on a similar note, in Ireland there is a publicly funded scheme to encourage the adoption of equality plans by employers - see the box below.

Equality reviews and action plans in Ireland In February 2003, the Equality Authority (the public enforcement body charged with promoting equality and tackling discrimination) launched an 'equality review and action plan' scheme - a voluntary employer/employee-led initiative designed to promote equality and diversity (with a gender focus) in the workplace. The Authority placed an advertisement in the national press offering its assistance to public and private sector firms to develop equality reviews and action plans. An equality review as a comprehensive examination of the policies, procedures, practices and perceptions which operate within the workplace and their contribution to equality outcomes and to building an organisational culture that values equality and diversity. The review provides the material for an action plan, which should define the goals and steps necessary to promote equality and better accommodate diversity in the workplace. The scheme provides funding for an equality auditor (a panel of trained auditors has been set up by the Authority), a template from which the organisation and the auditor work, an agreed action plan, and an external review of implementation of the action plan after an agreed time. An equality steering committee representing all the 'stakeholders' within the participating organisation should work in cooperation with the equality auditor and ensure that the agreed action plan arising from the review is implemented. The initiative is funded by the government to the tune of EUR 6.3 million over five years. Employers from all sectors are free to apply for funding under the scheme, though applicants must demonstrate that there is commitment at senior management level to engage actively in a review and implement an equality action plan. Several public and private sector employers - such as Superquinn, Organon and Dublin Corporation- have already participated in the scheme.

Implementation

As seen above, there is a legal obligation on private sector employers to draw up gender equality plans in Finland and Sweden. In Finland, responsibility for monitoring whether companies comply with the Gender Equality Act lies with the Office of the Ombudsman for Equality. In 2002, the Ombudsman conducted a survey among a sample of 200 workplaces covered by the obligation to produce an equality plan (introduced in 1995). Of the private sector respondents, only 27% had drawn up an equality plan in line with the law. The compliance rate was highest (91%) in companies with 500 or more employees and lowest (12%) among those with 30-49 employees. As the Gender Equality Act does not specify the content of equality plans, monitoring of implementation is difficult, though recent incentives had tried to address this issue.

In Sweden, the Equal Opportunities Ombudsman (JämO) is responsible for ensuring that employers draw up equality plans and review gender pay differentials, while the Equal Opportunities Commission (Jämställdhetsnämnden) can impose fines on employers if they do not comply with the law. Despite this, a survey commissioned in 1999 by the Ombudsman found that only 25% of all private sector companies had equality plans in accordance with the law.

Thus even in those countries that have specific legislation obliging private sector companies to draw up gender equality plans, the implementation in practice is poor, involving little more than a quarter of the companies concerned.

In Norway, the new legal duty on employers to promote gender equality has been introduced too recently to allow an assessment of its effects.

In the two countries - Belgium and France - where legislation does not make gender equality plans obligatory in the private sector, but provides only a legislative framework to facilitate them, the actual use of such plans is very limited. In Belgium, only about 10 action plans were recorded between 1991 and 1996, since when about three or four have been recorded per year. Furthermore, very few companies comply with the obligation to draw up an annual report on gender equality, since there are no sanctions in place for non-compliance. In France, only 35 company-specific gender equality plans under the terms of the law have been signed since 1987, mostly in larger companies and in industry. Collective bargaining is increasingly dealing with equality issues, as determined by law, but this is still at a relatively low level overall.

Public sector legislation

As indicated in table 2 above, specific legislation on gender equality plans which applies to public sector workplaces - those under the responsibility of public authorities, offices, ministries etc - is more common than legislation applying to the private sector, currently existing in nine of the 19 countries. In some countries with no private sector provisions, there are public sector ones, while in a number of countries where private sector provisions are voluntary, the public sector rules are mandatory. Overall, the legislation for the public sector is far more developed than that for the private sector.

First, the obligation on employers over a certain size to draw up gender equality plans in Finland and Sweden applies to both the private and public sectors, as, it appears, do the Norwegian provisions obliging employers to promote gender equality.

Austria, Denmark and Germany (and to a lesser extent Slovenia) have only legislation which applies to the public sector, and no private sector provisions, as follows.

• Article 7(2) of the Austrian Constitution obliges all public authorities to eliminate gender inequalities within their area. With regard to employees of the federal state, the Act on Equal Treatment for Men and Women in the Public Service (Bundes-Gleichbehandlungsgesetz, B-GBG). sets out a general requirement of positive action in favour of women by specifying detailed provisions for their preferential hiring (expressed in a quota system) and preferential treatment as regards promotion, training and further training. All federal authorities are covered by positive action plans in favour of women, drawn up by each ministry in line with the provisions of the B-GBG. All subordinate authorities within the ministry’s purview are, in principle, obliged to implement these plans. Some regional (Länder) governments have established similar provisions for their own employees (eg Vienna, Salzburg, Carinthia and Tyrol).
• In Denmark, the Law on Equality between Women and Men (Lov om ligestilling af kvinder og mænd), amended several times during the past five years and most recently in 2003, states that municipalities and councils must draw up an annual report on their equality work, which is to be presented to the public and the Ministry of Equality. Ministries, state institutions and state-owned companies with more than 50 employees must every second year produce a report on their equality work and submit it to their respective minister. All ministers must subsequently write a joint report for their area and submit this to the minister of equality, who annually presents a report to the government on the work that is being done towards gender mainstreaming.
• In Germany, a 1994 amendment to the Federal Constitution (Grundgesetz) provides (in Article 3 (2)) that the government must promote equal employment opportunities, institutionally and qualitatively, at all levels of its administrative, judicial, legislative and social structure. The 2001 Federal Equality Act for the Public Sector (Bundesgleichstellungsgesetz) (DE0112206N) provides for equality plans to be drawn up in public sector organisations, and a quota system whereby women are to be given preference in those areas where they are underrepresented in comparison with men, and where they demonstrate equal suitability, qualification and performance. This expressly includes functions entailing senior and managerial tasks, applying to all jobs and promotions etc.
• In Slovenia, the 2002 Act on Equal Opportunities for Women and Men obliges public authorities to draw up periodical plans and biannual reports on the implementation of the National Programme for Equal Opportunities for Women and Men.

Hungary currently has no provisions on equality plans in either the public or private sectors. However, a draft Law on Equal Treatment and Equal Opportunities submitted to parliament in September 2003 would oblige state-owned companies with over 50 employees to draw up annual gender equality plans in the framework of a national equality programme to be submitted to parliament by the government. The plans should involve a survey of the employment situation of 'vulnerable' groups with regard to wages, working conditions, promotion, training, childcare and maternal allowances, and should aim at achieving national equal opportunity targets.

In Belgium, gender equality/positive action plans are, as seen above, essentially voluntary in the private sector. However, the royal decree of 27 February 1990 obliges each public service to put in place a such a plan. It provides for the compilation of an analysis, examining the situation of employees by gender according to a fixed set of criteria, followed by the production of the equality plan. Similarly, in Italy the 1991 positive action law (125/91) provides only funding for private sector positive action plans, but in the public sector it imposes a specific duty on public administrations in their capacity as employers to introduce positive action measures. A decree of 19 May 2000 set a deadline for the introduction of such positive action plans and introduced penalties for non-compliance, as well as opening up funding opportunities.

Implementation

In the nine countries with some form of obligatory public sector gender equality plans, it might be expected that there will be a high level of implementation in practice. While data is not available for all countries, this appears to to be the case in countries such as Denmark - where research indicates that 80% of all municipalities and 90% of councils have a written equality policy - and Sweden - where a 1999 survey found that 75% of public authorities had equality plans. In Austria, all employees of the federal state are, formally, covered by positive action plans in favour of women. However, the quality, implementation and monitoring of of such equality plans is reported to depend strongly on the engagement of the particular minister in charge. Furthermore, only some of the public servants employed by the regions (Länder) are covered by such provisions.

However, in other countries, despite the existence of legislation, equality plans are still relatively rare in the public sector. In Italy, positive action plans were adopted in very few public administrations after they were made obligatory in 1991, as there was no penalty for failure to comply and no provision for financial assistance. New legislation adopted in 2000 sought to address this situation (see above). However, plans are still not widespread, mostly existing at the various levels of local government, in public utilities and more recently in the health sector, rather than in the central administration. In Finland, a 2002 survey found that only 21% of public sector workplaces had equality plans, though all ministries had one.

By no means all of the countries with public sector provisions have introduced monitoring strategies with regard to their effectiveness. The countries can be divided into two groups: those that enforce a 'soft' interpretation of gender mainstreaming; and those that, institutionally and structurally, have introduced rigid forms of coordination. The first group consists of Austria, Slovenia and Italy, where there are no sanctions in place if public authorities fail to act according to the principles in the countries’ legislation, while the institutional set-up supportive of the legislation is underdeveloped. By contrast, there are countries that have monitoring procedures for public sector legislation which are institutionally well-developed and throroughly implemented in practice. The most developed systems are found in Sweden, Denmark and Finland, and to a lesser extent in Germany and Belgium.

Future legislative change

As mentioned above, the European Union pursues a gender mainstreaming strategy, which started with a 1996 Communication: on 'Incorporating equal opportunities for women and men into all Community policies and activities' and is incorporated in the current Community framework strategy on gender equality (2001-5) (EU0007264F). This is a framework strategy, but a binding element has been introduced by EU Directive 2002/73/EC of 23 September 2002 (EU0205201N), which amended the 1976 equal treatment Directive ( 76/207/EEC). Among the changes was the introduction of the following new provision into Article 1 of the 1976 Directive: '1(a) Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in paragraph 1.' These areas are access to employment, including promotion, and to vocational training, plus working conditions and (on certain conditions) social security.

Member States must implement the revision of the Directive by October 2005. The amendment of Article 1 will in theory oblige all Member States to introduce gender mainstreaming as a strategy. The list of countries with specific public sector legislation on gender equality plans is thus likely to be expanded from 2005 and onwards.

With regard to the private sector, new legislation on equality plans has been proposed in Ireland. The Equality Authority is seeking a new statutory obligation on employers to prepare and implement equality action plans (covering various issues, including gender). These action plans would set out steps that employers will take to comply with equality legislation, make adjustments to take account of diversity and pursue equality outcomes actively. In the remaining countries, there are no reported plans to introduce legislation concerning equality plans in the private sector. Falling short of legislation, it may be noted that in Greece the General Secretariat for Equality has recently assumed the responsibility for supporting positive actions in favour of women in enterprises, while in Slovakia the government drew up a national 'equal opportunities concept for men and women' in 2002 aimed at systematic integration of women’s and men’s needs and priorities in all policies and measures in order to enforce gender equality 'taking into account their differences and mutual interests' (SK0209102F).

'Bottom-up' policies - decentralised implementation of gender equality policies

Above we have examined legislation, public policy and (much less significantly) collective agreements which make workplace gender equality plans obligatory or promote them. We now turn to decentralised, locally-initiated gender equality plans, adopted and implemented voluntarily at the workplace level. Table 3 below looks at the extent of workplace equality plans in the countries examined, excluding Finland and Sweden, where such plans are mandatory, and looking only at the private sector in countries where plans are obligatory in the public sector. The table illustrates clearly the lack of data on this issue in almost all countries considered, with only broad estimates, based mainly on anecdotal evidence, available in most countries. Furthermore, there is an almost total absence of information specifically focused on the type of equality plan examined in this study, and where statistical data are available, they generally relate to company equality policies, which is not necessarily exactly the same thing. The table also indicates, where possible, the status of equality plans - ie whether they are unilateral employer initiatives or joint initiatives of some kind with trade unions or other employee representatives.

Table 3. Extent and status of voluntary, decentralised firm-specific equality plans

Country	Extent of firm-specific equality plans	Status
Austria (private sector)	Very few.	A few based on works agreements (eg Nestlé Österreich), usually informal unilateral employer initiatives in smaller firms.
Belgium (private sector)	Very few (see main text under 'Private sector legislation').	May be unilateral employer initiatives or based on company agreement with unions or works council.
Denmark (private sector)	Very few (examples include Falck, TDC, Nordea and Novo Nordisk).	Not known.
France	Very few (see main text under 'Private sector legislation') - one example is Segafredo Zanetti.	Those based on legislative provisions require collective agreement.
Germany (private sector)	A 2002 survey found that 13.3% of establishments with over 10 employees had formal gender equality promotion policies. A 2002 survey of works councils found that 9% has concluded works agreements on affirmative action for women.	A 2002 survey found that, of establishments with formal gender equality promotion policies (13.3% of the total), these were based on works/collective agreements in 9.0% of establishments and on voluntary initiatives in 5.0% of establishments.
Greece	Thought to be close to zero.	-
Hungary	Virtually nil - one exception is the Hungarian State Railways (Magyar Államvasutak, MÁV) and, less formally, the subsidiaries of several multinationals.	The few cases vary - eg MÁV plan based on negotiations with unions.
Ireland	Unknown - plans do exist, and tend to be found in large private sector companies (eg Superquinn) or in the public sector (eg Dublin Corporation).	In unionised companies, particularly in public sector, plans are often result of joint employer-union negotiation. In non-union firms, they result from unilateral employer initiatives. Some based on public support scheme (see box above).
Italy (private sector)	Not common, but examples include Electrolux Zanussi and Coop Toscana Lazio. Relatively few have received public funding (see main text under 'Private sector legislation'). A (small-scale) 1998 survey found that 37% of respondent companies had drawn up and communicated a policy statement on equality.	Generally based on company agreements.
Luxembourg	Thought to be non-existent.	A few company agreements provide for discussions on issue.
Netherlands	Specific equality plans rare. However, relevant issues are often incorporated into general company human resources policy.	Employers play key role in relevant policies, often with input from employee representatives.
Norway	Not thought to be very common, especially in private sector. Examples include Aker Brattvaag and municipality of Stavanger.	Unknown, though union/employee representatives likely to be involved (perhaps including an agreement) where present.
Poland	Thought to be very few, though some relevant measures in some subsidiaries of multinationals	Not known.
Slovakia	Thought to be non-existent.	-
Slovenia	Unknown, but not thought to be extensive. A 1999-2001 survey of larger companies found that 6% had a written policy on diversity and equal opportunities, and 31% an unwritten one.	Primarily employers' initiative.
Spain	Not known.	-
UK	Thought to be increasing. A 1998 survey found that 64% of workplaces with over 10 employees are covered by a formal equal opportunities policy, with incidence increasing with company size. Mainstreaming policies more common in public sector	Largely employer initiatives. In unionised companies, union pressure to widen joint regulation of equality issues.

Source: EIRO.

As table 3 indicates, firm-specific equality plans of the type examined by this study do not seem to be common across Europe (though this is not necessarily to say that measures or policies on specific gender equality issues generated at company level do not exist - in some cases, such as the Netherlands, they are widespread, but overall plans of the sort considered here are lacking) . They are virtually non-existent in Greece, Hungary, Luxembourg and Slovakia, and rare or very rare in Austria (private sector), Belgium (private sector), Denmark (private sector), France, the Netherlands and Poland. In the other countries, there does seem to be at least some presence of workplace equality plans. Figures are hard to find, but in all cases plans seem to be very much a minority phenomenon. The country where this area is best documented appears to be Germany. The best proxy for workplace gender equality plans here is arguably works agreements (between management and works council) on affirmative action for women, and a 2002 survey of works councils found that 9% had concluded such agreements.

Data are available for some countries on the proportion of companies with formal equality/equal opportunities policies which, while not exactly the same as equality plans, may provide a pointer to the extent of relevant measures. For example, based on various surveys (usually involving companies over a certain size), formal equality policies have been found in over a third of Italian companies, around an eighth of German companies, and a little over one in 20 Slovenian companies. The only country where such policies are in place in a majority of (larger) companies is the UK, where a 1998 survey found that 64% of workplaces with over 10 employees were covered by a formal equal opportunities policy, with the proportion rising with company size (see below).

Where they exist, whether workplace equality plans are unilateral employer initiatives or are based on agreement with/involvement of workers' representatives varies from country to country, and also within countries, depending on factors such as company size and union presence. For example, in Austria some of the few examples of equality plans are based on works agreements in larger companies, while they are usually informal employer initiatives in smaller firms. Similarly, in Ireland plans are likely to be the result of joint employer-union negotiation in unionised companies, particularly in public sector, but of unilateral employer initiatives in non-union companies. The only country for which statistical evidence is available is Germany, where a 2002 survey found that formal gender equality promotion policies were nearly twice as likely to be based on works/collective agreements as on voluntary initiatives. Other countries where bargaining seems to play an important role are Italy, France (in the case of the few formal equality plans based on legal provisions - see above under 'Private sector legislation') and Norway. Unilateral employers' initiative seem to predominate in Slovenia and the UK.

The UK is an interesting case. Here, there is no legislation on equality plans and collective bargaining is decentralised and fragmented - most equal opportunity initiatives are thus implemented at firm level and by the individual firm. While there is growing trade union support for promoting gender equality through collective bargaining, joint regulation of equality issues has not been widespread. Nevertheless, as seen above, formal company equal opportunities policies seem more widespread than in any other country examined (including those with legislation on equality plans), while the number of firms with equality plans appears to be increasing - for example, recent research indicates that employers are showing increased commitment to gender equality in a broad sense in the workplace, with the number of companies with 'adequate financial resources' in place for gender equality programmes rising sharply. The explanation appears to lie in employers embracing the 'business case' for equality. The main employers' organisation, the Confederation of British Industry (CBI), stresses the need to engage equality as a 'mainstream business issue and priority for business goals' (eg stability, reward, improved perceptions of business in society). Equality plans fit this broad agenda, but the CBI would emphasise that it is up to individual employers to decide the best approach to fit their own particular circumstances. It also opposes what it sees as 'undue' regulation by the state in the form of more or 'ineffective' legislation on employers to 'curb the discriminatory practices of just a few'. The emphasis on gender mainstreaming as a 'business issue', and one whereby a company’s perception in the community can be improved, resembles the role gender equality policies play in 'corporate social responsibility' in the USA. However, despite the large proportion of firms with formal equal opportunity policies, little research is done on the effect these policies have on the overall equality of women and men in the UK. For example, a substantial gender pay gap persists.

Contents of gender equality plans

This study focuses essentially on formal and explicit workplace gender equality plans established to cover the entire organisation concerned or parts of it. Before going on to examine the contents of such plans, it should be noted that there may also be less formal and more individual arrangements in workplaces, with a similar aim. This is reported from Austria, where a distinction can be made between: on the one hand, the few cases of formal organisation-wide plans (sometimes based on works agreements) aimed at dealing with structural problems of women’s discrimination, documenting existing gender inequalities and drawing up measures to promote positive action for women, with monitoring of implementation; and on the other hand, more common informal arrangements aimed at meeting company employment needs, providing for example for preferential recruitment of women or special provisions for women/parents of small children, which if they have a legal basis are grounded in individual employment contracts. This distinction might usefully be applied to the other countries.

With regard to the content of formal equality plans, in countries with legislation on the issue, this is regulated to varying extents. For example:

• in the Austrian public sector, plans should deal with the preferential hiring of women (expressed in a quota rule) and preferential treatment for women as regards promotion, training and further training;
• in Finland, the Office of the Ombudsman for Equality has published a gender equality 'toolkit' which provides broad guidelines on how to draw up the gender equality plans required by law. It states that, as a basis for equality planning, there should be a comprehensive and detailed preliminary charting of equality in the organisation concerned, including the structure of the personnel and recruitment policy. It is recommended that the equality plan should deal with subjects such as: organisation and task structure in the workplace; pay and pay structure; training and occupational advancement; use of family leave; and working conditions and the working environment;
• in Belgium, a detailed methodology is laid down for (voluntary) private sector plans, involving an equal opportunities working group and based on a five-stage procedure (engagement, analysis, setting up the plan, implementing the plan, and follow-up/evaluation). In the Belgian public sector, the legislation provides for the compilation of an analytical report and then the drafting of an equality plan; and
• in France, the legal framework for optional occupational equality plans (which are few in number, as seen above) lays down the procedure - ie agreements between management and trade unions, approved by the works council and based on a report on the situation of women and men - and the issues to be dealt with: recruitment, ongoing vocational training, promotion, access to responsible positions, working conditions and general employment conditions.

The Swedish legislation is probably most detailed in this area. The process starts with an annual examination of the current situation at the workplace, dealing with the following aims: working conditions which are suitable for both women and men; combining employment and parenthood for both female and male employees; prevention of sexual harassment; promotion of an equal distribution between women and men in various types of work and within different categories of employees through training, skill development and other suitable measures; ensuring that both women and men apply for vacant positions; and, where there is not an equal distribution of women and men in a certain type of work or within a certain category of employees, special efforts to recruit applicants of the underrepresented sex in new positions, aimed at a gradual increase in the proportion of employees of that sex. The second stage is to set out the measures that the employer will commence or to implement during the coming year to achieve these goals and deal with deficiencies. The plan also includes a summary report of the plan of action for equal pay that the employer must implement, and a report on how measures in the previous year's plan have been implemented.

In practice, the gender equality plans identified in this study tend to deal with a similar range of issues across countries, mostly similar to those set out in the legislation in the countries mentioned above. Broadly speaking, the key themes are

• recruitment and selection of new employees, often with preferential recruitment of under-represented groups, usually women;
• promotion and career development, often with preferential treatment of under-represented groups, usually women;
• pay and pay structures, with measures aimed at achieving gender equality;
• training and development, often targeted at women;
• various family-friendly measures aimed at a better reconciliation of work and family life. These can include provisions on parental, maternity, childcare and other types of family leave, special working time arrangements (organisation of working time part-time work, job-sharing etc) and childcare arrangements;
• work organisation; and
• working conditions and the working environment.

Within these general headings, there is a range of specific measures reported from various countries, such as: teleworking (Germany and Italy); hours banks or accounts (Germany and Italy), unpaid leave or reduction of working time for family responsibilities (Spain); job-sharing (UK): career breaks/return to work schemes (UK); and 'mentoring' arrangements for female employees (Denmark). Additionally, some further issues seem important in some countries, such as combating sexual harassment in Sweden and the UK, or changing company culture in Italy and the UK.

In general, workplace gender equality plans thus tend to deal explicitly with several factors that are related to the individual employee’s occupational attainment on the one hand (eg career development, training and wages) and on the institutional arrangements on the other (eg childcare facilities, flexible working hours, parental and other family-related leave, and recruitment and promotion procedures).

Table 4 below gives examples of gender equality plans in a number of countries. It should be noted that in some countries, such as Austria and Hungary, these are among the very rare examples of such initiatives.

Table 4. Examples of workplace gender equality plans

Country	Example
Austria	In 1994, the management of Nestlé Österreich (food and beverages) concluded a works agreement with its works council on a gender equality plan, based on positive action for women. The company has about 770 employees, of whom almost 50% are women. The equality plan stipulates equal opportunities for men and women in terms of pay and promotion and aims actively to overcome gender-related segregation within the company by encouraging women to enter areas of work which are traditionally dominated by men. All vacant posts are also offered to (mostly female) part-time workers in order to encourage them to enter full-time jobs. Special training support is provided for women to take such jobs. The plan lacks any provisions for following up or monitoring its implementation.
Finland	Valmet Automotive, a car component manufacturer based in Uusikaupunki, has received an award from the Minister of Health and Social Services and the Ombudsman for Equality for its equality planning. The concept of equality in this company is broad and in addition to gender includes issues related to age. The equality plan deals with: recruitment policy; on-the-job learning and task rotation; working conditions and working time; wages and reward; training; situations related to change; family leave; sexual harassment; welfare at work; discrimination; and implementation and monitoring. The joint management-employee cooperation committee (FI0309203T) monitors the implementation of the equality plan and sets new objectives for future plans. A set of indicators has been developed, for which data is gathered once or twice a year.
Hungary	Hungarian State Railways (Magyar Államvasutak, MÁV) has a well-developed gender equality plan, introduced following requests from the women’s section of the Trade Union of Hungarian Railway Workers (Vasutasuk Szakszervezete, VSZ). The plan focuses on wages, working conditions, flexibility, promotion, training, childcare and maternity allowances, and aims to achieve equal opportunities for women and men and the protection of their families. A company equal opportunity commission promotes equal treatment and even positive discrimination in favour of women in some areas. Specific measures include: the introduction of flexible working time in administrative jobs; and protection from dismissal for one year - rather than the statutory one month - for women returning from childcare leave (a measure incorporated in the company’s collective agreement).
Ireland	Organon is a Dublin-based pharmaceutical company owned by the Dutch multinational AKZO Nobel. It has agreed to conduct an equality review in conjunction with the public Equality Authority, which is designed to raise equality and 'dignity at work' issues. The agreed equality review includes induction and training courses and the promotion of a 'dignity at work charter' on bullying in consultation with the Health and Safety Authority. The initiative includes assistance from a publicly-funded equality auditor, a template from which the organisation and the auditor will work together, an agreed equality action plan, and an external review of implementation of the action plan after an agreed time
Italy	Coop Toscana Lazio is a national retail company employing 2,500 people, 55% of whom are women. Equality action was initiated in 1994, mainly driven by a collective agreement which ensured funding from the Ministry of Labour (under the positive action legislation - see main text). Following an investigation on the position of women, a number of focused actions have been designed and developed in the areas of recruitment and selection, professional development (including mentoring) and reconciliation of work and family life (eg an information point and telework). A close link between this equality action and ongoing organisational change, together with positive results achieved by specific measures developed, are reported to have induced changes in some human resource management operational tools. An equality fund has recently been created by the board of directors to provide the necessary resources to develop equality action further.
Norway	Aker Brattvaag is a shipbuilding company based in Haram in western Norway, where it employs 450 workers (out of 3,600 in seven enterprises in four countries). In 1999 Aker Brattvaag participated in an equal opportunities and diversity project initiated by the NHO employers' organisation, with the aim of increasing its recruitment base and attracting more women, as well as modernising company culture. A project group was set up, in which employee representatives and various levels of management participated, while the viewpoints of employees were gathered through questionnaire surveys and working groups. A joint action plan was developed taking in areas such as: organisational and management development; recruitment strategies; flexible working time schemes; and equality and diversity wage policy. A steering committee was set up to oversee the work on diversity. At the end of the project, it was concluded that equal opportunities had become entrenched in the group management's thinking, and that a conscious awareness over diversity issues had become integrated into the company’s activities. Aker Brattvaag has continued its work on equality/diversity since the project was concluded. For example, it has initiated a management development programme, and carried out a pilot project on 'local management-personnel dialogues'. Flexi-hours have been introduced in the company, and negotiations on the introduction of paid paternity leave are near completion. Steps are also being taken to measure the extent to which more women have been recruited and equal pay have been achieved. The company has lately received several awards for its work on equal opportunities and diversity.
UK	Research published in 2002 found that Procter and Gamble (chemicals) had become concerned about the disproportionate loss of women on their way up the 'corporate ladder', despite recruiting equal numbers of male and female graduates. The company decided to introduce measures such as home-working and career breaks, and to seek to effect culture change in an organisation where work had always been expected to take precedence in an employee’s life. As a result, it now has employees at director level who work part time or jobshare. As well as seeing a rise in the number of female managers, over the past five years productivity has increased by more than 30% - an increase that is most consistently attributed to the organisation’s increased percentage of female managers at group manager level from 25% to 42%. Moreover, the company has moved on to consider the recruitment and retention of people from ethnic minorities, and more recently has included disability, age and sexuality.

Source: EIRO.

Gender equality and other equality concerns

Gender equality concerns appear to be given a differing priority in public discourse and politics (though this is of course difficult to measure) in the 19 countries considered. For example, they seem to have a very high profile at present in countries such as Denmark, Finland, Ireland, Norway, Spain and Sweden but a lower one in Italy and Luxembourg. In the new Member States, gender discrimination seems to be receiving increasing priority as EU accession nears and national provisions are harmonised with EU norms. A significant factor is the relative importance attached to other potential grounds of inequality. At EU level, recent years have seen an increasing recognition of the existence of, and need to combat, discrimination based on grounds other than gender. The Amsterdam Treaty, which was concluded in June 1997 (EU9707135F) and came into force in May 1999, introduced to the EC Treaty a new anti-discrimination article - Article 13, which authorises the Community to take appropriate action to combat discrimination based on grounds of based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. This was followed by the adoption in 2000 of EU legislation on the issue: Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (EU0102295F), covering discrimination on the grounds of religion or belief, disability, age and sexual orientation; and Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (EU0006256F). The implementation of these Directives appears to have raised the profile of these other grounds of discrimination in many other countries, often resulting in legislation. Other factors have also contributed to increasing attention to discrimination on particular grounds.

Thus, at present, there is considerable public attention paid to: racial discrimination in countries such as Denmark, Germany, the Netherlands, Norway and Sweden; the position of immigrants in countries such as Belgium, Finland and Italy; and age discrimination in countries such as Denmark, Finland, the Netherlands and Poland. A particular issue is prominent in Hungary and Slovakia - the situation of the Roma minority.

Though it is difficult to create such a 'hierarchy', it can be argued that: in Hungary, Italy and Slovakia racial and ethnic issues are currently given more attention in political and public debate than gender; in Germany and the UK gender and racial discrimination are given equal importance; in Luxembourg gender equality per se is not a high-priority issue; and in the remaining countries gender equality is the dominant priority followed by racial discrimination. In Denmark, Finland, the Netherlands, Poland and Slovenia, age discrimination also figures in the public debate, though is regarded as less important than both gender and race.

At company level, although this study has focused on gender equality plans, it should be noted that other issues such as age, race, disability and sexual orientation may be covered by the same or additional plans (sometimes as a part of a wider 'diversity' agenda) in countries including Finland, Ireland, Italy, the Netherlands, Norway and the UK. However, in countries such as Austria, workplace plans, where they exist, appear to focus solely on gender

Commentary

This study has found that firm-specific gender equality plans are not widespread across the European private sector (though specific data on the issue are lacking in most countries). In fact in the majority of the countries examined there are only few and fragmented examples of implemented firm-based equality plans. Looking only at the private sector, among the 19 countries considered the relative importance of workplace gender equality plans is, it can be argued, low in terms of dissemination and effect in 15 cases, including several of those where there is some legislation on the issue - Belgium (where the legislation does not make plans obligatory) and Norway (where the legislation is very new). Among the other four countries, workplace equality plans can be said to have a relatively high formal importance in France (where there is legislation on the issue, but plans are not obligatory), but in practice the importance of these plans is quite low. In the UK, equality plans, or at least policies, are widespread and formally important, but their practical effect might be questioned. It is arguably only in Finland and especially Sweden, which both have legislation making equality plans obligatory, that they are of relatively major practical significance. Binding legislation thus appears to have an important effect in this area, but it also requires monitoring and follow-up, as provided by the Swedish Equal Opportunities Ombudsman's office. Overall, Sweden seems to have the most developed and effective policy in the field.

On the more general issue of regulating gender equality, the strong emphasis on top-down legislation and national implementation of EU Directives has meant that the role of the social partners in this area is generally modest. Most employers' organisations and trade unions at central level are in principle supportive of furthering measures that will secure greater gender equality. However in roughly half of the countries examined here, these policies mainly involve declarations of principles and are not aimed at pushing national legislation to extend the provisions laid down in EU laws. The trade unions in the Nordic countries, Germany and France seem to have the most proactive policies with regards to combating gender inequalities.

Interestingly, the whole area of gender equality is one of the most - if not the most - legally regulated areas of the labour market. However, gender equality is far from having been reached in all European countries. In the Nordic countries, the high degree of labour market segregation is often referred to as hindering effective gender equality. In Southern Europe, the low labour market participation rate of women and the use of 'atypical' forms of employment is a problem, and in some of the new EU Member States of central and eastern Europe gender equality per se is regarded as a lesser problem than the integration of minority ethnic groups and migrant workers.

It is therefore tempting to suggest that legislation matters in this area, but that the extent of legislation has removed the social partners' responsibility in combating gender inequality. For example, statistical evidence has shown a significant wage gap in all countries despite the EU Directive on equal pay for equal work. This could imply that there is a problem applying legislation in practice and that effective measures aimed at overcoming gender inequalities have not been introduced by the labour market parties, employers and policy-makers.

There seems little doubt that EU legislation has created a sound foundation on which any further measures must be based. Yet despite an increasing importance of, and focus on, gender equality in European discourse, more far-reaching or concrete policies are apparently called for. The Swedish model can in this respect be used as an example of good practice. Not only does the Swedish gender equality legislation extend the provisions in EU law, it also commits private and public sector employers to introduce equality measures that are tailored to individual workplaces. In addition, the local social partners are given a role in the creation and implementation of the plans. This is then backed up by a monitoring procedure that institutionally and effectively has the resources and power to ensure that the laws are applied in practice. (Christina J Colclough, Mikkel Mailand and Carsten Jørgensen, FAOS, University of Copenhagen)

• ID: TN0402101S
• Author: Christina J. Colclough, FAOS
• Country: EU Countries
• Language: EN
• Publication date: 10-03-2004