Gender mainstreaming in industrial relations

This comparative study analyses the state of gender mainstreaming in industrial relations in 17 EU Member States and Norway. It examines collective bargaining and its results, as well as the gender mainstreaming policy and infrastructure of trade unions and employers’ organisations. Government policy and legislation is dealt with as far as is necessary to provide insight into the national context in which the social partners operate. The study finds that gender mainstreaming is primarily a matter for government regulation and policies, and that not many connections are made between the governmental regulatory/institutional framework and collective bargaining. However, gender mainstreaming is on the agenda of the central trade union organisations in all countries concerned. Employers’ confederations tend to have a less developed mainstreaming approach, to stress different aspects, notably diversity policies, and to prefer tailor-made solutions over general rules. Nevertheless, gender is being mainstreamed into collective bargaining in many countries, most often at the national multi-sector level. These agreements are usually frameworks of aims, to be elaborated at sector or company level, or take the form of recommendations to lower bargaining levels.

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'. Gender mainstreaming thus entails a 'paradigm shift' in thought and action with respect to previous policies designed to achieve equality between the sexes, such as equal treatment, equal opportunities, positive action or positive discrimination. The latter policies primarily seek to help women fit into existing, male-oriented organisations and institutions, and are thus aimed at 'adapting women'. Gender mainstreaming, however, takes account of the situations, priorities and needs of both women and men. Mainstreaming strategy is not aimed at changing women but rather accepts their situations, priorities and needs as being 'normal', taking this - at the same level as men - as the starting point in (re)designing organisations and institutions. Gender mainstreaming is therefore aimed at the integration of a gender perspective into all general policies and measures. In the context of industrial relations, this means that efforts directed at integrating women into the labour market (specific measures aimed at women such as equal treatment or positive discrimination) will be effective only if accompanied by efforts to change labour conditions. This involves: reorganising and making flexible working life; building up qualitatively and quantitatively sufficient care services; designing training and education schemes that are adapted to women and men with respect to content as well as organisation (in terms of time schedule, care facilities and payment); creating a corporate culture in which sexual harassment is banned; and following policies that strengthen the equal sharing of work in the private sphere. Last but not least, men have to be included as the 'subject of change' in strategies relating to gender mainstreaming.

Since the mid-1990s, there has been growing consensus in the EU about the importance of mainstreaming equal opportunities within general policies, and the Union now pursues a gender mainstreaming strategy. The process started with a February 1996 European Commission Communication on 'Incorporating equal opportunities for women and men into all community policies and activities' (COM (96) 67 final) and is incorporated in the current Community framework strategy on gender equality (2001-5) (EU0007264F). 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.

Gender mainstreaming was officially introduced into the European employment strategy (EES) in 1999. According to the EES, equality should stay the subject of 'specific measures' under the so-called fourth strategy pillar, equal opportunities. Equality should also be mainstreamed into its other three pillars; it is an integral part of improving 'employability', developing 'entrepreneurship', and encouraging 'adaptability' of businesses and their employees. These pillars were replaced from 2003 onwards by three objectives - full employment, improving quality and productivity at work, and strengthening social cohesion and inclusion - in which equal opportunities are mainstreamed (EU0308205F) (however, the employability and adaptability pillars are used in this study as a useful framework for analysis).

Developing the gender mainstreaming potential of social partners is seen as important since, in its absence, collective bargaining might in practice serve to underpin inequality, traditionally entrenching rather than challenging discriminatory practices, gender segregations of work and the 'male norm' of employment (see 'Strengthening and mainstreaming equal opportunities through collective bargaining', I Bleijenbergh, J de Bruin and L Dickens, European Foundation for the improvement of Living and Working Conditions, Dublin, 1999). The EU employment guidelines that implement the EES give social partners a role in mainstreaming gender into the pillars of employability and adaptability (as these areas were described pre-2003 - see above). This means that training and education schemes should seek to promote employability, taking the specific situations of both men and women into account, and that special provisions should be created for employees with care responsibilities. The concept of adaptability focuses on the objective of modernising work organisation, by introducing flexible working arrangements and including different contractual employment terms. Mainstreaming gender into this concept means that these arrangements should take account of the specific situations (eg time schedules) of both women and men, and the contractual forms included should cover both sexes equally. The employment guidelines stress the need for a balance between flexibility and security.

An earlier EIRO study on gender mainstreaming in industrial relations focused on good practices in collective bargaining (TN0005402S) - while another (TN0402101S) examined equality plans at the workplace. The present comparative study - based largely on reports from the EIRO national centres in 17 EU Member States plus Norway - seeks to provide a broader overview of the current state of the art of gender mainstreaming in industrial relations. It therefore examines: the gender mainstreaming policy and infrastructure of trade unions and employers’ organisations; gender mainstreaming in collective bargaining and its outcomes; and (as far as is necessary to provide insight into the national context in which social partners operate) government policy and legislation. The study concludes with an assessment of the current situation of gender mainstreaming in industrial relations.

Trade union policies and infrastructure

Below, we examine trade unions’:

• infrastructure to stimulate and support equality bargaining;
• internal mainstreaming policies; and
• external policies to promote gender mainstreaming.

The focus is on the main national trade union centres (confederations, federations etc), but 'good practices' are also reported at the individual union level.

Union centres’ infrastructure

Potential trade union infrastructure for stimulating and supporting equality bargaining, including gender mainstreaming, may involve:

• equality officers and expertise centres;
• equality guidelines for negotiators; and
• scanning instruments for 'gender-proofing' collective agreements.

As indicated in table 1 below, expert departments and committees, or at least an equality officer, are common to the union centres in the countries included in this study. Equality guidelines for negotiators, including those that form part of general annual guidelines, have been developed in most cases, at either federal/confederal, individual union or company level. In Spain, equality between men and women is one of the main issues in the union centres’ annual guidelines for collective bargaining. In five countries - Belgium, Denmark, France, Greece and Slovakia - the union centres intend to develop such guidelines. Six union centres intend to create scanning instruments to gender-proof collective agreements, but the actual establishment of scanning instruments at individual union level is reported from only two countries, Austria and Germany. In Norway, one main confederation has developed a control system. In summary, in the union centres of the countries examined expertise is present, and basic instruments have been established or there is an intention to develop them.

Table 1. Trade union infrastructure supporting equality bargaining

Country	Equality officers/expertise centres	Equality guidelines for negotiators	Equal opportunities scanning instruments for gender-proofing collective agreements
Austria	Project group for implementation of mainstreaming policies	At individual union level (metalworking and textiles)	At individual union level (metalworking and textiles)
Belgium	Proposal for officers at confederal level	Proposal for guidelines at confederal level	Not known
Denmark	Equality department at central level; equality officers, committees etc in individual unions	Guideline included in 2003 mainstreaming initiatives	May be introduced; part of 2003 mainstreaming initiatives
Finland	Main confederations have a committee and an officer respectively; individual unions have working groups	Guidelines established for equality plans at the workplace	Gender impact assessment of agreements is included in the 2003 recommendations of the SAK confederation
France	Two confederations have officers	Development of tools and bargaining handbooks for compulsory bargaining on occupational gender equality (TN0402101S)	Scanning instruments implied in compulsory bargaining
Germany	Main confederation and all affiliated unions have equality policy responsibilities; United Services Union (ver.di) and German Metalworkers’ Union (IG Metall) employ specific officers	Checklists for negotiators developed at confederation and individual union level	Scanning instruments developed at individual union level
Greece	Main confederations have relevant departments	GSEE confederation has proposed monitoring and evaluation measures	Scanning instruments may be included in a forthcoming equality project
Hungary	Confederation in private sector has department, other confederations and sectoral federations have officers	Annual guidelines of larger sectoral federations include gender issues	Given predominance of company-level agreements, gender-proofing exceeds capacity of unions
Italy	Main confederations employ officers, and have departments at central level or committees at lower levels	Mainstreaming guidelines have been developed	No specific scanning instruments developed. In some cases, when designing positive action measures, some scanning tools at company level have been included
Ireland	Main confederation and main affiliated union employ officers	Guidelines not mentioned	Scanning instruments intended
Netherlands	One main federation has department; other staff members are expected to have expertise	No guidelines; gender and ethnic mainstreaming efforts appear to have failed so far; gender issues are covered in briefings for negotiators	No scanning instruments developed
Norway	Main confederations have staff members and committees; other confederations employ officers who include in their work gender issues	No specific guidelines but several unions/confederations practice gender mainstreaming policy at general level. Gender equality aspects with normally be considered in connection with negotiations/ formulation of demands at central level	No scanning instruments; LO confederation has developed control system
Poland	One main centre has a commission, the other an ombudsman	Not known	Not known
Slovakia	Main confederation and some individual unions have equal opportunities committees	Guidelines are being prepared	No scanning instruments
Slovenia	Main centres have a committee or an officer and intend to instal a women’s section; branch-level unions may have committees	Equality guidelines are being prepared, to be included in general guidelines	No scanning instruments
Spain	Main confederations have departments, also at sectoral and regional level	Guidelines, manuals and good practice guides	No scanning instruments
Sweden	Confederations and most individual unions have equality officials	Confederations have produced several guidelines and manuals on equal opportunity issues, pay and conditions	No scanning instruments; collective agreements formulated in gender-neutral terms
UK	Main confederation has department; larger unions have equality or women’s committees	Bargaining manuals often include guidance on negotiating equality; handbooks include equality chapters	Gender impact assessment document developed for assessing policy initiatives

Source: EIRO.

Internal gender mainstreaming policies

Of the trade union centres (and unions) in the 18 countries covered by this study, those in 15 have or intend to develop internal gender mainstreaming policies - see table 2 below. In the remaining group of countries, equality or equal opportunity policy is still the main issue within the union centres. The UK’s Trades Union Congress has an equal opportunities policy, as do some individual unions; in Spain the main confederations have internal gender equality plans; and in Finland the main confederation has adopted an equality plan drawn up by the European Trade Union Confederation (ETUC). The internal mainstreaming policies of union centres in most of the other 15 countries date back no further than around 2000, and were adopted as recently as 2003 in some cases. However, in Italy and the Netherlands the union centres have a longer history of internal mainstreaming activities, and a process of implementation is reported.

Slovenia - gender mainstreaming without infrastructure? It might be expected that the size of the infrastructure for stimulating and supporting union centres’ equality bargaining would reflect the overall degree of development of gender mainstreaming policies in industrial relations, but this is not necessarily the case. Slovenia’s largest union confederation, the Association of Free Trade Unions of Slovenia (Zveza Svobodnih sindikatov Slovenije, ZSSS) has had a central committee for equal opportunities in place since 2001, while equality bodies exist in some of its branch unions. The second main union centre, the Confederation of Independent Trade Unions of Slovenia (Konfederacija Neodvisnih sindikatov Slovenija, KNSS), employs an officer responsible (among other issues) for equal opportunities. This appears to represent the trade union movement’s entire expertise structure in this area. However, the presidency of ZSSS has accepted its equal opportunities committee’s far-reaching recommendations on the integration of equal opportunities into collective bargaining. The main themes are balancing family and work responsibilities, sexual harassment and dignity at the workplace, and the professional advancement of women. Under these three themes, provisions on equal opportunities have been introduced for branch-level bargaining. In April 2004, an action plan for support and the establishment of equal opportunities was accepted by the ZSSS presidency, covering adequate representation of women in trade union structures, collection of relevant data, training, bargaining guidelines, support for victims of discrimination, implementation and monitoring of equal opportunities in bargaining, and demanding that employers incorporate equal opportunities into their annual reports. It could be argued that a major gender mainstreaming programme has been launched by Slovenian unions with only a minimal number of relevant staff members.

Women’s under-representation

Practically all national union centres acknowledge that under-representation of women in their higher ranks and those of their member unions is a problem to be addressed. In some countries such as Sweden, Poland and Hungary, the unions in sectors with a high proportion of female employees reportedly do not have this problem, with female members adequately represented among union officials. Specific measures have been taken in some cases to tackle the problem of women’s under-representation within union structures. Union centres in five countries - Austria, Belgium, Ireland, the Netherlands and Spain - have opted for a policy of positive action, while the Confederation of German Trade Unions (Deutscher Gewerkschaftsbund, DGB) is considering this possibility and Slovenia’s ZSSS has taken measures to reduce the gender gap. Centres in another five countries have implied positive action by introducing a principle of proportionality in gender representation (Norway - mainly for elected officers and representative bodies at central level - and the UK) or established a quota (France, Italy and Slovakia). Implementing a quota policy or a proportionality principle may include positive action measures. Either way, many union centres not only acknowledge the problem of under-representation, but are also inclined to establish policies to balance gender representation.

At individual union level, since 1998, Austria’s white-collar Union of Salaried Employees (Gewerkschaft der Privatangestellten, GPA) has pursued a strict quota policy - the share of female representatives in all GPA bodies has to be at least equal to the percentage of women in the total membership (43%). This policy has proved successful and the way has been paved for the recruitment of female union negotiators. Both GPA and the central Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund, ÖGB), to which it is affiliated, have developed gender mainstreaming programmes since 2001. The two main Spanish trade union confederations - the Trade Union Confederation of Workers’ Commissions (Comisiones Obreras, CC.OO) and the General Workers’ Confederation (Unión General de Trabajadores, UGT) - have also developed policies to tackle women’s under-representation among their officials and in representative bodies. CC.OO has decided that the lists of candidates for union positions must have a percentage of women equal to the percentage of women in the membership. UGT has established a minimum threshold of 20% for the less represented sex in bodies such as its congresses and executive committees. These principles are laid down in internal equality plans, drawn up from 1998 onwards. Both union confederations have departments specialised in gender equality and it is reported that their importance is steadily increasing.

Awareness training

The other issue raised in the context of internal policies is gender awareness training for negotiators. With a few exceptions, union centres in the countries examined have established some form of awareness training for representatives, union staff members, shop stewards and officials. Awareness training for negotiators is under consideration in Germany. The UK provides an example of an advanced training programme: equality is a key theme in the TUC’s education programme and a wide range of relevant training is offered to a variety of union officials and members.

External gender mainstreaming policies

Of the 18 countries considered, 10 report official external mainstreaming policies in the main union centres - Austria, Belgium, Denmark, France, Germany, Greece, Ireland, Norway, Spain and the UK - see table 2 below. In the remaining eight countries, the union centres practice equal opportunity policies (though recent initiatives by the main Polish centres may turn out to be the starting point for development of coherent gender mainstreaming policies). The issues addressed in gender mainstreaming policies and equal opportunity policies overlap (see below). Furthermore, they may vary according to the labour market conditions and government policy in the different countries. In Denmark, for example, the confederations’ policy is directed at identifying a 'family-friendly workplace', whereas Greek union confederations are concerned with the problem of unemployment among women, 'atypical' forms of employment and involuntary part-time work.

The congress of the Confederation of Danish Trade Unions, (Landesorganisation i Denmark, LO) adopted a gender mainstreaming strategy in 2003. Identifying a family-friendly workplace is one of the external goals set by LO, whose mainstreaming strategy embraces both internal and external targets. The confederation defines mainstreaming as a strategy that should: i) improve women’s representation at the top of the organisation; ii) improve the training of women; iii) create mainstreaming tools and guidelines; and iv) create a 'catalogue of ideas' that can support the work of member organisations, shop stewards and employers. The implications of a shift towards gender mainstreaming are clarified in the policy decisions of the Norwegian Confederation of Trade Unions (Landsorganisasjonen i Norge, LO), which accepted the principle of mainstreaming in late 2001. This means that the gender perspective should be integrated in all of LO’s internal and external decisions and activities, and unions should stress the gender perspective when commenting on public policy or proposed changes in labour market regulations (NO0402101F). This may imply both fundamental policy changes and minor adjustments. For example, the LO confederation not only stresses the problems and rights of mothers, but also those of fathers, and emphasise that equality in the labour market is also dependent on fathers and mothers sharing responsibility for childcare. LO’s programme for the 2001-5 period states that 'LO will work to extend the paid parental leave arrangement, ensuring that the extended leave period is reserved for the father'. For some unions across Europe, the above initiatives are only a further step in equal opportunity policies, for others they imply a 'paradigm shift', as both sexes are supported by care provisions instead of women alone. Gender mainstreaming implies that both sexes are addressed as a 'subject for change'.

Gender mainstreaming represents a policy shift, and is commonly perceived as a shift in strategy, but not in aims. Unsurprisingly, the issues addressed by 'old' and 'new' policies overlap. An example is the external mainstreaming policy of the Irish Congress of Trade Unions (ICTU). Longstanding and new issues are mixed in ICTU’s policy, with problems to be addressed identified as the gender pay gap, job segregation, and access barriers to training, employment and promotion. The targets are affordable childcare, family-friendly policies and gender-proofed collective agreements, practices and policies. On the issue of gender-proofing agreements and policies, gender mainstreaming implies monitoring, evaluation and control of existing policies in a gender perspective.

Unions, employability and adaptability

The social partners are assigned an active role in the European employment strategy (EES) under the pillars of 'employability' and 'adaptability' (as these areas were described pre-2003 - see above). In addition to specific measures directed at equality (the 'equal opportunities' pillar), the social partners are requested to mainstream equality as an integral part of improving employability and encouraging the adaptability of businesses and their employees. Adaptability relates to flexible working arrangements aimed at facilitating labour participation amongst (female) employees with care tasks. Employability is understood as the opening up of training possibilities for (female) employees with care responsibilities (see below).

Of the countries included in this study, union centres and individual unions in 12 have developed external policies that address adaptability - Denmark, France, Finland, Germany, Greece, Hungary, Ireland, Netherlands, Norway, Poland, Slovakia, Slovenia and Spain. In their external policies, eight of them cover employability aspects - in the 12 countries mentioned, except Finland, Germany, Hungary and Slovenia. While the link to employability is not made explicitly, it is implicit in the policies followed. Recurrent issues include access to training and education and the reconciliation of work and family life. In the Italian union confederations, not included in the list above, adaptability and employability policies of a kind are pursued. The efforts of the main confederations here are directed at increasing the level of employment among women, improving working conditions and increasing the 'female contribution' to enterprises. Depending on the measures taken, these policy issues could be considered part of the adaptability and employability pillars. In conclusion, employability and adaptability is on the policy agenda of union centres in more than half of the countries covered by this study.

Table 2. Internal and external mainstreaming policies of trade union centres and individual unions

Country	Internal mainstreaming policies, positive action within the organisation, equality-awareness training	External mainstreaming policies, employability and adaptability
Austria	Internal mainstreaming accepted by (sole) confederation in 2001; positive action implemented since 1998 in white-collar GPA union; training for top-level representatives in unions	External mainstreaming in process of development since 2001; employability and adaptability not addressed
Belgium	Internal mainstreaming accepted by main confederations in 2000 and 2002; positive action and training included	No official external mainstreaming policy; employability and adaptability not addressed
Denmark	Internal mainstreaming accepted by LO confederation in 2003; positive action not included, but improvement in women’s representation is; training included	Mainstreaming introduced in external policy in 2003 - main issues are wage gap, segregation in labour market, improving women’s representation in leading positions, improving training, family-friendly workplaces and mainstreaming tools; employability and adaptability implied
Finland	In 2003, SAK confederation accepted ETUC equality plan; focus on internal gender balance; women’s under-representation acknowledged (though main confederations do not claim positive action as such, they pay attention to gender balance of their staff and try to improve it); main confederations offer training on gender impact assessment for negotiators and member unions	Main external policy tools include equality plans at the workplace (guidelines are developed and disseminated); adaptability implied
France	Main confederations have made internal mainstreaming efforts since the 1980s; focus on gender balance; positive action seems implied in principle of gender quotas or parity in main confederations; confederations and unions offer training for staff and officials	Parts of external policy are gender mainstreamed; employability and adaptability implied
Germany	Internal mainstreaming accepted by main confederation and unions in 2001; appropriate representation an issue; positive action considered; training of negotiators considered	Since 2001 main confederation and unions have developed external mainstreaming programmes and initiatives; adaptability implied
Greece	Main confederations have made internal mainstreaming efforts since the 1990s; focus on gender balance	External policy may be considered as gender mainstreamed; employability and adaptability acknowledged
Hungary	Confederations and sector organisations take internal mainstreaming initiatives; women’s adequate representation at top level is a concern; no positive action; negotiators are often women (in female-dominated sectors); confederations offer training to officers and negotiators	No external gender mainstreaming; priority policies directed at changing employment terms (notably relating to the return from parental leave) to raise the low employment rate amongst women; adaptability implied
Italy	Main confederations have made internal mainstreaming attempts since mid-1980s; women’s representation through women’s units at relevant levels or through quota policy (positive action implied); training offered to union trainers and delegates	No official external mainstreaming policy; priorities are increasing female employment, improving working conditions, increasing female contribution to enterprises; employability and adaptability may be implied
Ireland	In 2004, ICTU confederation reconfirmed internal policy of mainstreaming equality; form of positive action for industry sector union’s officials panel; training directed at officials and activists	Main issues are pay gap, segregated jobs, affordable childcare, family-friendly policies, barriers in access to training and promotion, and gender-proofed collective agreements; employability and adaptability implied
Netherlands	Since the 1990s the FNV federation is in favour of gender mainstreaming (informal process); positive action and training included	Efforts in terms external gender (and ethnic) mainstreaming policy have reportedly been unsuccessful so fa; standing policies address employability and adoptability
Norway	Since 2001 LO confederation and some unions practice internal mainstreaming policies; a few unions dominated by female members have minimum percentage of women in representative bodies (positive action implied); equality issues included in training for shop stewards	LO confederation accepted mainstreaming policies in 2001; main issues are leave schemes (notably role of the father), working environment, pensions and part-time work; employability and adaptability implied
Poland	No internal mainstreaming initiatives; women’s representation in some unions at appropriate level, in others an issue; positive action and training not included	Policies aimed at promoting equality in employment relations, access to education and participation; main confederations have recently launched information and awareness-raising campaigns on discrimination and harassment
Slovakia	Since 2002, main confederation has taken initiatives; quota for women accepted (positive action implied); training for negotiators	Policies aimed at equal opportunities, removal of gender discrimination, and initiating new provisions to integrate women’s (and men’s) needs and priorities; employability and adaptability implied
Slovenia	In 2004, ZSSS confederation accepted action plan on equal opportunities; women’s under-representation acknowledged - measures aimed at reducing gender gap by 50% (positive action not mentioned); training on recognition of discrimination	Main issue in external policies are coping with direct and indirect discrimination, including equal opportunities in collective bargaining, various protection measures and measures for balancing work and family responsibilities; adaptability implied
Spain	Since 1998 and 2000 main confederations have adopted internal gender equality plans; women’s presence in union positions must correspond to the proportion of female members; positive action implied; training for union members	Main issues in equal opportunity policy are access to and retention of employment for women, reconciling work and family life through care facilities, flexible working time and hours, sharing of (paid) leave and action against pay discrimination; employability and adaptability implied
Sweden	Main confederations and individual unions have no explicit internal mainstreaming policy; problem of under-representation is acknowledged; positive action not mentioned; in female-dominated unions the chair is a women; training not mentioned	In external policies equal opportunity issues dominant (pay gap and other forms of discrimination); employability and adaptability not addressed
UK	Since 1990s, main TUC confederation and some unions have internal equal opportunities policies, which include reserving seats for women and proportional representation (positive action implied); range of training is offered to officials and members	TUC and unions support gender mainstreaming, and external policy initiatives mainly focus on women’s equality (notably equal pay); employability and adaptability not addressed

Source: EIRO.

Employers’ organisation policies and infrastructure

To gain insight into the potential for gender mainstreaming of employers’ organisations, this section looks at their infrastructure to stimulate and support equality bargaining, their internal mainstreaming policies and the external policies to promote gender mainstreaming, focusing on the largest central organisations. On the whole, employers’ organisations have a far less developed infrastructure in this area than the trade union centres, and have shown less interest in gender mainstreaming in their internal policies. Taking into consideration their external policies, however, the vast majority of employer confederations show their commitment to equal opportunity policies, as part of their own policy and/or implied in collective agreements.

Employers’ organisation infrastructure

Looking at the infrastructure of the main employers’ organisations to stimulate and support collective bargaining, it is clear that this structure is much less developed than among the union confederations. The Scandinavian countries, Spain and the Netherlands are exceptions in this respect. In the Dutch central employers’ organisation, the Confederation of Netherlands Industries and Employers (Vereniging van Nederlandse Ondernemingen-Nederlands Christelijk Werkgeversverbond, VNO-NCW), there is an equality officer who can push forward equality issues in collective bargaining. An equality officer at the Norwegian Confederation of Norwegian Business and Industry (Næringslivets Hovedorganisasjon, NHO) pays special attention to increasing the number of women in management positions. Equality manuals or guidelines for employer-side negotiators are rare, but can be found in the main Swedish and Spanish employers’ confederations. In Spain, a department of the Spanish Confederation of Employers’ Organisations (Confederación Española de Organizaciones Empresariales, CEOE) provides guidance on equality in collective bargaining. Scanning instruments for gender-proofing collective agreements are found nowhere, though in Finland employers have proposed developing gender impact assessments of collective bargaining results at sector level.

Internal gender mainstreaming policies

Internal gender mainstreaming policies in employers’ organisations are almost non-existent - see table 3 below. In terms of awareness training and gender balance in representation within employers’ organisation, only a few activities can be noted. In Spain, the relevant department at CEOE offers the possibility of equality-awareness training for negotiators. In other countries, training seems to be absent. Positive action is either an explicitly rejected policy tool or has not been considered in almost all cases. Women’s participation in the bargaining process or positive action to ensure the proper representation of women in employers’ organisation is not apparently an issue in any of the countries examined except Austria. The women’s organisation of the Chamber of the Economy (Wirtschaftskammer Österreich, WKÖ), representing the special interests of female entrepreneurs, has recently challenged WKÖ’s structure, demanding a significant increase from the present 10% female representation in WKÖ bodies.

External gender mainstreaming policies

The external policies of employers’ organisations mainly address equal opportunities policies. Nearly all employers’ confederations in the countries considered are involved in equality projects and equal opportunity agreements. In France (FR0404104F) and Spain (ES0410204F), intersectoral collective agreements have been recently concluded that include equal opportunities provisions. Greek employers reportedly intend to conclude agreements that include equal opportunities at national, sectoral and company level. The main employers’ organisations in Germany, Ireland and Sweden have adopted (at least partial) equal opportunity policies, usually presenting them as voluntary options for their members. In Sweden, programmes to promote equal opportunities in collective bargaining have been established by the main employers’ organisations, while the Irish Business and Employers Confederation (IBEC) promotes support for childcare and family-friendly provisions in order to lower barriers to female labour participation during the child-rearing years. The Confederation of German Employers’ Associations (Bundesvereinigung der Deutschen Arbeitgeberverbände, BDA), has opted for a 'gender-aware' human resources policy to promote the combination of family and work.

Good practice in Italy In Italy, no external gender mainstreaming policy can be discerned in general among employers’ organisations. However, two 'innovative' employers’ initiatives are reported. The Italian Confederation of Small and Medium-sized Enterprises (Confederazione italiana della piccola e media industria, Confapi) agreed in 2003 with the province of Milan to organise projects aimed at reconciling the working and private lives of both male and female workers in small and medium-sized enterprises in the province. Lega Cooperative (Legacoop), one of the main associations of cooperatives, has encouraged female employment and the participation of women in the running of cooperatives. This policy has reportedly achieved excellent results in the service sector, where productivity levels have been maintained, operating costs have decreased, and female presence at management level has increased. Legacoop’s intention is to help women reconcile work and family responsibilities by encouraging the spread of good practices and more flexible working time schedules.

The main employers’ confederations in Belgium, Denmark, Germany, the UK and Norway have chosen to promote the recruitment of more women in management positions and onto company boards. Norway’s NHO launched a 'female future' project in 2003. This comprehensive project includes a database with potential candidates, recruitment guidelines for member companies, a mentoring programme and training. One reason for the campaign is the perception that having more women in such senior positions constitutes 'good business', using their previously underused talent and qualifications. Another factor is that in autumn 2003, parliament approved new legislation imposing a 40% quota of female board members in both public and private limited companies. The new rules will be made applicable to private companies only if this quota is not achieved voluntarily by 2005 (NO0203104F).

By introducing awards for the best performing companies, employers’ organisations may express their commitment to gender mainstreaming or equal opportunity policies. This is the case in Slovakia, Germany and the Netherlands. Since 2001 there has been an annual competition in Slovakia with one award for the most 'family-friendly employer', one for the company with the best policies on equal opportunities and one for the company with the most original measure aimed at the family. The competition, set up by the government and employers, seeks to serve equality purposes by: motivating employers to implement family-friendly measures; stimulating the implementation of new forms of company culture; and implementing the European employment strategy. Of 150 employers that showed an interest in the 2003 competition, 25 participated. The publicity and awards are seen as increasing the prestige of the companies concerned. Germany’s BDA has made awards to innovative companies in the field of equality management since 1994. BDA’s policy, directed at the compatibility of family and career, aims to achieve equal opportunities for women. Emphasis is laid on increasing the number of women in management and leadership positions, tapping into previously underused talent. Childcare and flexible working time models are seen as appropriate policy measures in this context. In 2003, 14 companies and organisations were commended for their human resources policies geared towards equal opportunities.

Awards issued by employers’ organisations are more often directed at diversity management than specifically at gender issues. For example, in the Netherlands, the main organisation, VNO-NCW, makes an annual award for diversity at the top of companies (Delta Lloyd and Shell were the winners in 2002 and 2003). In their external policies, employers’ organisations in Belgium, Finland, the Netherlands, Norway and the UK appear to give priority to the idea of diversity rather than gender.

Employers’ organisations, employability and adaptability

Employers’ organisations in 15 of the countries examined (the exceptions are Belgium, Poland and Slovakia) have developed or taken part in policies that cover aspects of both employability and adaptability. Some organisations are explicit about such policies, in that they: promote childcare and family-friendly provisions; make awards to women- or family-friendly employers; develop policies aimed at equal opportunities; and sign collective agreements that explicitly address adaptability and employability issues (as in France, Spain and Greece - see below). Other employers’ organisations are more implicit, with adaptability and employability implied in policies directed at, for example, gender-aware human resources policy, recruiting more female managers, and raising the proportion of female entrepreneurs. While employers’ organisations have not (with the exception of Norway) developed gender mainstreaming policies, their involvement in mainstreaming policy issues under the heading of employability and adaptability is widespread. In most countries, a link with the employability and adaptability dimensions of the EES is not made explicitly, but is implicit in the policies followed. Ireland, Greece and Spain are exceptions, in that the EES policy pillars are explicitly addressed. In Ireland, the social partners (and government) are well aware of the concepts and share common ground in terms of both employability and adaptability issues, for example on improving access to childcare and training.

Table 3. Internal and external mainstreaming policies of main employers’ organisations

Country	Internal mainstreaming policies, positive action within the organisation, equality-awareness training	External mainstreaming policies, employability and adaptability
Austria	No policies; no measures	No policies
Belgium	No policies; no measures; UNIZO, the Flemish-speaking self-employed organisation, recognises problem of under-representation	Policies in some organisations directed at diversity; some organisations participate in project to raise proportion of female entrepreneurs; employability and adaptability may be implied
Denmark	No policies; no measures; positive action rejected; in some organisations, a gender-balanced staff is considered favourable	Main confederation and member associations highlight increasing number of female managers; employability and adaptability acknowledged
Finland	No policies; no measures; positive action rejected	Main confederation stresses diversity policies rather than gender mainstreaming; cooperation among organisations on gender issues: confederation and municipal sector association focus on gender-neutral job evaluation and wage systems; employability and adaptability not referred to
France	Not known	No explicit policies; all main organisations signed recent intersectoral agreement on gender equality; employability and adaptability implied
Germany	Positive action by main BDA confederation through possibilities of flexible working time, telework and continuous contact during parental leave	Main confederation in favour of voluntary regulations; gender-aware personnel policy, directed at compatibility of family and work, is recommended to members; employability and adaptability implied
Greece	Generally no policies or measures	Main confederation cooperates to achieve gender equality at national level and in collective agreements at sector and company level; employability and adaptability acknowledged
Hungary	No policies; no measures	Policy initiatives directed at some specific issues - calls for government to facilitate part-time work, support for family-friendly workplaces; employability and adaptability implied
Italy	Generally no; as exception, Legacoop promotes positive action	In general no initiatives; exceptions are policies of Legacoop and Confapi to reconcile work and private life; employability and adaptability implied
Ireland	Main confederation against quotas and probably against positive action; no training	No external mainstreaming policy; main policy issue is elimination of barriers to female participation during child-rearing years through childcare and family-friendly provisions; employability and adaptability implied
Netherlands	Main organisation has no policy; members decide on representation issue; no training	No external mainstreaming policy; diversity prioritised above gender (annual diversity award); employability and adaptability implied
Norway	Main confederation has no internal policy; no positive action; no training	Main confederation opts for 'multitude' or diversity concept, rather than focusing only on gender; a project stimulates companies to recruit more women in management positions; employability and adaptability may be implied
Poland	No policies or initiatives; no positive action; no training	Cooperation agreement between Polish Confederation of Private Employers (PKPP) and State Labour Inspection includes focus on addressing infringements of gender equality law; employability and adaptability not mentioned
Slovakia	No policies; no measures	One main organisation runs national competition for family-friendly employers; adaptability implied
Slovenia	No policy; no measures	Legislative framework seen as sufficient; individual employers and some organisations support equal opportunities; managers’ association, with women’s section, presents awards for the most 'women-friendly company' since 1991 and, since 2003, for the company most friendly to female managers; employability and adaptability may be implied
Spain	Main confederation no policies; positive action not mentioned; training and guidance in equality bargaining	External gender mainstreaming policy expressed in intersectoral agreements, calls for government to supply more funding for education, training and care services; employability and adaptability may be implied
Sweden	Main organisations no specific policies; positive action not mentioned; awareness training for negotiators implied	Main organisations have established programmes to promote equal opportunities in collective bargaining; employability and adaptability may be implied
UK	Main organisations no policy; under-representation of women probably acknowledged; no training	Main organisations no policy; compliance with equality legislation seen as sufficient; in public sector some organisations more proactive; main CBI organisation stresses need to engage with equality as a mainstream business issue (individual employers should decide on best approach); 'opportunity now' initiative, recognising value of diversity, encourages good practice among member organisations; employability and adaptability may be implied

Source: EIRO.

Mainstreaming gender in collective bargaining

This section examines the mainstreaming of gender issues in collective bargaining. Because quantitative data on collective agreements at sector and company level containing equal opportunity provisions are not available for most countries, this section is confined for the most part to qualitative information. Furthermore, we assess how equality is being mainstreamed in collective agreements with respect to employability and adaptability, two of the four 'old' pillars of the EES (the third pillar, entrepreneurship, is not subject to collective bargaining, while the fourth pillar addresses equal opportunities specifically).

According to the employment guidelines that make concrete the EES, training and education are crucial for improving employability. Mainstreaming gender into employability means taking account of the specific situations of both women and men in designing training schemes. To promote training for employees with care responsibilities, special provisions must be created, such as childcare facilities for women and men while in training, paid educational leave or schemes combining training and work. The concept of adaptability in the employment guidelines focuses on the objective of modernising work organisation by introducing flexible working arrangements - such as the reduction of working time, the development of part-time work, lifelong training and career breaks - and including different contractual forms, all in the interests of creating a balance between flexibility and security. Including a gender perspective in the adaptability pillar means the creation of good-quality flexible jobs at all levels of the organisation and the protection of flexible workers by 'equality agreements' instead of their exclusion from collective bargaining. In so doing, the 'security' aspect of adaptability is guaranteed alongside the promotion of flexibility. By taking account of the specific situation of both men and women in designing training schemes (employability) and modernising work organisation (adaptability), one may expect the reconciliation of work and family life to be covered too. The reconciliation of work and family life is often dealt with as a separate category, but in a mainstreaming strategy, the policies implied in such reconciliation should ideally be integrated into the concepts of employability and adaptability (TN0005402S).

Because quantitative data on collective agreements that include gender mainstreaming provisions is not available for most of the countries included in this study, except - to some extent - the Netherlands, we do not present representative information on the coverage of this issue in agreements. The information provided is of a qualitative nature and provides insight into:

• the level of negotiation at which gender is being mainstreamed in collective agreements (including its relationship with legislation) and an indication of the frequency with which this takes place; and
• the kind of provisions that are included in collective agreements, within the context of employability and adaptability, as well as in other contexts.

Joint infrastructure - bipartite or tripartite equality bodies Joint employer-union bodies specifically addressing the issue of equal opportunities are rare. In Sweden, as a result of the 2004 bargaining round (SE0403103F), joint working groups will be created at sector level to survey and analyse wage differences between men and women in engineering, the steel and metal sector, the mining sector, and the chemical sectors. In the food and construction industries, a cooperation body named Arena will deal with the issue of equal opportunities, amongst other matters. Belgium’s sectoral joint committees discuss gender equality issues and are used as a channel by the public Institute for Equality between Men and Women (Institut pour l’égalité des femmes et des hommes/Instituut van de Gelijkheid van Vrouwen en Mannen) in its efforts to sensitise the social partners to the issue of gender. Finland has some sector-level equality bodies, which for example organise joint seminars annually. In addition to bipartite bodies, tripartite bodies exist in some countries. They are usually initiated by the government to serve as advisory and consultative bodies for its policy and legislation (as in Belgium, Finland, Greece, Hungary and the UK), rather than to promote and monitor equal opportunity provisions in collective agreements . Bipartite or tripartite bodies of a more general character may also deal with equal opportunities in collective bargaining. Norway has tripartite committees that provide statistics on gender with respect to wage differentials and increases. In the Netherlands, the bipartite Labour Foundation (Stichting van de Arbeid, STAR) regularly discusses equality issues, both as a special subject as well as in a mainstreaming context. In Greece, the tripartite Social and Economic Council advises government and the social partners on promoting the principles of equal treatment and anti-discrimination, and encourages dialogue with representative organisations. Spain’s tripartite Social and Economic Council (Consejo Económico y Social, CES) recently dealt with the implementation of equality provisions in collective agreements (ES0410204F). Italy has 'equal opportunity advisors', as installed by law 125/1991 on affirmative action for the active achievement of equal treatment between men and women (IT0104281F). These advisors are entitled to sit on tripartite labour market consultation bodies at both regional and provincial level.

Level and frequency

Equality issues are most commonly mainstreamed in collective agreements at national multi-sector level - see table 4 below. Eleven countries examined have some form of national agreement that includes equality issues. These national agreements can differ in terms of applicability - ie covering all sectors or just, for example, the private sector (eg in Belgium or Greece) - and content - ie they may be broader agreements including equality issues (eg Spain) or specific equality agreements (eg France), or may cover many equality issues or just one. The nature of equality agreements at national multi-sector level is usual to set out aims, which are to be further elaborated at sector or company level. National agreements can also consist of recommendations for lower bargaining levels, allowing those levels with to decide whether to follow the national agreement. Some countries have recent national agreements on equality issues while others date back some years, having been amended or renewed (sometimes more than once) in a number of cases. Some national agreements with equality implications were concluded on a tripartite basis (eg Finland, Ireland and Slovenia).

Less gender mainstreaming is reported at lower levels of negotiation. Some form of integration of gender issues into collective agreements appears to occur, to varying extents, at sector level in 11 countries (Austria, Finland, France, Germany, Hungary, Italy, the Netherlands, Norway, Slovakia, Spain and Sweden) and at company level in 10 countries (Austria, France, Germany, Hungary, Ireland, Italy, the Netherlands, Slovakia, Spain and the UK). Although quantitative data are not available, it seems that the frequency of gender mainstreaming is generally quite low in sectoral company bargaining. In some Nordic countries, the absence of many substantive agreements containing equality provisions can largely be explained by the role of legislation, which is the main instrument used to regulate equal opportunities in the labour market. In Hungary, the decentralised nature of collective bargaining and the weakness of trade unions may provide an explanation for the low frequency and limited scope of equality measures in collective agreements.

Works councils

As the company or workplace level is often seen as an appropriate level for dealing with equality issues and gender mainstreaming processes, whether and how works councils or similar employee representation bodies (which exist in most countries considered) approach these issues is an important issue.

The evidence on this point is limited. Denmark report that mainstreaming is a potential issue for works councils. The relevant Finnish legislation includes among the issues to be covered by cooperation procedures with works council-type bodies measures to promote equality between men and women to be included in staff and training plans, and the arrangement of childcare facilities. The relevant workplace bodies have statutory information and consultation rights relating to affirmative action for gender equality. The issue has a low priority in the Netherlands. In Belgium, all private sector companies are obliged to draw up an annual report on gender equality, which must be presented to the works council or, where there is no council, to trade union representatives.. However, only 10% of enterprises reportedly meet this obligation, and then often under pressure from union delegates. Companies in financial difficulties that want to obtain the special official status of a 'company under restructuring' are obliged to draw up a positive action plan, although there are questions about the practical impact. French legislation 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.

In Germany, one of the government’s goals in a 2001 reform of the works councils legislation (DE0107234F) was to promote equal opportunities for men and women at company level. Alongside provisions geared towards improving the representation of women on works councils, the reform made the equal treatment of women at company level an objective for works councils and designated the reconciliation of work and family life as a key area for works council involvement. A study conducted in 2003 found that German works councils still have a long way to go: only 8% of all companies had agreements on family-friendly policies (though this figure possibly underestimates the total number of agreements in all firms - DE0402106F). However, when gender issues are tackled within the company, works councils often play an active role (DE0407204F).

Gender mainstreaming provisions

Equal opportunity provisions in collective agreements at multi-sectoral, sectoral and company levels overlap quite significantly with the subject of reconciling work and family responsibilities.

Finland, Germany, Slovenia and the UK report agreements (at various levels) addressing generally the combination of work and private life. Measures to implement this policy include childcare facilities and care leave, and these are dealt with in agreements in Belgium, Ireland, Greece, the Netherlands, Slovakia and Spain. Agreements in Finland seek to promote the equal use of care leave by men and women. Further instruments to implement a policy directed at combining work and care responsibilities include flexible working measures, which form part of agreements in Hungary, Italy, the Netherlands, Spain and the UK. Equality-related provisions on training are reported from Belgium, Greece, Ireland, Italy and the Netherlands. Agreements on implementing equality plans (Finland) and achieving equality at the workplace (France) usually involve measures on a range of employment conditions - pay, promotion, recruitment and training - and arrangements that help to combine work with care. Sexual harassment is addressed in Finland, Greece, the Netherlands and Spain. Positive action is included in Italian and Spanish agreements. Equal opportunities or equal treatment are addressed in Italian, Greek and Spanish agreements, which may imply a range of different policy measures. Gender aspects of pay, the minimum wage or the wage gap are included in some agreements in Denmark, Finland, France, Greece, Italy, the Netherlands, Norway, Sweden and the UK. Involuntary part-time work, segregation of the labour market or neutral job qualifications are addressed in agreements in Austria, the Netherlands, Norway, Spain and Sweden.

These gender issues explicitly address equal opportunity policies, and are mainstreamed in collective agreements. With regard to content, the commitment to gender mainstreaming policies is implicit, but as mentioned above, there is a large overlap with arrangements for reconciling work with care responsibilities. This type of policy is found in agreements in 14 of the 18 countries examined. Because these arrangements question the 'male norm', the commitment to gender mainstreaming policies is arguably evident.

Gender mainstreaming, employability and adaptability

With regard to whether equality is being mainstreamed in collective agreements under the employability and adaptability 'pillars' of the 'old' EES, it appears that where this occurs it is implicit. It is the fourth pillar - equal opportunities - that is addressed explicitly. However, the majority of the provisions in collective agreements highlighted above (under 'Gender mainstreaming provisions') address issues covered by the pillars of employability and adaptability from the perspective of gender - ie facilities for employees with care responsibilities to re-enter the labour market and/or follow training, and flexible working (time) arrangements for combining work and family life. The issue of employability is raised in collective agreements in 10 countries and the issue of adaptability in 14 countries. Employability provisions cover one core issue: improving access to (vocational) training. The adaptability provisions cover more issues, but these are part of a single policy. Childcare, part-time work and (the flexibility of) leave arrangements are all part of a policy directed at the reconciliation of work and care responsibilities (see table 4 below). Although no quantitative data are available on the number and coverage of the agreements, we may in qualitative terms conclude that this implies that gender has begun to be mainstreamed under these two pillars of the EES.

Intersectoral agreements recently concluded in France and Spain provide clear examples of adaptability and employability measures from a gender perspective.

• A national intersectoral agreement on gender equality and gender balance in workforce composition was signed in April 2004 by France’s main employers’ organisations and trade union confederations (FR0404104F). The accord aims to provide a framework for sector- and company-level bargaining. It covers matters such as narrowing the gender pay gap, preventing maternity leave from adversely affecting women’s careers and addressing labour market segregation. Among other issues, it seeks to reconcile work and motherhood through measures directed at the adaptability and employability of recent mothers to keep them in touch with the labour market. Their employer is obliged to stay in contact, and before and after the leave the women concerned should be interviewed to keep them in touch with the company. A number of recent company and sector-level agreements have dealt with similar issues
• Spain’s main trade union confederations and employers’ confederations concluded an intersectoral 'agreement on collective bargaining' providing a framework for lower-level bargaining in 2002 (ES0201207F). Among other issues, this accord recognised, for the first time in Spain, the promotion of equal opportunities between women and men as a central issue in collective bargaining. The follow-up 2003 agreement (ES0302204F) contained a specific chapter on equal opportunities containing more concrete guidelines. In this chapter, the main problems for women in the labour market are identified as high levels of segregation by gender, their higher incidence of temporary employment, and a lack of accessible and good-quality care facilities for children and other dependants. A set of principles has been established by the agreement to begin correcting inequalities between men and women at work. Furthermore, specific clauses in various collective agreements have been highlighted as examples of good practice to be used by negotiators (ES0312102F). It is reported that despite the consensus reached in the intersectoral agreement on measures to be taken, many problems are still encountered in their application in collective bargaining at sector and company level. The tripartite Social and Economic Council has assessed the impact of these agreements - that is, collective bargaining as an instrument for promoting gender equality at work. It concluded that the most frequent improvements on current legislation in collective agreements are those relating to the reconciliation of work and family life (ES0410204F). One could argue that the improvements mainly fall under the EES adaptability pillar.

Disagreement

The existence of gender-mainstreamed collective agreements indicate consensus among the social partners. However, there is also disagreement between the parties. The gender wage gap is most frequently mentioned as a source of such agreement, as in Denmark, Germany, Norway, Poland and Spain. Although the social partners agree on the existence of the wage gap and acknowledge that they as collective bargaining parties have a responsibility, trade unions and employers’ organisations often disagree on the strategy to be followed: compulsory, collective regulations or individual arrangements. Regarding strategies to tackle the wage gap, there is again frequent controversy between the social partners: while employers believe that legislation and regulation is counterproductive, involving 'red tape' and restricting economic activity (as in the UK, for example), unions believe more in employers following rules than in employers delivering tailor-made solutions at company level.

Conclusion

In conclusion, this section indicates that the national multi-sectoral level is (in countries where it exists) dominant in collective agreements on gender issues, although agreements are not uncommon at sector and company level. Furthermore, depending on the legislative context, the importance of the collective agreements may differ considerably. Because representative data on the number of company and sectoral agreements including gender issues is unavailable, we can only draw conclusions in qualitative terms. The provisions agreed upon address equal opportunity policies explicitly, and show a large overlap with the subject of reconciling work and family responsibilities. Because the 'male norm' is questioned in these policies, a commitment to gender mainstreaming policies is evident. Many equal opportunity issues covered in bargaining address the adaptability and employability of employees. In 10 countries, the issue of access to training is raised in collective agreements from a gender perspective, while the issue of adaptability is addressed from a gender perspective in 14 countries. Although we are not aware of the scope of the agreements, we may in qualitative terms conclude that this implies that gender has begun to be mainstreamed under these two EES pillars.

Table 4. Inclusion of gender issues in collective agreements

Country	Frequency and level of agreements	Employability provisions	Adaptability provisions	Other provisions
Austria	Very few sectoral agreements - notable example in social and health services (AT0312202F). Rare works agreements at company level	No known cases	Social and health services sector agreement: extended framework rules on working time, flexibility and pay supplement for overtime by part-time workers	Social and health services sector agreement: clear-cut, uniform pay scheme based on skills and vocational experience, aimed at preventing unjustified pay differentiation
Belgium	Intersectoral agreements (applying only to private sector) have dealt with relevant issues since 1988 (BE0101337F)	Intersectoral agreement: training leave	Intersectoral agreement: time credits, shorter careers and shorter working hours	-
Denmark	1986 cooperation agreement between the LO trade union confederation and DA employers’ confederation (covering 85% of private sector) covers gender equality and, since 1999, equal treatment. Few lower-level agreements, with gender equality basically regulated by legislation	No known cases (vocational training schemes run on tripartite basis at sector level include provisions on women re-entering work and employees with care tasks)	DA-LO cooperation agreement: flexible working time, reconciliation of work and family life, and avoidance of sexual harassment	DA-LO agreement introduced equal pay principle in 1973
Finland	Intersectoral incomes policy agreements have included some relevant provisions (eg an equality pay increment in 2003-4 - FI0211102F). Gender equality basically regulated by legislation - additional provisions in some sectoral collective agreements	No known cases	Intersectoral incomes policy agreements: various provisions on reconciliation of work and family life	Intersectoral and company level: information campaigns on prevention of sexual harassment. Some sectoral agreements: implementing and monitoring equality plans improving gender wage equality; gender impact assessment of bargaining results
France	2001 equality law (the Génisson law) introduced obligation to include occupational equality issues in collective bargaining at sector and company level. 155 sectoral agreements signed at all levels (national, regional and départemental) over1990-2004, out of a total of more than 12,000. All central social partners signed an intersectoral framework agreement on gender equality in 2004	Intersectoral framework gender equality agreement: training; recruitment and careers	Intersectoral framework gender equality agreement: reconciliation of work and motherhood by maintaining link with work during maternity leave and interviews before and after maternity leave	Intersectoral framework gender equality agreement: seeks to improve gender wage equality
Germany	Some sectoral agreements deal with gender equality issues - actively measures frequently formulated in terms of of general principles and aims, with recommendations for company-level action. Company-level agreements exist but are relatively rare	Some sectoral agreements: general provisions on women’s training.	Some sectoral agreements: general provisions on reconciliation of work and family life (through parental leave and part-time work)	-
Greece	National intersectoral agreements (covering private sector) have addressed gender issues since 1993	National intersectoral agreements: relevant education and vocational training issues	National intersectoral agreements: family responsibilities and leave provisions	National intersectoral agreements: equal treatment in employment; pay; heath and safety; sexual harassment
Hungary	Using a broad definition, 42% of sectoral and company agreements surveyed in 2003 included equality issues. However, provisions are often not far-reaching or very influential	No known cases	Some sectoral and company agreements: childcare and flexible work arrangements	Some sectoral and company agreements: limitations on overtime, bans on employment of women in certain occupations and times; health and safety
Ireland	National intersectoral partnership agreements contain various provisions relating to gender equality and gender mainstreaming. Few company agreements	Intersectoral agreement: improving access to training (framework)	Intersectoral agreement: improving access to childcare (framework)	Intersectoral agreement: information dissemination and awareness-raising; support for positive action
Italy	A number of intersectoral agreements have covered various equal opportunities issues. Main sectoral agreements deal with equality matters, as do various company-level agreements (bargaining at this level has been most innovative in terms of taking a gender-differentiated approach)	Sectoral agreements: relevant vocational training issues (eg in metalworking, textiles, commerce, banking)	Sectoral agreements: maternity and parental leave (including flexibility and post-return part-time work and training). Company agreements: reconciliation of work and family life (eg working time flexibility, telework, company services, allowances and benefits, career support)	Sectoral agreements: statements of principle; equality bodies; combating sexual harassment. Company agreements: affirmative action in male areas
Netherlands	National intersectoral agreements on equal opportunities since 1990, including recommendations for sector and company agreements, which deal with some equality issues	Agreements at various levels: improving access to training	Agreements at various levels: childcare and care leave	Agreements at various levels: job segregation; wage gap; sexual harassment; under-representation of women in management
Norway	Central agreements (recommendations) to promote gender equality since 1981. Some equality issue dealt with in many lower-level agreements	Not generally covered by agreements. Social partners involved in government 'competence reform', directed at employability (NO9901113N)	Social partners involved in government programme directed at an 'inclusive work-life' (NO0311104F)	Agreements at various levels (in rather general terms): wage gap; involuntary part-time work; gender-divided labour market; low proportion of women in management.
Poland	Collective bargaining does not deal significantly with gender equality issues	No known cases	No known cases	-
Slovakia	Some sectoral and company agreements deal with gender equality issues	One sectoral agreement: provisions to improve employees’ employability	Some sectoral and company agreements: flexible forms of working time consider specific situation of employees with children; paid care leave and childcare	Some sectoral and company agreements: protection of vulnerable groups, such as single parents caring for small children, in collective redundancies
Slovenia	National tripartite social agreement 2003-5 (SI0307101F) includes programme for combining private and professional life. Collective bargaining proper does not yet pay specific attention to equal opportunities or mainstream equality	No known cases	No known cases. Tripartite social agreement commits social partners to support reconciliation of work and family obligations	-
Spain	Intersectoral agreement laying down guidelines for lower-level bargaining (signed in 2002, renewed in 2003 and 2004) promotes inclusion of gender equality issues. Small but growing number of sector and company agreements contain relevant provisions	Intersectoral framework agreement: promotion and training	Intersectoral framework agreement: flexible working time to reconcile production requirements with private needs. Some agreements at sector and company level: reconciliation of work and family life	Intersectoral framework agreement: correct application of equal treatment principle; adoption of anti-discriminatory clauses; equal pay etc. Some agreements at sector and company level positive action; where women are under-represented: studies on gender-neutral job classification; combating sexual harassment; joint bodies
Sweden	Sectoral agreements deal with gender equality issues, often in rather general terms, but equality basically regulated by legislation	No known cases	No known cases	Sectoral agreements: equal pay
UK	Difficult to assess due to decentralised nature of collective bargaining. Joint regulation of equality issues is not widespread. Central social partner organisations participate in tripartite committees and taskforces on issues such as minimum wage and flexible working	Unknown	Company agreements: work-life balance; flexible types of working	Company agreements: gender pay gap; health and safety; pensions

Source: EIRO.

Government policy and regulation

This section examines the formal national context in which the social partners operate - research has demonstrated the importance of government policies and regulation (including the availability of expertise, information and instruments) for the social partners to embark on dealing with equality issues in collective bargaining.

National equality legislation and regulation

In many cases, a legal framework favourable to equality measures appears to have been necessary, if far from sufficient, to get the social partners to address equality issues in bargaining (see Illuminating the process: equal opportunities and collective bargaining in the European Union (Phase IV), Linda Dickens, European Foundation for the Improvement of Living and Working Conditions, 1998). The pursuit of equal opportunities has been found to be especially aided by:

• the enactment of positive measures to promote equality;
• the requirement of specific action by the social partners; and
• the monitoring of results, as well as effective sanctions.

We thus examine below whether such provisions exist in the countries examined and make a short inventory of their content (without addressing the empirical question of whether the national regulatory framework on equality has actually helped to raise the gender issue in collective bargaining) - see table 5 below for a summary.

Of the 18 countries considered, only Hungary, Slovakia and Spain do not have any form of positive measures to promote equality included in their equality legislation. The extent to which positive measures are included in equality law varies in terms of the number of different measures, but also regarding the question of whether they are obligatory (and under what conditions) or a matter of free choice for the employer. Further, positive measures can differ in terms of their scope. Some countries restrict them to the public sector (such as Austria, Denmark and Germany), whereas others include the private sector as well (such as France, Ireland, Italy, the Netherlands, Norway, Slovenia, Sweden and the UK). Some countries have different rules for the two sectors (Belgium, Finland and Greece). Germany seems to be a special case in this respect, because government plans for binding legislation on positive equality measures in the private sector have been put on hold by a government-employer agreement on equal opportunities. In this deal, reached in 2001, employers’ associations declared their intention to develop and implement their own measures to promote equal opportunities and family-friendly employment conditions (DE0107231F).

Whereas most countries have enacted positive measures to promote equality, this is less often - and usually to a much lesser extent - the case concerning measures requiring specific action by social partners, or even measures empowering or allowing them to take such action. Of the 18 countries, 13 (Austria, France, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Slovakia, Slovenia, Sweden and the UK) have measures of this kind. However, these in most cases empower the social partner to take action or even only allow action by the social partners, rather than requiring it. The most significant exception in this respect is France, which explicitly requires action on the part of the social partners under the 2001 'Génisson law' on occupational gender equality - see box below.

France’s obligation on social partners to conduct equality bargaining 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. It imposes a specific obligation to negotiate on occupational gender equality at company and sector levels every three years. It also introduces the principle of 'transversal' bargaining, so that the issue of occupational gender equality should not be confined to a few particular points on the bargaining agenda, but serve as one of the parameters for analysing the other compulsory issues for negotiation. The law also amends the Labour Code so as to oblige 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). 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. Since the Génisson law took effect, the obligation to negotiate has led sector-level negotiators to include the principle of occupational gender equality, but the volume of agreements reached is still quite low. The methods for implementing bargaining on occupational gender equality are not always left to the individual employer’s interpretation but, in some cases, are set out by sector-level negotiators. In those sectoral agreements that have been signed, the principle of occupational gender equality has been introduced either across the board or under various headings such as pay, training etc. Occupational gender equality is now a recurrent topic for sectoral bargaining. Overall, 155 agreements on the issue of occupational gender equality have been signed since 1990 in 125 sectors at all levels (ie national, regional and départemental), of which 118 are national, out of a total of more than 12,000 agreements.

Monitoring and sanctioning of equality measures, as far as this area is regulated, usually take place at the level of the individual company in the form of obligatory periodical reports to be presented to the employees, the works council etc or, in the case of the public sector to the relevant minister. Denmark, France, Italy, and Sweden have measures of this kind, while in Norway the relevant reporting is through companies’ annual reports, which are randomly monitored by the Gender Equality Ombudsman. Monitoring and sanctioning of the results of collective bargaining are hardly ever provided for in equality legislation and regulation. Sweden seems to be the exception here, with monitoring tasks for the Equal Opportunities Ombudsman (JämO), which, among other tasks, carries out surveys on how employers in different sectors are meeting the goals set in legislation. However, sanctions (in the form of fines) applied at individual employer level also exist in Sweden.

Table 5. Presence of measures in equality legislation perceived as helpful for the pursuit of equal opportunities in collective bargaining

Country	Positive measures	Requirement of action by social partners/empowerment of partners to act	Monitoring and sanctions
Austria	General obligation for all authorities to eliminate gender inequalities. Public sector - general requirement for positive action and detailed provisions for preferential hiring and treatment of women, quotas	Obligation for employers to consult with works council on positive action and ways of reconciling childcare responsibilities with employment	No
Belgium	Measures covering positive action in various royal decrees for private and public sector	No	No
Denmark	Positive measures required only in the public sector	Collective agreements must meet the requirements of the law	At different levels (municipalities, councils, ministries, state institutions, state-owned companies) authorities are obliged to produce annual or biannual report on equality work
Finland	Public authorities should promote equality. Gender quota (40%) for government committees, advisory boards and other such bodies (except municipal councils) and for boards or bodies of agencies consisting of appointed representatives (equitable portion). Employers with more than 30 employees should include measures aimed at equality in annual personnel and training plan or action plan for labour protection	No	Ombudsman for Equality works as an independent authority monitoring compliance with the Act on Equality between Women and Men
France	Quota for public competitive examination and job interview panels	Obligation for social partners to negotiate on occupational gender equality at company and sector level every three years. Aim is the integration of the concept of occupational gender equality in all negotiations	Reporting obligations for larger companies (>50 employees) concerning comparative situation of men and women. Indicators for assessment of situation of men and women in civil service
Germany	General obligation for government to promote equal opportunity at all levels of its administrative, legislative and social structure. Specific measures in public sector: department-specific equality plans; preferential treatment (quotas) for women in areas where under-represented; and gender mainstreaming initiatives. Legislation in private sector prevented by government-employers’ agreement in 2001	No, but social partners bargain 'in the shadow of the law', as if they do not include equality issues, government will enact legislation	No
Greece	General obligation for the state to ensure that inequalities that are detrimental to women are abolished. Gender quota (one-third) for administrative boards, executive councils and collective bodies in public sector. Positive measures are allowed (do not constitute gender discrimination)	The Social and Economic Council (OKE) addresses proposals to government and social partners on promotion of the principles of equal treatment and anti-discrimination measures, and encourages dialogue	No
Hungary	No	Social partners must be consulted on government’s National Equality Programme	No
Ireland	Positive action (greater access to training, mentoring or other forms of ongoing support) allowed	All employment contracts should include equality and equal remuneration clauses	The Equality Authority (public enforcement body) promotes and monitors equality and tackles discrimination
Italy	Law on affirmative action seeks the achievement of equal treatment between men and women. This law introduced 'equal opportunity advisors', who may devise active measures to promote equal opportunities and organise affirmative action schemes	Equal opportunity advisors are entitled to sit on tripartite labour market consultation bodies at regional and provincial level. Financial incentives for affirmative action in firms. Affirmative action schemes promoted jointly by the social partners have priority access to funding	Obligation for companies to draw up a biannual report on situation of male and female personnel, to be sent to trade union representatives and regional Equality Advisor. In serious cases of non-fulfilment, exclusion from relief on social security contributions. Equality Advisors may monitor behaviour of companies
Netherlands	Positive discrimination in favour of women allowed, aimed at neutralising or reducing existing inequalities, provided it is proportionate	Ministry should inform relevant works council and social partners if discriminatory practices are found by the authorities. Works councils and unions may bring a complaint before the Equal Treatment Committee (Commissie Gelijke Behandeling)	No
Norway	Preferential treatment of women allowed with regard to hiring if a workplace is strongly dominated by men. Gender quota (40%) on publicly-owned company boards - may be extended to private sector if voluntary efforts inadequate	Legislation places general duty on employers to make active, targeted and systematic efforts to promote gender equality within their enterprise. Employee and employer organisations have a corresponding duty to make such efforts in their spheres of activity	Obligation for companies to include gender equality situation and measures in annual report. Tripartite committees provide statistics on gender with respect to wage differences and wage increases
Poland	No	Any provisions of collective agreements that contravene the principle of equal treatment are null and void	No
Slovakia	No	Provisions in collective agreements that are not in line with the legal rules are invalid	Labour Inspectorate can impose penalties in case of violation of Act on Equal Treatment
Slovenia	General and special measures to achieve equal opportunities are allowed	Government and responsible ministries should cooperate with social partners in order to achieve the aims of the Implementation of the Principle of Equal Treatment Act	No
Spain	No	No	No
Sweden	Especially obligations for employers, such as equality plans and annual plan for equal pay	General obligation for employers and employees to cooperate as regards active measures aimed at equality, especially equal pay and other conditions of employment. The Equal Opportunities Ombudsman works together with the social partners in various working groups	Obligation for employers to produce an annual report on equality developments. The Equal Opportunities Ombudsman has a supervisory, advisory and informative function. Negligent employers can be fined
United Kingdom	Limited form of positive action is allowed (measures to encourage greater representation of currently under-represented sex)	Trade unions are allowed to reserve seats for women on their governing bodies	No

Source: EIRO.

Gender mainstreaming policy

Denmark, Finland, Germany, Ireland, the Netherlands, Norway, Spain, Sweden and the UK have an official gender mainstreaming policy. In Austria, part of the current government’s programme deals with gender mainstreaming. In Italy, gender mainstreaming is one of the objectives in a financing programme for affirmative action in firms. In Germany, gender mainstreaming has a legal basis. Belgium, where there is reportedly little awareness of the gender mainstreaming concept among authorities, will introduce a legal basis for such mainstreaming in the near future.

Of the countries that have an official gender mainstreaming policy, only Denmark, the Netherlands, Spain, Sweden and the UK have an official definition of such mainstreaming. All these definitions, though differently formulated, contain the idea of integration of a gender perspective into mainstream policies. Spain makes it explicit that this should happen in all phases of the policy process. In their definition. the Netherlands and Sweden state that gender mainstreaming means that relevant differences between men and women should be taken into account. Denmark makes it explicit that a gender mainstreaming approach is proactive rather than reactive by nature, in that it serves to prevent inequalities from arising. In their definition of gender mainstreaming, Denmark and the UK include the idea that this approach complements the enactment of special measures.

Official, well-developed gender mainstreaming policies are still absent in the new EU Member States included in this study - Hungary, Poland, Slovakia and Slovenia. However, in all cases, gender mainstreaming policies are expected to be formulated in the future. They also mention EU influence in this respect:

• a gender mainstreaming approach has been required by the European Commission in Hungary’s National Development Plan’s 'human resources development operational programme' and National Action Plan for employment
• changes in Polish law with respect to equality between men and women have been required by the need to comply with EU law;
• in Slovakia there is a proposal under the EU PHARE programme aimed at institution-building in the area of gender equality, including the establishment of 'focus points' aimed at implementation of the gender mainstreaming policy, and training of these focus points’ personnel in the field of gender equality and gender mainstreaming policy, including attention to the elaboration of mainstreaming methodology; and
• the concept and practice of gender mainstreaming have been supported and promoted in Slovenia by various international/European information, training and educational projects - such as an EU programme for gender equality in 2002, an EU twinning programme on social dialogue in 2002 and seminars on gender mainstreaming within the a PHARE project on health and safety and equal opportunities in 2003.

With respect to EU influence however, the case of Spain may arguably serve as a warning not to have overambitious expectations, suggesting that existing national culture can resist such influence. Here, the gender mainstreaming approach has received strong support from the European employment strategy (EES), but some commentators believe that this has not led to a mature policy of equal opportunities and gender mainstreaming. The EU’s evaluation of the first five years of the EES includes Spain in the group of Member States that have not sufficiently prioritised a gender equality policy. Spanish experts claim that the conservative government in power until mid-2004 implicitly supported traditional gender roles, and that the establishment of mainstreaming mechanisms is understood in bureaucratic terms within the EES, while most relevant mechanisms in Spain are still in a preliminary phase.

Government mainstreaming policies do not usually interfere with collective bargaining and do not usually include measures aimed at the social partners. Only Slovakia and Slovenia, though not having a formal, well-developed governmental gender mainstreaming policy, make attempts to promote gender mainstreaming among the social partners and in collective bargaining. In Slovenia, this has happened by way of a number of EU projects (see above) partly directed at the social partners. In Slovakia, discussions are currently taking place between the relevant ministry and social partners on the issue of incorporating gender equality and gender mainstreaming in collective bargaining.

Mechanisms to disseminate good practice

Two potential mechanisms by which the public authorities might disseminate good practice in terms of gender mainstreaming are the creation of centres of expertise and the collection and review of relevant collective agreements.

Expertise centres

The governments of most countries examined use national funds to establish or stimulate some kind of national expertise centres or groups of experts in the field of equal opportunities for men and women. These can be government offices, public bodies, government-funded centres and government-funded research departments, which provide information, and sometimes also advice and training. However, many of the expertise centres do not have equality bargaining as an explicitly formulated part of their tasks - see table 6 below. Only Ireland has more than one government-funded equality body/expertise centre with the remit of promoting equality mainstreaming/bargaining, in particular the Equality Authority. Poland has some 350 non-governmental organisations pursuing activities for the benefit of women, amongst which are organisations whose work includes promoting gender equality in the labour market or of conducting research in this area. Hungary and Slovakia have introduced competitions and awards for companies (eg for the most family-friendly workplace/employer) to promote the idea of equal opportunities and gender mainstreaming and to provide examples of good practice to employers. Poland has made study initiatives concerning equal rights and gender mainstreaming eligible for public funding, especially since the country now has access to EU structural funds.

Table 6 below provides an overview of government-funded expertise centres that explicitly have the promotion or support of collective bargaining on equality as one of their tasks.

Table 6. Expertise centres with role of promoting collective bargaining on equality

Country	Name and type of centre	Equality bargaining tasks
Belgium	Institute for Equality between Women and Men - public body (founded 2002)	Supporting associations; providing information and advice; training of trade union representatives; applying pressure to persuade enterprises to draw up annual equality report (see main text); helping instal joint groups in organisations aimed at producing gender audits
Denmark	Ministry for Gender Equality	Providing information on the status of implementation of gender mainstreaming in the public sector, good practices and ideas to implement mainstreaming strategies
Germany	Centre for Excellence for Equal Opportunities Policy in the Labour and Service Society of the 21st Century (Kompetenzzentrum Chancengleichheit in der Arbeits- und Dienstleistungsgesellschaft des 21. Jahrhunderts) - partly financed by trade unions	Support and promotion agency providing regional and corporate entities with tailor-made company- or sector-specific measures to implement gender mainstreaming
Greece	General Secretariat for Equality- governmental office.	Coordinating and supervising the implementation and dissemination of equality schemes and affirmative action in favour of women in companies
Ireland	Equality Authority - public enforcement body	Promoting and monitoring equality and tackling discrimination (on nine grounds, including sex)
Sweden	Equal Opportunities Ombudsman (JämO) - governmental authority	Impressing upon social partners importance of constructing collective agreements in such a way as to benefit efforts to promote equal pay; discussing structure of collective agreements with Mediation Authority
UK	Women’s Equality Unit in the Department of Trade and Industry - government office Equal Opportunities Commission- joint equality body	Seeking to engage employers and trade unions in a dialogue about good practices (partnership approach, consultation rather than bargaining) Promoting dialogue between the social partners and disseminating research results and information on good practice in terms of gender equality policy

Source: EIRO.

Collection and examination of collective agreements

Many countries have some kind of official system for registering and collecting collective agreements, though most do not review the content of these agreements or check whether equality issues are addressed - see table 7 below. Sometimes equality issues in collective bargaining are examined in some other way, eg by way of one-off research projects or in the course of a legal check of collective agreements’ content.

Table 7. Official collection and review of collective agreements, in particular of equality issues.

Country	Collection body	Review	Review of equality issues
Austria	Federal Arbitration Board (Bundeseinigungsamt)	Yes (but not regular and systematic)	Not known
Belgium	Collective Labour Relations Administration at the Federal Public Service for Employment, Labour and Social Dialogue (SPF Emploi, Travail et Concertation sociale/FOD Werkgelegenheid, Arbeid en Sociaal Overleg)	No	No
France	Ministry of Social Affairs, Labour and Social Cohesion’s	Annual report	No
Germany	Federal Ministry of Labour and Social Affairs	No	No, but within the framework of negotiations on their modernisation, collective agreements for government employees are being reviewed by early 2005 to identify possible discriminatory elements
Hungary	Ministry of Employment and Labour	Yearly statistical data published	Very little
Netherlands	Labour Inspectorate and Social Cultural Planning Office (Sociaal Cultureel Planbureau, SCP)	Yes	Government, by requesting particular studies, ensures attention is paid to equality issues
Poland	Local Labour Inspectorates (agreements covering individual companies) and Ministry of Economy, Labour and Social Policy (agreements covering more than one company)	Compliance with relevant law verified in course of registration process.	Compliance with laws governing equality and prevention of discrimination is verified
Slovakia	Ministry of Labour, Social Affairs and Family (sectoral collective agreements)	No	No
Slovenia	Ministry of Labour, Family and Social Affairs (higher-level agreements) and relevant lower-level state administrative units (company agreements - registration rare in practice)	No	No
Sweden	Mediation Authority (Medlingsinstitutet) (agreements at national sectoral level). No collection of private sector local agreements, but public sector agreements are accessible because of the public 'right-to-access' principle	No	No
UK	No	No	Department of Trade and Industry’s latest Workplace Employee Relations Survey (first findings due to be published in 2005) includes questions on equal opportunities and collective bargaining

Conclusion

To sum up the results of this section of the study, the overall impression is that, although most countries are familiar with a legislative, policy and institutional infrastructure regarding the equal treatment of men and women, not many connections are made between this infrastructure and the collective bargaining arena. Although this does not mean that the infrastructure is of no significance to collective bargaining, its potential is arguably not used effectively to promote equality bargaining more explicitly and prominently. National administrative structures for reviewing collective agreements, especially in terms of their equality content, are not well developed.

Commentary

This study has found that gender mainstreaming is primarily a matter of government regulation and policies. Most countries included in the study have a legislative, policy and institutional infrastructure regarding the equal treatment of men and women, and the concept of gender mainstreaming is being implemented - or is expected to be implemented in the near future - in the official policies of most countries.

It is noteworthy that not many connections are made between this infrastructure at government level and the bargaining arena. Legislation primarily consists of positive measures to promote equality and rarely requires action by the social partners or even empowers or allows them to take action. An exception in this respect is France, where the 2001 Génisson law aims to ensure the integration of the concept of occupational equality in all bargaining. Government-funded expertise centres in the field of equal opportunities for women and men usually do not have the promotion of equality bargaining as an explicitly formulated part of their tasks, with the exception of the Irish Equality Authority. The monitoring of equality bargaining is rarely provided for, not least because national administrative structures for reviewing collective bargaining are not well developed in the first place. In some countries, monitoring of equality measures does take place at company level in the form of obligatory periodical reports. Sweden is an exception with supervisory and advisory tasks for the Equal Opportunities Ombudsman (besides monitoring at company level).

All of this does not mean that social partners are passive or reluctant with respect to gender mainstreaming. Most of the action is on the part of the trade unions, however. The main union centres in all countries participating in this study have created some form of an infrastructure for stimulating and promoting equality bargaining and in most countries they have developed both internal and external mainstreaming policies. In employers’ organisations, this is much less developed. Moreover, employers have different emphases. As regards the goals to be achieved, they tend to prefer diversity policies rather than policies aimed at equality between men and women. As regards the strategy to be followed, employers are generally reluctant about regulation (including regulation by collective agreement) and prefer tailor-made, company level arrangements.

As for bargaining results, we can conclude that equality issues are most commonly mainstreamed at national multi-sector level and (therefore) equality agreements are usually of an 'intentional' nature, to be elaborated at sector or company level, or the agreements consist merely of recommendations for lower bargaining levels, affording those levels sufficient leeway to decide whether to follow the national agreement. Austria, Finland, France, Germany, Hungary, Italy, the Netherlands, Norway, Slovakia, Spain and Sweden are familiar with some form of gender mainstreaming in at least some sectoral collective agreements, and Austria, France, Germany, Hungary, Ireland, Italy, the Netherlands, Slovakia, Spain and the UK do so in some company-level agreements.

As regards the content of the provisions agreed on in collective agreements in which gender has been mainstreamed, we have examined whether this has happened under the employability and adaptability pillars. Although often not explicitly categorised as such, in 10 countries gender has been mainstreamed into employability issues and in 14 countries this is the case with regard to adaptability.

Differences in this area between countries are both historical and cultural, the two dimensions partly overlapping. Clearest is the specific position of the new Member States covered in this study, in which equality legislation and policies are often of a very recent date and directly instigated by EU requirements. Here, EU-funded projects stimulate the building of an equality infrastructure and the dissemination of information and expertise, also among the social partners. This EU influence puts mainstreaming at the heart of the equality agenda whereas in other countries a long history (sometimes of more than 30 years) of equality policies has anticipated the introduction of the concept of gender mainstreaming. (Marianne Grünell and Marian Schaapman, Hugo Sinzheimer Institute)

• ID: TN0410101S
• Author: Marianne Grünell and Marian Schaapman
• Country: EU Countries
• Language: EN
• Publication date: 26-01-2005