Promoting Gender Equality - A Resource Kit for Trade Unions

Booklet 3 - The issues and guidelines for gender equality bargaining

Table of Contents

2. Bargaining checklists for key gender equality issues

2.1. Ending discrimination and promoting equal opportunities

a. Sex discrimination
b. Equal opportunities agreement
c. Training and Promotion
d. Sexual harassment

2.2. Wages and benefits

a. Equal pay
b. Job evaluation
c. Pensions

2.3. Family-friendly policies

a. Childcare
b. Maternity protection and benefits
c. Family leave

2.4. Hours of work

a. Flexible working time
b. Part-time work with benefits
c. Other types of alternative work schedules

2.5. Health and safety of workers

a. HIV /AIDS
b. Violence in the workplace

References and additional reading

Additional examples and case studies

1. The issues for gender equality bargaining

Unions are nearly unlimited in the types of issues which they might present for negotiations. Every worker, irrespective of sex, race, colour, religion, political opinion, national or social origin, age, sexual orientation, disability has the right to an equitable, fair and safe work environment as well as the right to be able to fulfil responsibilities relating to his/her personal and family life. As such, any issue which is identified as eliminating direct or indirect discrimination, promoting equality of opportunity and treatment or more effectively balancing work and family responsibilities is a legitimate issue for collective bargaining. Unions are only limited in practical terms by restrictions which are articulated through national or local legislation or by employer attitudes.

Gender equality bargaining can be a powerful mechanism through which unions can either reinforce existing rights under legislation or previous collective agreements through devising practical methods of implementation, or extend workplace rights on issues which have traditionally been ignored. Unions may strategically choose which issues they will present for negotiations. Their choice will depend on those factors which may affect their bargaining leverage and success, such as the state of the local or national economy, the current state of the labour market, the economic situation of the company, or the public image of the company. The list below of issues that a union may want to raise from a gender perspective is not set out in any particular order.

2. Bargaining checklists for key gender equality issues

2.1. Ending discrimination and promoting equal opportunities

Just as trade unionists may be discriminated against merely for being trade unionists, some women face discrimination merely because they are women or because of their marital status or family responsibilities. Women may face discrimination in areas such as recruitment, promotion, training opportunities, job assignments, dismissal and lay-offs.

Sex discrimination can be overt or direct discrimination or more subtle, indirect discrimination. Employers may discriminate against women directly by limiting applications for certain jobs to only men or only women. Discrimination is indirect when employers impose criteria for applicants or specify characteristics which are not closely related to the inherent requirements of the job, as a screening device. The purpose of the screening is either to exclude women or to obtain workers of a certain type. Many jobs are still seen as exclusively 'male' jobs or 'female' jobs.

Relevant ILO Standard:

Discrimination (Employment and Occupation) Convention, 1958 (No.111) and Recommendation, 1951 (No.111) .

Unions can negotiate for provisions in collective agreements to protect women against direct and indirect discriminatory practices:

Checklist:

General equal opportunities clause, expressing the commitment of the union and the employer to promoting equal opportunities for women and men;

Opportunities for women, including those with non-permanent contracts, to apply for all positions and to benefit from training programmes;

Non-discrimination against workers with family responsibilities, in particular with respect to promotion and advancement;

Avoid informal systems of recruitment that often prejudice women;

Carefully determine what training, education or past experience is actually needed for a position, as well as whether age limits or mobility requirements are absolutely essential;

Job application forms should include only those questions relevant to the job;

If the candidate is successful, then questions such as marital status and number of children can be asked if linked to particular benefits;

Neutral job descriptions -- if they are gender-specific, stereotypes are enforced. Women may also feel excluded;

Gender-inclusive language in the collective agreement -- if possible avoid saying 'the worker, he shall.....'. Gender-inclusive language shows a commitment to equality;

Equality officer or women's committee to implement objectives and review progress;

Training in equal opportunities issues for all those involved in recruitment and negotiations;

Reversal of burden of proof -- once a worker can show she/he was disadvantaged, it is for the employer to prove that it was not on the basis of sex.

The burden of proof is an important issue in the context of sex discrimination and should be discussed in negotiations. Especially since discrimination tends to be indirect, it may be important to negotiate for the reversal of the onus of proof. Once a worker can show that she/he was disadvantaged, it is for the employer to prove that it was not on the basis of sex.

b. Equal opportunities agreement

To protect workers from both overt and more subtle forms of discrimination and victimization, unions can negotiate an equal opportunities policy and agreement. Persuading employers to adopt a general statement of intent is the first step that unions can take towards negotiating a workable equal opportunities agreement. Equal opportunities is about the right of all workers to be treated fairly regardless of their sex, race, sexual orientation, marital status or other characteristics such as age, colour, religion, disability, political or other opinion, national or social origin. It is about getting rid of discrimination and prejudice at work and in the union, and about making sure that no workers are treated unjustly.

When preparing to negotiate or review an equal opportunities agreement with employers, union negotiators may find the following questions useful:

Checklist: ⁽¹⁾

Do you have an equal opportunities agreement?

Do all members and prospective members know about it?

Is it published or advertised?

Is it monitored?

Is it reviewed by management and union representatives? If so, how and how often?

Does it deal with job segregation, or lack of promotion for women?

Does it commit management to take positive action where the policy is not working? If so, what positive action has been taken and is it showing results?

Are management and employees trained on the policy? Is the training regularly updated?

Is there a joint union/employer equal opportunities committee? Does it meet on a regular basis?

Is there an agreed procedure for investigating complaints about recruitment, appointments and promotions?

Can staff get paid time off to attend union training on equal opportunities?

Does the agreement demand that all collective agreements are reviewed to eliminate any sex bias?

It may also be very useful for negotiators to bear in mind the following points about equal opportunities.

• Equal opportunity measures should have a focus which extends beyond women. Gender equality also concerns men. Men can also suffer discrimination;
• Some provisions which are often taken at face value to be equal opportunity provisions, in fact, may be double-edged, with negative as well as positive potential in terms of promoting true equality ⁽²⁾.

Example: Enhanced maternity or child care leave for women may facilitate their continued participation in wage work, but may reinforce the premise that women have, and should continue to have, primary responsibility for childcare (and other dependent care) with a consequent intermittent (and less `committed') attachment to the workforce than men. It would be better to have provisions targeted at men, such as paternity leave, to foster greater sharing of social responsibilities.

Example:The existence of part-time work or other flexible work arrangements may enable workers to combine domestic responsibilities and paid work. But gender equality is unlikely to be achieved where part-time work is ghettoised into low graded `women's jobs' or detached from a company's internal labour market and remuneration system. Negotiators need to know not simply that there is provision for part-time work but at what occupational levels such work exists, to whom it is available and on what conditions;

• `Women' and `men' are not homogeneous categories. Differences exist in terms of ethnicity, education, age, etc. Therefore, equal opportunity provisions may be concerned with a particular group of women rather than women in general.
Equal opportunity measures

The equal opportunities policy and agreement can cover four main types of measures: Barrier elimination measures to remove or change policies and practices which cause a particular sex or group of workers to be excluded from certain occupations or which limit them to a small unrepresentative number. Such measures could include: posting or advertising jobs in a variety of media; restricting testing and other selection criteria to ‘bona fide’ job requirements; fair assessment of prior learning, foreign credentials, work/volunteer experience and skills; leave of absence provisions to accommodate needs of all workers; workplace documentation, notices provided in all workers’ languages and on tape for visually impaired workers Positive or affirmative action measures or special efforts which are put in place over a period of time to offset imbalances due to past discrimination. These measures reflect the understanding that without temporary measures to alter past discriminatory structures, efforts to achieve equality will be unjustifiably slow, and also that economic efficiency is impaired by the under-utilization of the potential of a large segment of the workforce. There are normally four components: corrective action, such as setting numerical targets for women’s participation in activities from which they had been excluded; promotional measures, designed to redress the cause of discrimination, such as giving women wider access to opportunities for vocational training and employment in non-traditional sectors; a time table to attain set objectives and to apply measures; supervisory machinery to monitor progress, assess difficulties and make the necessary adjustments. Supportive measures which are similar to positive measures, except that they also benefit all employees, whether or not they are a designated sex or group member. These measures could include: policies to address balancing of family and work responsibilities; anti-discrimination and anti-harassment policies, including provision of training and education for all workers; education and communication programmes to dispel myths and promote acceptance and understanding of equal opportunities; mentoring programmes. Accommodation measures to ensure that jobs, tools and workplaces “fit” women or members of the designated group. They could include: work related assistive devices and access to updated and appropriate technology and software required to perform job duties; flexible hours, modified job duties; ensuring accessibility of buildings and all facilities and areas within buildings; accessible work areas appropriately equipped; dress codes which accommodate women and cultural minorities. Source: Canadian Labour Congress. Bargaining for Equality. CLC Women’s Symposium November1-3 1998.







TUC Model Equal Opportunities Clause "The parties to this agreement are committed to the development of positive policies to promote equal opportunities in employment regardless of workers' sex, marital status, sexual orientation, creed, colour, race, ethnic origins or disability. This principle will apply in respect of all conditions of work including pay, hours of work, holiday entitlement, overtime and shift work, work allocation, guaranteed earnings, sick pay, pensions, retirement, training, promotion and redundancy. The management undertake to draw opportunities for training and promotion to the attention of all eligible employees, and to inform all employees of this agreement on equal opportunities. The parties agree that they will revise from time to time, through their joint machinery, the operation of this equal opportunities policy. If any employee considers that he or she is suffering from unequal treatment on the grounds of sex, marital status, sexual orientation, creed, colour, race, ethnic origin or disability, he or she may take a complaint which will be dealt with through the agreed procedures for dealing with such grievances". Source: TUC. Working Women A TUC Handbook for all Trade Unionists. London: TUC, p. 70.





c. Training and Promotion



Women are often denied access to training and promotion which limits their ability to meet the challenges of changing technologies and to advance in their jobs.



Employers often perceive that women are more likely to leave employment because of family responsibilities and hence do not invest in upgrading their skills and fully developing their capacities. Women are also under-represented in senior positions both because of stereotyped assumptions and interrupted work histories. Without the opportunity to upgrade their skills and qualifications, women will continue to be denied the opportunity to move to higher paid jobs. Unions can negotiate to:

Checklist:

Press for greater training and richer task-assignment opportunities for women, including those in non-permanent positions;
Ensure that women workers have access to information on training opportunities;
Make company training programmes more flexible and responsive, so that women workers can be more adaptable and multi-skilled, rather than having traditional stereotyped vocational and sex-segregated skills. It is important that there are provisions to ensure that women are able to avail themselves of training opportunities, eg. through flexible training schedules and childcare facilities;
Where necessary, provide reserved places for women in training and retraining opportunities, and set targets or quotas, with clear timetables, for recruitment or promotion;
Ensure that training programmes have the following objectives:
• meeting the skills needs of new and growing occupations [Remember: occupations in information and communications technology];
• enhancing the skills of workers to cope with changes in equipment, job specification and work organization;
• multi-skilling to improve flexibility;
• retraining for workers whose jobs have been abolished or redesigned;
Ensure that skill upgrading and job-enrichment are duly recognized in individual evaluation procedures and calculation of pay and for career progression;
Make all selection and promotion systems transparent and establish union participation in procedures;
Ensure that women receive credit for work-related experience and that they do not lose their seniority due to career breaks.




1. In Sweden, the Trade Union Confederation (LO) reached agreement with the Employers' Confederation to test out an ideal training model for women workers, offering increased protection against unemployment. The training took place in an area with a high concentration of industries employing poorly qualified women workers. It was coordinated by the vocational training centre of the town. The course ran for 18 weeks, including a first week of guidance to overcome a number of psychological obstacles. The technical elements were adapted in line with the needs of five participating local companies. The evaluation of the initiative showed that the existence of a local coordinator contributed to its success. At any point, a participant could speak to the coordinator about a personal problem. During the course, zero absenteeism was registered and all the trainees subsequently found interesting jobs. 2. The trade union in Ferrero, a confectionary company in Belgium, signed a collective agreement with management defining a number of objectives in the area of equality of opportunity. One of the issues covered was the training of forklift truck drivers. Correct handling of the machinery is vital to the company and can bring access to more interesting jobs. Women initially had reservations about driving a forklift. The positive actions working group set up within the company consequently decided to train women as forklift drivers. They began by training an in-factory instructor. An in-factory instructor meant the women did not have to travel for training, and also benefited the men taking the course. Although the initiative was by the union, the company has also come to see the advantages as insurance statistics show that women drivers tend to be more careful and to cause fewer accidents. Source: ETUC, UNICE and CEEP. 1995. Women and Training in Europe. Brussels: ETUC, pp.45,56.





Relevant ILO Standard:

Human Resources Development Convention, 1975 (No.142) and

Recommendation, 1975 (No.150)



ILO Human Resources Development Recommendation, 1975 (No.150)

VIII. Promotion of Equality of Opportunity of women and Men in Training and Employment (1). Measures should be taken to promote equality of opportunity of women and men in employment and in society as a whole. (2) These measures should form an integral part of all economic, social and cultural measures taken by governments for improving the employment situation of women and should include, as far as possible - (a) educating the general public and in particular parents, teachers, vocational guidance and vocational training staff, the staff of employment and other social services, employers and workers, on the need for encouraging women and men to play an equal part in society and in the economy and for changing traditional attitudes regarding the work of women and men in the home and in working life; (b) providing girls and women with vocational guidance on the same broad range of educational, vocational training and employment opportunities as boys and men, encouraging them to take full advantage of such opportunities and creating the conditions required for them to do so; (c) promoting equality of access for girls and women to all streams of education and to vocational training for all types of occupations, including those which have been traditionally accessible only to boys and men, subject to the provisions of international labour Conventions and Recommendations; (d) promoting further training for girls and women to ensure their personal development and advancement to skilled employment and posts of responsibility, and urging employers to provide them with the same opportunities for extending their work experience as offered to male workers with the same education and qualifications; (e) providing day-care facilities and other services for children of different ages, in so far as possible, so that girls and women with family responsibilities have access to normal vocational training, as well as making special arrangements, for instance in the form of part-time or correspondence courses, vocational training programmes following a recurrent pattern or programmes using mass media; (f) providing vocational training programmes for women above the normal age of entry into employment who wish to take up work for the first time or re-enter it after a period of absence.




d. Sexual harassment

Sexual harassment is a serious, although often misunderstood, form of sex discrimination. It is also a safety and health issue at the workplace.



Legal definitions vary from country to country, but the one paramount principle is that sexual harassment refers to sexual conduct which is unwanted by the recipient. In the Collective Agreement on the Prevention and Resolution of Harassment-related Grievances between the International Labour Office and the ILO Staff Union, sexual harassment is defined as:



"any unwanted or unwelcome conduct of a sexual nature, in a workplace or in connection with work, which makes a protected person feel humiliated, intimidated, discriminated against or offended. The distress caused by the act or series of acts may be intentional or unintentional. Sexual harassment can be coercive sexual behaviour used to control, influence or affect the job, career or status of a protected person. It can also be manifested when one or more persons submit a protected person, at any level, to offensive behaviour or humiliation on the basis of that protected person's sex or sexuality, even though there may be no apparent impact on the career or employment of the protected person concerned".



Sexual harassment can take many forms and may include:

• deliberate and unsolicited physical contact or unnecessarily close physical proximity;
• repeated sexually-oriented comments or gestures about the body, appearance or life-style of a protected person;
• offensive phone calls, letter or e-mail messages;
• stalking;
• showing or displaying sexually explicit graphics, cartoons, pictures, photographs or Internet images;
• questions or insinuations about a protected person's private life;
• persistent invitations to social activities after the protected person has made it clear they are not welcome; and
• sexually explicit jokes or propositions.




Men may be victims of sexual harassment, but most often it is women who suffer - because of societal attitudes and their often precarious employment position. Those in low-status jobs or with precarious employment contracts find it difficult to complain or seek support for fear of jeopardizing their job. Sometimes women who complain about being harassed are shunned, victimized or told they "cannot take a joke". Sexual harassment can result in:

• the victim leaving a job rather than face the harassment;
• biassed job evaluations or poor personal recommendations;
• demotion, transfer, dismissal and loss of opportunity for training or promotion prospects and job security;
• stressful and hostile working environment that can lead to mental and physical illness for the victim and an uncomfortable atmosphere for other workers. Victims of sexual harassment suffer tension, anger, anxiety, depression, insomnia, stress-related medical problems such as headaches, digestive disorders, etc.;
• victims often suffer loss of face and social rejection, leading to family hardship and even break-up;
• the harasser jeopardizes the victim's future job opportunities by giving the victim a bad reference or bad reputation.




With increasing recognition that sexual harassment needs to be tackled as a labour-management issue, it is being included more and more on the collective bargaining agenda. Provisions in collective agreements could include measures, such as:

Checklist:

The issuing and publicizing of strong policies against sexual harassment. Many companies now have a "zero tolerance" message that sexual harassment is not only an affront to equitable treatment but also a serious form of misconduct that will not be tolerated:



"The Company will not tolerate, condone or allow sexual harassment, whether engaged in by fellow employees, supervisors, clients or other non-employees who conduct business with this Company. The Company encourages reporting of all incidents of sexual harassment, regardless of who the offender may be."



Information and education campaigns drawing attention to the various forms of sexual harassment and the fact that it will not be tolerated;
The provision of information, education and training for all employees and management on what constitutes unacceptable behaviour. Awareness raising and sensitization is often the single most important preventive measure that can be taken against sexual harassment in the workplace
The establishment of specific measures to deal appropriately with sexual harassment complaints:
• The complaints procedure should enable and encourage the victim to raise the issue of harassment in a supportive, expeditious and confidential context;
• All information concerning harassment related grievances should be handled in such manner as to protect the privacy of all concerned;
• There should be rapid, thorough and confidential treatment of all complaints, and a clear disciplinary procedure concerning proven sexual harassment;
• Where harassment is proven, the harasser must be dealt with seriously and the victim should not be prejudiced in any way in an attempt to separate the two workers from the same working environment (eg. transferring the harasser not the complainant).



Dealing with sexual harassment: a trade union guide

Sexual harassment will be eradicated most effectively if there is joint employer/union action. A policy statement can be drawn up in consultation with the union and a model clause included in collective agreements and a grievance procedure established. Sample clause in a collective agreement: “The union and the employer recognize the problem of sexual harassment in the workplace and are committed to ending it. Sexual harassment shall be defined as: unnecessary physical contact, touching or patting; suggestive and unwelcome remarks, jokes, comments about appearance and deliberate verbal abuse; leering and comprising invitations; use of pornographic pictures at the workplace; demands for sexual favours; physical assault. Grievances under this clause will be handled with all possible speed and confidentiality. In settling the grievance, disciplinary action will be taken against employees and supervisors who engage in any activity prohibited under this clause. Every effort will be made to relocate the harasser, not the victim. Grievance procedure: Grievances can be handled through the normal grievance procedure. However, unions may want to negotiate special grievance provisions to handle the unique circumstances of sexual harassment cases. Such a procedure would guarantee confidentiality and promptness and be handled by someone outside the immediate workplace on the management side. Shop stewards and local officials should receive special training in the handling of sexual harassment cases. They should ensure that these are treated seriously and that they are supportive of the worker involved. Because of the nature of sexual harassment, it is important for officials to recognize that women workers may find it easier to talk to a woman rather than a man about the problems they are experiencing. A woman steward, representative or adviser could be nominated or elected to handle complaints at the earliest stage of action. The nature of sexual harassment means that in many cases it will be the word of the harasser, who is often in a more influential position, against the victim. Such cases need to be handled sensitively and in a painstaking manner. When a case of sexual harassment is notified to the union representative, the representative should: encourage the worker to record details of each occurrence of harassment and monitor any changes in work patterns or attitude of the harasser; find out if other workers have experienced similar problems and ask them for details; discuss with the worker concerned how the case should be pursued; seek the support of other workers for the victim as there may be witnesses to some incidents. The exact steps to be taken will depend on the nature of the case and the procedures negotiated. A resolution should be obtained which best satisfies the complainant. It should be the harasser who is transferred or, if necessary, dismissed and not the victim. It is extremely important that women members are not afraid to report cases of sexual harassment and that they are given support and help once they have reported their problem. It is vital that women feel confident that their local trade union officials and their union at national level take the matter seriously and deal with it effectively. Source: ICFTU Equality Department: Sexual harassment at work: a trade union guide









2.2. Wages and benefits



a. Equal Pay



In the survey of trade unions, equal pay was the second most common gender matter (after maternity protection) included in collective agreements. Worldwide, women continue to earn 20-30 per cent less than men. In the recent ICFTU Ask a Working Woman Survey, equal pay ranked eighth and higher pay ranked first among the respondent's priorities [ Booklet 2, p. 14].

Relevant ILO Standard:

Equal Remuneration Convention, 1951 (No.100) and Recommendation, 1951 (No.90) .




ILO Equal Remuneration Convention, 1951 (No. 100)

Article 1 For the purpose of this Convention 1. the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment; 2. the term "equal remuneration for men and women workers for work of equal value" refers to rates of remuneration established without discrimination based on sex. Article 2 Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and .... ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.




To bargain for equal pay for work of equal value, unions could:

Checklist:

As a first step, gather information to establish a general picture of gender and pay. For example, the Commission of the European Communities has issued a Code of Practice on the Implementation of Equal Pay for Work of Equal Value ⁽³⁾. The code sets out a list of key indicators of potential sex bias. Unions could use this code to review their workplace to determine if:

• Women have lower average earnings than men with the same job title;
• Women have lower average earnings than men in the same grade;
• Women in female-dominated jobs are paid less than the lowest male-dominated job;
• Jobs predominantly occupied by women are graded or evaluated lower than jobs predominantly occupied by men at similar levels of effort, skill or responsibility;
• Women are paid less than men with equivalent entry qualifications and length of service;
• Where separate bargaining arrangements prevail within one organization, those dominated by men receive higher pay than other bargaining groups dominated by women;
• The majority of men and women are segregated by different grading, classification and evaluation systems;
• Part-time or temporary workers, who are mainly women, have lower average hourly earnings than full-time or permanent employees in the same job or grade;
• Part-time or temporary workers, who are mainly women, have access to fewer pay and other contractual benefits;
• Different bonus arrangements, piece rate and other "payment by result" systems, apply in different areas of production, disproportionately affecting one gender;
• Different overtime rates apply in different departments, disproportionately affecting one gender;
• Holiday entitlements vary between jobs in the same grade disproportionately affecting one gender.

Ensure that job evaluation systems are gender neutral [ Section below]



The price of unequal pay

Working families pay a steep price for unequal pay: America's working families lose a staggering $200 billion of income annually to the wage gap -- an average loss of more than $4,000 each for working women's families every year because of unequal pay, even after accounting for differences in education, age, location and the number of hours worked; If married women were paid the same as comparable men, their family incomes would rise by nearly 6 per cent, and their families' poverty rates would fall from 2.1 per cent to 0.8 per cent; If single working mothers earned as much as comparable men, their family incomes would increase by nearly 17 per cent, and their poverty rates would be cut in half, from 25.3 per cent to 12.6 per cent; If single women earn as much as comparable men, their incomes would rise by 13.4 per cent, and their poverty rates would be reduced from 6.3 per cent to 1 per cent. Unequal pay hurts men too: Both women and men pay a steep price for unequal pay when they do "women's work". The 25.6 million women who work in these jobs lose an average of $3,446 each per year; the 4 million men who work in predominantly female occupations lose an average of $6,259 each per year -- for a whopping $114 billion loss for men and women in predominantly female jobs; For men in female dominated jobs, state average increases would range from $3,533 annually in the district of Columbia to $8,958 in Delaware if pay inequality was eliminated. Union representation is a proven and powerful tool for raising workers' wages, particularly for those most subject to labour market discrimination: women and minorities: The typical female union member earns 38 per cent more per week - $157 - than a woman who does not belong to a union; Women represented by unions earn almost 84 per cent as much as union men. Source: Equal pay for working families; national and state data on the pay gap and its costs. AFL-CIO Website: http://www.aflcio.org/women/exec99.





b. Job evaluation



Job evaluation (also called job appraisal or job assessment) is important to ensure equal pay, particularly in situations where women and men do not normally work alongside each other. Job evaluation is a comparison of the relative value of different jobs in terms of the level of demand the work makes on the average worker. The abilities of the individual workers are not measured. Where sex stereotypes are used in the process of evaluation, this can result in the undervaluation of the jobs mainly held by women. For example, traditional schemes tend to measure only the physical and mental aspects of work and do not include factors that adequately measure dexterity, caring functions, organizing or coordinating activities of people. Or where market rates are used to establish the relative weight of factors, these may simply reflect historical discrimination in the labour market.



Unions should, therefore, bargain for the use of gender neutral job evaluation criteria that define and value factors in an objective manner -- taking into account only those aspects required to perform the work to the expected level of accuracy and efficiency, without being influenced by feminine stereotypes or bound by traditional criteria; and that conceptualize work as having human relations skills and emotional aspects, as well as mental and physical aspects.

Gender neutral job evaluation criteria

I. Objective job evaluation criteria: 1. Knowledge and Skills 2. Physical Skills 3. Mental Skills 4. Communication Skills 5. Human Relation Skills II. Effort: 1. Physical demands 2. Mental demands 3. Emotional demands III. Responsibility (for): 1. Information and material sources 2. Direct supervision over other employees 3. Direct responsibility for the well-being including health and safety of other people 4. Planning, organisation and development IV. Working Conditions: 1. Hazards - exposure, risk of injury, diseases 2. Environment exposure to disagreeable working environment etc Source: Equity at Work: An Approach to Gender-Neutral Job Evaluation, States Services Commission, New Zealand





c. Pensions



Pensions are deferred pay - pay a worker gets after he/she retires. So the right to a decent pension is important for women. It is another aspect of equal pay. The social security offered by pensions is also important because women are making up the majority of the over 60 years population in almost every country of the world. In addition, more and more women in the world today can expect to be single, separated, divorced or widowed and need a pension in their own right.



But women are often disadvantaged regarding pension schemes because:

• The types of work women are involved in often do not have pension plans;
• Many women work on a part-time basis and tend to be excluded from employer pension plans;
• Even when they are covered by pension plans, women's lower wages result in lower pension benefits;
• More women than men have interrupted work histories due to family responsibilities or women enter the workforce later having had their families;
• Pension schemes are often designed assuming contributions based on continuous full time working life, so that those who have interrupted employment or delayed entry may not receive an adequate pension upon retirement.




Unions need to monitor and counter these trends through collective bargaining to ensure that older women workers have financial security upon retirement. They should also take into account that more and more workers are changing employment over the course of their lives. Portability of pensions is extremely important, and unions need to ensure that pensions are valued fairly at the time of transfer from one employer to another. In negotiating a pension scheme, unions should:

Checklist:

Start off by ensuring that women receive equal pay and equal opportunities;

Ensure that employer pension schemes are available to all employees, including part-time workers

Ensure that women can be given pension credits to allow for the fact that they are likely to have periods outside paid employment;

Reduce the theoretical working life of women to allow for likely interruptions. Thus fewer but greater pension payments can be paid for women workers to ensure that women receive the same pension on retirement as their male colleagues

Link pension contributions to maternity leave to ensure continuity of provision(Remember, however, that this is harder with longer periods of absence);

Allow for voluntary contributions enabling workers to make up any shortfall in their pension. (But again, this may not be an ideal solution as women are literally forced to pay for any interruption in their employment history).



The Trades Union Congress (TUC) United Kingdom recommends the following scheme improvements to enhance equal opportunities for women in pensions: an equalized pension age with the opportunity to work on for an enhanced pension; the admission of part-timer workers to the scheme; improved widow's and widower's pensions at a level above the minimum required by recent law; dependents' pension and a lump sum for financial dependents of all scheme members regardless of sex; equalized and improved death benefits; recognition of all maternity leave in the calculation of pensionable service; no exclusion from the occupational scheme on the grounds of age. Source: TUC. 1989. Equality in occupational pension schemes. London: TUC.





2.3. Family-friendly policies



Harmonising working life and family responsibilities is a challenge for both women and men. Yet it is often women who bear the biggest burden of earning an income while still assuming the care of children and other family members and taking care of domestic chores. This double burden is acutely felt in many countries where domestic roles are perceived as entirely feminine yet the need for cash income is forcing more and more women to seek paid work. Changing economic, demographic, social and migration patterns also mean that women are increasingly becoming heads of households, solely responsible for income generation and running their homes.

Trade unions have a crucial role in easing this burden through bargaining for 'family-friendly' polices at the workplace, benefiting both men and women workers, their families and communities. There is a broad range of family-friendly measures which trade unions can include in collective agreements, such as childcare, elder care, maternity protection and benefits, family leave and alternative work schedules.



Advantages of family friendly policies

Employers benefit from: improved employee commitment improved retention of skilled workers increased returns on training and investments reduction in absenteeism and unplanned absences reduction in costs associated with staff attrition and workers' compensation improved staff morale improved occupational health and safety performance enhanced public image and competitive edge in recruiting	Employees benefit from: improved level of communication with family members enhanced career and development opportunities maintenance of skills greater focus and energy at work, along with increased motivation and job satisfaction increased job security arising from the knowledge that a commitment to family will not be viewed as lack of commitment to the organization reduction in stress as a result of flexible and more suitable working arrangements maintenance of physical and emotional health
Source: Australian Public Service Division pamphlet, 1994.







Relevant ILO standard:

Workers with Family Responsibilities Convention, 1981 (No.156) and

Recommendation, 1981 (No. 165) .





ILO Workers with Family Responsibilities Convention, 1981 (No. 156)

Article 1 1. This Convention applies to men and women workers with responsibilities in relation to their dependent children, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity. 2. The provisions of this Convention shall also be applied to men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support, where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity. Article 2 This Convention applies to all branches of economic activity and all categories of workers. Article 3 1. With a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or who wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. 2. For the purposes of paragraph 1 of this Article, the term "discrimination" means discrimination in employment and occupation as defined by Articles 1 and 5 of the Discrimination (Employment and Occupation) Convention, 1958. Article 4 With a view to creating effective equality of opportunity and treatment for men and women workers, all measures compatible with national conditions and possibilities shall be taken - (a) to enable workers with family responsibilities to exercise their right to free choice of employment; and (b) to take account of their needs in terms and conditions of employment and in social security. Article 8 Family responsibilities shall not, as such, constitute a valid reason for termination of employment.





Parental Rights Agreement


The South African commercial, Catering and Allied Workers' Union (SAC-CAWU)has successfully negotiated a far-reaching parental rights agreement with the commercial chain Macro. The general principles of the agreement are: The parties commit themselves to the elimination of discrimination based on sex, race and gender; The agreement aims to ensure that women are not unfairly discriminated against on the grounds of pregnancy, and that male and female employees who are parents of young children are able to exercise their parental responsibilities; The parties acknowledge the equal right of men and women to combine a job and family life, to work under safe and healthy conditions and to give their children the necessary care and attention; The Company agrees that it has a social responsibility towards its workers and their children; The parties acknowledge the right of parents to decide freely and responsibly on the number and spacing of their children. The agreement provides guarantees against dismissal for being pregnant, forbids retrenchment while on parental leave, guarantees all women employees 12 months maternity leave, with 9 months paid, provides for 14 days paid paternity leave for male employees, with the right of parents to divide up the leave time if both are employed by the company, guarantees the right to return to employment after parental leave, and provides for special health and safety protection for pregnant mothers as well as time off for pre- and post natal care. Source: Women at Work, Spring 1993





a. Childcare


Childcare is a necessity for working parents. Childcare provisions are not only about full-time daycare for pre-school children. Working parents also need care for school-age children before and after school; back-up for sick children or in emergencies; and care for children during evenings, weekends, holidays and when parents are working non-standard hours. Unions can negotiate for various options to solve these child care problems:

• day care
• creche
• after school care
• child care allowance
• holiday pay scheme
• child care information services.




Allocations or facilities may be provided by the employer, the State or in some cases co-sponsored by unions and employers. Unions are finding innovative solutions to provide child care for their members through bargaining. Childcare bargaining strategies could include:




Resource and referral: finding high quality, reliable and affordable care can be very difficult for working parents. Resource and referral services can help employees with appropriate and available child care providers, taking into consideration the special needs of each family. An employer may contract with an outside agency or handle referrals in-house. Resource and referral services also can help develop child care resources in an area if no appropriate child care exists.



International Brotherhood of Electrical Workers Local 1245 bargained with Pacific Gas and Electric to establish a Child Care Resource and Referral Program, available to all employees. The program helps parents find the right solution for their specific needs: a child care centre in their community, an in-house caregiver or a child care provider for sick children. The program provides a child care referral hot-line and information to help employees evaluate caregivers.




Child care tax programmes and funds: Such programmes or funds can be in the form of tax programmes, such as a dependent care assistance plan or flexible spending account, a child care fund or a direct financial assistance arrangement.



The International Union of Electrical Workers and General Electric contractually established a Dependent Care Reimbursement Account allowing eligible employees to designate up to $5,000 a year to be deducted from their pay on a pre-tax basis. Funds in the account can be used to reimburse employees for day care for children under 15 or for dependent care for another dependent of the employee who is mentally or physically unable to care for himself or herself. The Health and Human Services Union negotiated in 1989 for a child care fund which, by 1992, had been expanded to cover 168 hospitals and health care facilities and 39,000 members. Employers contribute a percentage of gross payroll to the fund. A labour/management committee at each institution decides what benefits to offer at that site. Benefits offered include cash vouchers for child care and after-school care, summer camp subsidies, child care resource and referral services, a holiday program, a cultural arts program and a child care centre.



Providing child care (centres, networks of family day care homes and subsidized slots): Setting up a child care centre is a costly and time-consuming process. Before negotiating for a child care centre, the union needs to consider the needs of members: do they prefer in-home or centre care, what shifts do they work, are their children pre-school age? If the union decides to set up a centre, some important questions are:
• will the centre be profit or non-profit,
• will the centre be funded through employer contributions, parent fees or other sources,
• who will manage and operate the centre and how will the standards be monitored,
• what will the terms and conditions of work of the child care workers in the centre?




The American Federation of State, County and Municipal Employees, Public Employees Federation and Union of University Professors negotiated with the State of New York to develop the Empire State Child Care Network, which included 50 on-site child care centres serving children of state employees. A labour/management child care advisory committee administers a fund to set up non-profit centres and to support and expand the network of centres. Families are charged on a sliding scale for use of the services. Some centres also provide kindergarten, summer and after-school care for school-age children. Canadian Autoworkers Union bargained with Chrysler, Ford and General Motors for a Child Care Fund that funds both extended-hour child care centres and a network of family day care homes for shiftworkers who want their children in a more home-like setting. The employers contribute four cents per hour worked. A non-profit agency set up by the CAW directly employs the child care providers, who receive benefits including paid vacation and sick time, health care, pension and overtime pay.



Backup and sick child care: Backup care can be provided for mildly sick children, on days when normal care arrangements fall through or in other unusual situations. Parents of school-age children may need child care during summer vacations and on holidays. Backup care can be provided through a special programme, such as employer subsidies for in-home care or a backup centre, or by allowing parents to use their sick time to care for sick children.



Local chapters of the Service Employees International Union negotiated a fund with Alameda County to provide emergency reimbursement for parents whose children are mildly sick or who, for some emergency reason, are unable to use their regular care provider. Employees receive reimbursement for 90 per cent of up to $80 a day, to a maximum of $350 a year. The employer also provides resource and referral services for families who need sick or emergency care.


Extended hours/before and after school care: Many working parents need child care before 9am and after 5pm, including before and after school hours and during extended hours when parents are working shifts.



The United Automobile, Aerospace and Agricultural Implement Workers of America worked with businesses in Tonawanda, NY. to create a child care consortium. The consortium developed day care programmes that are available in the daytime, before and after school and during holidays and vacations. The consortium also has an emergency backup telephone network to provide care for families whose regular provider becomes unavailable.





b. Maternity protection and benefits



Maternity protection and benefits represent the gender equality issue most frequently included in collective agreements [ Booklet 6 on the ICFTU campaign on maternity protection]. Although pregnancy and maternity are uniquely biologically specific to women, reproduction itself is a social function which should be protected for both women and men. Pregnancy and maternity should not restrict women from their right to work and should not constitute grounds for discrimination against them. Collective bargaining should therefore ensure that:


Statutory rights to maternity protection are observed;
Improvements are made to the protection and benefits provided by law;
Maternity protection is covered in the collective agreement in those countries where there are still no legal provisions.



Maternity protection and benefits should be viewed as a package including non-discrimination, job security, maternity leave, cash benefits, health protection measures and nursing breaks. Unions can bargain to ensure:

Checklist:


Prohibition of pregnancy testing for recruitment or while on the job;
No victimization or loss of job due to pregnancy;
All women employees receive sufficient maternity leave to ensure the recovery of the mother and development of the child;
Any illness related to maternity will warrant extra leave as well as in the case of multiple births such as twins, or other exceptional deliveries such as caesarean delivery;
Maternity leave does not result in decreased job security;
The right to return to the same or similar job after maternity leave, parental or extended leave;
Leave for miscarriage or still birth.

Unions can use collective bargaining to also ensure that pregnant and nursing women are able to continue to work and to cope with their pregnancy and meet family responsibilities by ensuring that they have:


The right to lighter and non-hazardous work, especially where chemicals are used or heavy weight lifted by workers manually;
Flexible working hours so that they can avoid travelling during peak hours, particularly when public transportation is inadequate;
Shorter working hours;
Additional rest breaks;
The ability to move from night work to day work;
The right to nursing breaks without reduction in pay.

Relevant ILO standard:

Maternity Protection Convention, 2000 (No.183)





ILO Maternity Protection Convention, 2000 (No.183)


Scope Article 2 1. This Convention applies to all employed women, including those in atypical forms of dependent work. Health protection Article 3 Each Member shall, after consulting the representative organizations of employers and workers, adopt appropriate measures to ensure that pregnant or breastfeeding women are not obliged to perform work which has been determined by the competent authority to be prejudicial to the health of the mother or the child, or where an assessment has established a significant risk to the mother's health or that of her child. Maternity leave Article 4 1. On production of a medical certificate or other appropriate certification as determined by national law and practice, stating the presumed date of childbirth, a women to whom this Convention applies shall be entitled to a period of maternity leave of not less than 14 weeks. Leave in case of illness or complications Article 5 On production of a medical certificate, leave shall be provided before or after the maternity leave period in the case of illness, complications or risk of complications arising out of pregnancy or childbirth. The nature and the maximum duration of such leave may be specified in accordance with national law and practice. Benefits Article 6 1. Cash benefits shall be provided, in accordance with national laws and regulations, or in any other manner consistent with national practice, to women who are absent from work on leave referred to in Articles 4 or 5. 7. Medical benefits shall be provided for the woman and her child in accordance with national law and regulations or in any other manner consistent with national practice. Medical benefits shall include prenatal, childbirth and postnatal care, as well as hospitalization care when necessary. 8. In order to protect the situation of women in the labour market, benefits in respect of the leave referred to in Articles 4 and 5 shall be provided through compulsory social insurance or public funds, or in a manner determined by national law and practice. An employer shall not be individually liable for the direct cost of any such monetary benefit to a woman employed by him or her without that employer's specific agreement. Employment protection and non-discrimination Article 8 1. It shall be unlawful for an employer to terminate the employment of a woman during her pregnancy or absence on leave referred to in Articles 4 or 5 or during a period following her return to work to be prescribed by national laws or regulations, except on grounds unrelated to the pregnancy or birth of the child and its consequences or nursing. The burden of proving that the reasons for dismissal are unrelated to pregnancy or childbirth and its consequences or nursing shall rest with the employer. 2. A woman is guaranteed the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave. Article 9 1. Each Member shall adopt appropriate measures to ensure that maternity does not constitute a source of discrimination in employment, including - notwithstanding Article 2, paragraph 1 - access to employment. 2. Measures referred to in the preceding paragraph shall include a prohibition from requiring a test for pregnancy or a certificate of such a test when a woman is applying for employment, except where required by national laws or regulations in respect of work that is (a) prohibited or restricted for pregnant or nursing women under national laws or regulations; or (b) where there is a recognised or significant risk to the health of the women or child. Breastfeeding mothers Article 8 1. A woman shall be provided with the right to one or more daily breaks or a daily reduction of the hours of work to breastfeed her child.





c. Family Leave


Family leave allows employees to take time off work to care for their families or recuperate from serious illnesses with a guaranteed job when they return. Unions can bargain for [ Website: http://laborproject.berkeley.edu/">http://laborproject.berkeley.edu/ ]:

Paternity Leave: A male worker whose spouse/partner has a baby requires time off from work to attend to the pressing family needs surrounding birth. Paternity leave also gives an opportunity for the father to bond with the new child and to accept family responsibilities. This might entail taking the woman to and from hospital, attending to the other children during her absence and giving emotional support to the new mother. The union can negotiate for paternity leave (perhaps one to two weeks). It is important that the rate of pay for such leave is considered. Rather than calculating paid leave on the basis of basic pay, average earnings (including average overtime pay) could be used. Paternity leave can be negotiated not just in the event of birth but also to cover the adoption of a child. Leave might also be given in the case of miscarriage or a stillbirth.
Parental leave (paid and unpaid): Parental leave is taken by mothers and fathers to care for newborn, newly adopted or foster care children. It is very effective in reducing turnover, training costs and absenteeism. The best parental leave language provides for paid leave, but many contracts offer unpaid leave as well.



American Federation of Musicians Local 6 negotiated for 13 weeks paid maternity leave for female employees after the birth of a child. Birth fathers and adoptive parents receive one week paid leave after the birth or adoption of a child.




Family Leave: Family leave is broader in scope than parental leave in that it gives an employee the right to take time off from work not only to care for a newborn or newly adopted child but also to care for a family member who is seriously ill or for other family related reasons.



United Steelworkers of America Local 12075 negotiated an agreement with Dow Chemicals Company allowing for up to 24 weeks of unpaid family leave for full-time employees who had worked at least 1,000 hours during the previous year. This leave may be taken by parents of newborn or newly adopted children or by employees who need to take care of seriously ill family members including natural, adopted or stepchildren, spouses or an employee's or spouse's parents.




Part-time return to work: Many new parents want to work part-time after children are born or adopted. Unions have bargained for part-time return to work for new parents. Unions can also negotiate for a parent to work part-time for a defined period, for example, up to two years at the end of which time the worker decides whether he or she wants to remain permanently part-time or to return to full-time.



The Newspaper Guild Local 52 negotiated a contract allowing a new mother or father to work part-time until his or her child is in kindergarten.




Short-term leave: Working families often need the flexibility to take short periods of time off from work, such as a day or two, a half day or just a few hours. Unions can bargain contracts allowing members to take time off for various personal reasons, including school-related activities and adoption proceedings.



Service Employees International Union Local 790 bargained for paid time off for parents and legal guardians to attend conferences with teachers about their children. The benefit allows for release time of up to two hours per semester without loss of pay, if supporting documentation is provided.



Donated leave and leave banks: Some union contracts allow employees to donate their own leave directly to another employee who has used all of his or her own leave or to a leave bank. Donated leave and leave banks usually are reserved for employees experiencing serious family or personal crises.



New York State Nurses Association negotiated to create a policy allowing an employee to donate his or her unused sick leave to another employee suffering from a catastrophic illness.




Expanded definition of "family": The traditional idea of "family" as composed of a mother, father and several children does not describe many of today's working families. The definition of family in leave clauses is being broadened to include many different kinds of relationships.

The Public Employees Union of Berkeley bargained to define immediate family as: the mother, father, grandmother or grandfather of the employee or of the spouse of the employee; the spouse, domestic partner, son or daughter of the domestic partner; the son, son-in-law, daughter, daughter-in-law, brother or sister of the employee; or any relative living in the immediate household of the employee.







2.4. Hours of work [ Olney et. al. 1998, Booklet 2 ]

a. Flexible working time



Flexible working time agreements allow employees to start and end work during some range of hours. Management could be persuaded to be flexible on working hours, for example, core working hours of six hours per day with flexible working hours on either side, as long as a certain number of hours are covered per week. In other cases, there is an averaging of annual hours. Working only during the school term is also becoming a trend in some countries. The benefits of flexibility for both management and workers should be identified. The union can negotiate the terms and methods of monitoring flexi-time.



Checklist:


Bargain for flexible working hours, including the terms and methods of monitoring flexi-time;
Ensure that management arranges the workload so that work is evenly distributed throughout the "flexible" workday;
Negotiate compressed work weeks where employees work extra time over a certain number of days and have a day off;
Negotiate salary deferral and personal leave plan whereby workers bank a proportion of their salary in preparation for a paid leave;
Negotiate sabbaticals for those who require regular updating in their fields. While sabbaticals are not designed to address family responsibilities, they could be scheduled to coincide with a family event;
Conduct educational sessions with members about work and family issues that address co-worker resentments about those working non-standard days;
Give workers with heavy family responsibilities preference in the selection of hours and holiday schedules.




b. Part-time work with benefits [ Booklet 4 ]



The majority of part-time workers tend to be women. For some women, part-time work is a necessity because of their family responsibilities and the lack of dependent care facilities. But many women have no choice because there are no full-time jobs available. All too often, part-time workers are disadvantaged in terms of:

• earning lower hourly rates of pay (this is contrary to the principle of equal pay for equal work);
• ineligibility for pensions and other benefit schemes;
• ineligibility for various forms of leave;
• limited training and promotion possibilities;
• the perception that they are less committed workers, thus affecting career development.




Bargaining can be used to ensure that:

Checklist:


Various types of part-time work arrangements (not just 50 per cent of full-time) are possible;
There is equal treatment for part-time and full-time workers, including the same basic hourly and overtime pay rates;
Part-time employees receive the same benefits and have the same conditions as full-time employees;
Where benefits, such as medical care and access to welfare facilities, are not appropriate for pro-rating, part-time workers are entitled to full benefits (Transport benefits and other cash benefits which are unsuitable for systematic pro-rating may be more appropriately awarded to all workers on a needs basis);
Part-time workers have rights with respect to lay-off, including severance pay;
Avoid thresholds built into eligibility requirements and qualifying conditions, such as minimum number of hours worked or earnings.




Relevant ILO standard:

Part-time Work Convention, 1994 (No.175)



Part-time Work Convention, 1994 (No.175)


Article 4 Measures shall be taken to ensure that part-time workers receive the same protection as that accorded to comparable full-time workers in respect of: (a) the right to organize, the right to bargain collectively and the right to act as workers' representatives; (b) occupational safety and health; (c) discrimination in employment and occupation. Article 5 Measures appropriate to national law and practice shall be taken to ensure that part-time workers do not, solely because they work part-time, receive a basic wage which, calculated proportionately on an hourly, performance-related, or piece-rate basis, is lower than the basic wage of comparable full-time workers, calculated according to the same method. Article 7 Measures shall be taken to ensure that part-time workers receive conditions equivalent to those of comparable full-time workers in the fields of: (a) maternity protection; (b) termination of employment; (c) paid annual leave and paid public holidays; and (d) sick leave It being understood that pecuniary entitlements may be determined in proportion to hours of work or earnings.





c. Other types of alternative work schedules

[ Website: Telecommuting: is working from a site other than the central worksite, usually home. Unions have traditionally opposed telecommuting because work at home is difficult to regulate and could easily become "sweatshop" labour. Another union objection is that workers who telecommute become isolated from each other and difficult to organise. However, telecommuting can offer workers a great deal of flexibility. Women are much more likely than men to be engaged in telecommuting

[ Booklet 5 on homeworkers ]

Service Employees International Union Local 660 negotiated telecommuting standards for county employees under which workers telecommute voluntarily, while spending some days each week at the office. Employees working at home receive all benefits including overtime and are eligible for workers' compensation for job-related accidents. International Brotherhood of Electrical Workers Locals 827 and 1944 bargained with Bell Systems for a telecommuting arrangement allowing clerical staff to work from home. Bell Systems pays for telephone lines and other necessary equipment. Under the contract, the employer also compensates employees for 30 minutes of time monthly to attend union meetings and provides voice mail to allow the union to communicate with telecommuting members.




Job sharing: is increasingly a solution for certain kinds of work to allow the combining of work and family responsibilities. Under a job-sharing arrangement, two part-time employees share one full-time job, taking responsibility for the tasks to be done. The two employees divide the full-time salary between them according to hours worked. Benefits and seniority often are pro-rated according to hours worked, although in some job-sharing situations both may receive full benefits and/or seniority. Job sharers may be in the same legal position as employees who work part-time. Unions can negotiate to ensure that:
• employee's right to enter into a job share arrangement is protected. Job sharing should be available to those who want it and at all levels of employment, not just in low-grade jobs;
• standards are established for job sharing. Job sharers should have the same conditions and access to pay and benefits as full-time workers.

Compressed work week: Compressed work schedules allow full-time workers to work all their hours in fewer than five days per week. Common examples of this are schedules allowing workers to work four 10-hour days for an extra day off per week, or eight 9-hour days and one 8-hour day for an extra day off every two weeks.
Making overtime voluntary : For many working families, being forced to stay at work past the regularly scheduled end time can be very stressful, particularly for working mothers who do not have backup arrangements for child care. Unions can negotiate to make overtime voluntary and thereby protect employees from this loss of power over their daily schedules.
Shift swaps: A shift swap provision in a collective bargaining agreement allows workers to exchange shifts or workdays voluntarily to accommodate family needs, such as attending school events or medical appointments.
Voluntary reduced time: allows an employee to reduce the number of hours she or he works in a week in order to have extra time to take care of personal or family needs.

2.5. Health and safety of workers



Historically, occupational safety and health concerns have focussed on male dominated occupations, a practice established before the influx of women into the paid labour force. Women's work was assumed to be safe because the more obvious dangers inherent in many male occupations do not exist. However, women are exposed to health and safety hazards in the work place. For example, female industrial workers in highly competitive export-oriented industries, tend to be exposed to a range of physical safety and health problems in the work environment, as well as psychological stress. Women are also more likely than men to work in smaller establishments where occupational safety and health standards are often poor.



Unions need to negotiate health and safety processes and procedures which take women into account and which include access to information and training, workplace joint committees in which women are members, and special provisions for women who are pregnant or nursing. Relying on legislation and labour inspections is not sufficient. Unions should negotiate to ensure:

Checklist:


Access to information regarding what chemicals or dangerous substances workers are using, and proper instructions, information, labelling and disposal procedures are provided;
Adequate protective equipment and clothing and training on safety procedures are provided;
Adequate ventilation and lighting are provided;
Workers are protected from exposure to extreme temperatures;
Noise does not exceed legally admissible levels;
Proper ergonomic principles are adhered to regarding workstation design and working positions, including provisions for work performed seated and/or standing;
Better designed workstations and tools and improved work organization to reduce the risk of repetitive strain injuries;
Annual employer-paid eye examinations, especially for those working with computers;
Separate toilet and rest room facilities for women workers;
Special health and safety provisions to protect pregnant women and foetuses, including:
• not assigning pregnant women to heavy manual tasks, night work or arduous tasks;
• ensuring adequate access and space for movement around machines and equipment;
• providing sitting facilities;
• granting sufficient rest periods;
• possibility for pregnant or nursing women to transfer to other work where necessary.

a. HIV / AIDS



"A climate of discrimination and lack of respect of human rights leaves workers more vulnerable to infection and less able to cope with AIDS because it makes it difficult for them to seek voluntary testing, counselling, treatment or support; they will also not be in a position to take part in advocacy and prevention campaigns" ⁽⁴⁾



"The gender dimensions of HIV/AIDS should be recognized. Women are more likely to become infected and are more often adversely affected by the HIV/AIDS epidemic than men due to biological, socio-cultural and economic reasons. The greater the gender discrimination in societies and the lower the position of women, the more negatively they are affected by NIV. Therefore, more equal gender relations and the empowerment of women are vital to successfully prevent the spread of HIV infection and enable women to cope with HIV/AIDS" ⁽⁵⁾





The ILO formally launched a Code of Practice on HIV/AIDS and the World of Work at the United Nations General Assembly Special Session on HIV/AIDS in New on 25-27 June 2001. The Code focuses on the world of work because of the 36 million people infected with HIV worldwide, it is estimated that at least 23 million, or three-quarters, are working people aged 15-49 years
[ An ILO Code of Practice on HIV/AIDS and the World of Work, ILO Website]. HIV/AIDS is a workplace issue and should be treated like any other serious illness/condition in the workplace. This is necessary not only because it affects the workforce, but also because the workplace, being part of the local community, has a role to play in the wider struggle to limit the spread and effects of the pandemic. In the spirit of decent work and respect for the human rights and dignity of persons infected or affected by HIV/AIDS, there should be no discrimination against workers on the basis of real or perceived HIV status. Discrimination and stigmatization of people living with HIV/AIDS inhibits efforts aimed at promoting HIV/AIDS prevention.



The Code emphasizes the gender dimension. HIV/AIDS affects women and men differently in terms of vulnerability and impact. There are biological factors which make women more vulnerable to infection than men, and structural inequalities in the status of women that make it harder for them to take measures to prevent infection, and also intensify the impact of AIDS on them:

• Many women experience sexual and economic subordination in their marriages or relationships, and are therefore unable to negotiate safe sex or refuse unsafe sex.
• The power imbalance in the workplace exposes women to the threat of sexual harassment.
• Poverty is a noted contributing factor to AIDS vulnerability and women make up the majority of the world's poor; in poverty crisis, it is more likely to be a girl child who is taken out of school or sold into forced labour or sex work.
• Women's access to prevention messages is hampered by illiteracy, a state affecting more women than men worldwide - twice as many in some countries.
• Women make up a substantial proportion of migrants within countries and, together with children, they represent over three-quarters of refugees; both of these states are associated with higher than average risks of HIV infection. In conflict situations, there is an increasing incidence of the systematic rape of women by warring factions.
• The burden of caring for HIV-infected family and community members falls more often on women and girls, thus increasing work loads and diminishing income-generating and schooling possibilities.
• Sexist property, inheritance, custody and support laws mean that women living with HIV/AIDS, who have lost partners or who have been abandoned because they are HIV positive, are deprived of financial security and economic opportunities; this may in turn, force them into `survival sex'; the girl child is especially vulnerable to commercial sexual exploitation.
• Studies show the heightened vulnerability of women, compared to men, to the social stigma and ostracism associated with AIDS, particularly in rural settings, thus leaving them shunned and marginalized; this again increases the pressure on them to survive through sex.
• The work that women carry out - paid or unrecognized - is more easily disrupted by AIDS; for example, women dominate the informal economy where jobs are covered neither by social security nor by any occupational health benefits.
• Fewer women than men are covered by social security or occupation-related health benefits.
• Men are often victims of stereotypes and norms about masculine behaviour which may lead to unsafe sex and/or non-consensual sex.
• Men are over-represented in a number of categories of vulnerable workers, and may also find themselves through their employment in situations which expose them to unsafe sex between men.
• Given the prevailing power relations between men and women, men have an important role to play in adopting and encouraging responsible attitudes to HIV/AIDS prevention and coping mechanisms.




The 17^th World Congress of the ICFTU in April 2000 established a Programme of Action to address HIV/AIDS [ also Booklet 6 , Section 4.2] which calls for trade unions to: ⁽⁶⁾

• engage their respective governments and employers to support the strengthening of occupational health and safety programmes for informing and protecting groups at work, eliminate the stigma and discrimination attached to HIV/AIDS, fight the culture of denial of HIV/AIDS, help remove the cultural prejudices and barriers related to HIV/AIDS, maintain HIV/AIDS affected workers in social protection systems, and develop social and labour programmes that can mitigate the effects of HIV/AIDS;
• run preventive action programmes such as awareness raising campaigns, information dissemination activities and educational courses and seminars;
• actively support the treatment action campaign for access to low-cost, good quality essential medicines by building solidarity across national borders and initiating and facilitating these campaigns in countries where it has not yet begun;
• campaign for the provision of low-cost life saving drugs;
• campaign for the elimination of discrimination in access to insurance, medical and pension schemes for persons with HIV or AIDS;
• support efforts to address the special needs of women. Efforts must be made to overcome existing cultural barriers, ignorance and inequality, as well as the economic burdens which are placed upon women because of HIV/AIDS.




In areas where there is a known high incidence of HIV/AIDS in the general population, unions can play an active role in providing appropriate health education to workers and their families, even where the risk is not necessarily occupational. The workplace is an excellent forum for combatting the pandemic because it unites large numbers of the age group at risk and provides an environment for people to learn about and discuss the issue. The work councils/ health and safety committees (comprising both management and workers) in many workplaces can launch HIV/AIDS awareness campaigns and educational programs. Confidential counselling services can also be provided quite effectively. A written workplace policy on HIV/AIDS should be developed.



A workplace HIV/AIDS policy should include the following:

Checklist:

Definition and facts:
• Definition of HIV infection and AIDS;
• Explanation of how HIV is transmitted and stages of the illness.
Human rights:
• Respect for the human rights and dignity of persons infected or affected by HIV/AIDS and no discrimination against workers on the basis of real or perceived HIV status;
• Employees with HIV/AIDS have the right to fair and compassionate treatment;
• HIV/AIDS is not a cause for termination of employment;
• As with many other conditions or illnesses, employees with HIV/AIDS are entitled to work as long as their condition permits and must be given reasonable accommodation regarding their schedule, duties or conditions of work;
• Employees with HIV/AIDS have the right to equal benefit coverage.
Safety:
• Employers have a legal obligation to provide a safe and healthy working environment;
• Employers shall institute universal safety procedures where exposure to blood and body fluids is likely to occur.
Confidentiality:
• There is no justification for asking job applicants or workers to disclose HIV-related personal information;
• Nor should co-workers be obliged to reveal such personal information about fellow workers;
• Infected employees have the right to confidentiality concerning their medical status.
Accommodation:
• Employers and unions have an obligation to make reasonable accommodations to schedules, duties and conditions of work for infected employees.
Support:
• Solidarity, care and support should guide the response to HIV/AIDS in the world of work;
• All workers, including workers with HIV, are entitled to affordable health services;
• Employees with HIV infection shall be given information on where they can have access to counselling, support and treatment.
Non-Discrimination:
• Harassment and discriminatory or stigmatizing acts against an employee with HIV infection shall not be tolerated;
• HIV/AIDS screening should not be required of job applicants or persons in employment;
• There should be no discrimination against workers with HIV and their dependents in access to and receipt of benefits from statutory social security programmes and occupational schemes.
Education:
• Ongoing education shall be provided to dispel myths about HIV/AIDS, explain the workplace care and compassion policy and human rights legislation and promote safe work practices.
Review:
• The employer shall regularly review and update the policy to reflect current knowledge and circumstances in the workplace.



Collective agreement covering HIV/AIDS


Agreement between the National Union of Mineworkers and the Chamber of Mines of South Africa: Objective: The objective of this agreement is to provide industry-level guidelines: 1. to minimize the effect of HIV in the mining industry; 2. to prevent the spread of HIV infection; and 3. for the management of HIV infection in the employer/employee relationship. Policy: 1. General Principle: Whilst recognizing that there are circumstances unique to HIV infection, the fundamental principle to be applied is that HIV infection and AIDS should be approached on the same basis as any other serious condition. 2. Rights of the individual employee: 2.1. Rights of employees who are HIV-positive: HIV positive employees will be protected against discrimination, victimization or harassment. 2.2. Testing: No employee should be required to undergo an HIV test at the request, or upon the initiative of management or an employee organization, provided that where HIV testing is intended in specified occupations on medical grounds. 2.3. Employment opportunities and termination: No employee should suffer adverse consequences, whether dismissal or denial or appropriate alternative employment opportunities which exist, merely on the basis of HIV infection.. 2.4. Counselling: Appropriate support and counselling services will be made available to employees. 2.5. Benefits: Employees who are clinically ill or medically unfit for work will enjoy benefits in terms of the relevant conditions of employment as negotiated from time to time between the parties. 3. Epidemiological testing: ............ 4. Testing standards: ................... 5. Awareness and education programmes: 5.1. In the absence of vaccine or cure, information and education are vital components of an AIDS prevention programme because the spread of the disease can be limited by informed and responsible behaviour. 5.2. Appropriate awareness and education programmes will be conducted to inform employees about AIDS and HIV which will enable them to protect themselves and others against infection by HIV. 5.3. The involvement of employees and their recognized representatives is of key importance in awareness, education and counselling programmes to prevent the spread of AIDS as well as in the support for HIV-positive employees. 5.4. The employer will consult with employees and their recognized representatives on current and future programmes and their implementation, at mine level. 6. Lifestyle changes: 6.1. It is acknowledged that it is the role of each individual to prevent the transmission of HIV through informed and responsible behaviour and the parties also recognize that socio-economic circumstances can influence disease patterns in communities. 6.2. The parties agree to consider at mine level the socio-economic environment and lifestyles in relation to the effective prevention of HIV infection. 7. Health care workers: 7.1 The policy recognizes the professional and ethical guidelines for heathcare workers as stipulated by the relevant statutory bodies. Source: L. N'Daba and J.Hodges-Aeberhard. 1998. HIV/AIDS and Employment Geneva: ILO, pp.69-71.





b. Violence in the workplace

[ Website: http://www.clc.-ctc.ca/woman/bargain5.html,

also ICFTU Trade Union Action Programme on Violence Against Women ]



Violence in the workplace may occur between co-workers or workers may be subjected to violence from customers or clients.



Firstly, there is an increasing number of attacks on workers in general, especially in the service sectors, both public and private. Some workers are more at risk because of the nature of their work. Workers that handle money or valuables, workers that work in care giving institutions, deal with complaints or work with people in distress, those who work alone and those involved in inspecting or enforcing legislation and policies tend to be at highest risk of encountering violence. Workers in banks, post offices, retail stores, government offices, health care, social work, education, public housing and transportation are most at risk.



Women are concentrated in many of these sectors, particularly as teachers, social workers, nurses or other healthcare workers and bank and shop workers. They often bear the brunt of violence and physical and verbal abuse at work.



Secondly, violence at work, including sexual harassment, can also take the form of a power display, intimidation or abuse from a supervisor or co-worker. Violence between co-workers should be treated as a serious disciplinary (or even criminal) offence and perpetrators disciplined accordingly. Violence can be physical or emotional and include abuse, assault or threats. Particular forms of violence are harassment, bullying or mobbing.



"Harassment" encompasses any act, conduct, statement or request which is unwelcome to a worker and could, in all the circumstances, reasonably be regarded as harassing behaviour of a discriminatory, offensive, humiliating, intimidating or violent nature or an intrusion of privacy [ also definition of sexual harassment in section 3.4.1 d above].



"Bullying/mobbing" can be defined as "repeated or persistent aggression, by one or more persons, whether verbal, psychological or physical, at the workplace or in connection with work, that has the effect of humiliating, belittling, offending, intimidating or discriminating against a worker. Bullying/mobbing can include:

• measures to exclude or isolate a worker from professional activities;
• persistent negative attacks on personal or professional performance without reason or legitimate authority;
• manipulation of a worker's personal or professional reputation by rumour, gossip or ridicule;
• abusing a position of power by persistently undermining a person's work or setting objectives with unreasonable and/or impossible deadlines, or unachievable tasks;
• unreasonable or inappropriate monitoring of a person's performance; and
• unreasonable and/or unfounded refusal of leave and training.




Women are more vulnerable to such violence, due to their position in the labour market. The continued segregation of women in low-paid and low-status jobs, while men predominate in better-paid, authoritative and supervisory positions contributes to the problem.



Women migrants are particularly at risk. Domestic workers who are often migrant workers, suffer gross mistreatment including physical and sexual abuse and forced labour [Booklet 4 , Sections 4.7 and 4.8]. These women are doubly vulnerable because of their gender and their being foreigners and often working illegally.

Protecting employees from violence and sexual harassment is a fundamental responsibility of employers and should be seen as a gender discrimination issue and a mainstream health and safety issue. In many countries, incidents involving violence at work fall outside the scope of reporting requirements for accidents at work and other health and safety requirements. Often, employers do not have in place appropriate mechanisms and procedures to deal effectively with the problem of violence to their employees. Unions and employers should together develop and put into practice policies and procedures for reporting, investigating and dealing with violence. These should be evaluated and monitored.

Model collective agreement provisions on violence at work


1. Definition of violence: Violence shall be defined as any incident in which an employee is abused, threatened or assaulted during the course of his/her employment. This includes the application of force, threats with or without weapons, severe verbal abuse and persistent sexual and racial harassment. 2. Violence policies and procedures: The employer agrees to develop explicit policies and procedures to deal with violence. The policy will address the prevention of violence, the management of violent situations and the provision of legal counsel and support to employees who have faced violence. The policies and procedures shall be part of the employer's health and safety policy and written copies shall be provided to each employee. 3. Measures and procedures to prevent violence to employees: The employer agrees that, in all cases where employees or the union identify a risk of violence to staff, the employer shall establish and maintain measures and procedures to reduce the likelihood of incidents to the lowest possible level. It is understood that the measures and procedures are in addition to and not a replacement for a training programme about dealing with violence. In developing measures and procedures to prevent violence, priority will be given to options such as job redesign, adequate staffing levels and improving the working environment, before considering the need for personal protection or alarms. 4. Function of workplace union-employer health and safety committee: All incidents involving aggression or violence shall be brought to the attention of the health and safety committee. The employer agrees that the health and safety committee shall concern itself with all matters relating to violence to staff, including but not limited to: (i) developing violence policies; (ii) developing measures and procedures to prevent violence to staff; (iii) receiving and reviewing reports of violent incidents; and (v) developing and implementing violence training programmes. Where no union-employer health and safety committee has been established, the employer agrees to consult with the union. 5. Staffing levels to deal with potential violence: The employer agrees that, where there is a risk of violence, an adequate level of trained employees must be present. The employer recognizes that workloads can lead to fatigue and a diminished ability both to identify and to subsequently deal with a potentially violent situation. Source: CUPE Health and Safety Department, 1994: Violence at Work Campaign.





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References and additional reading



Bercusson, B. and L. Dickens. 1998. Equal Opportunities and Collective Bargaining in Europe Defining the Issues. Dublin: European Foundation for the Improvement of Living and Working Conditions.



Canadian Labour Congress. 1998. Bargaining for Equality. CLC Women's Symposium. November 1-3.



Chappell, D. and V. Di Martino. 1998. Violence at Work. Geneva: International Labour Office.



Commission of the European Communities. 1996. A Code of Practice on the Implementation of Equal Pay for Work of Equal Value for Men and Women. Brussels: EC.



European Trade Union Confederation (ETUC), Union of Industrial and Employers Confederations (UNICE) and European Centre of Enterprises with Public Participation (CEEP). 1995. Women and Training in Europe. 50 Projects which Challenge our Traditions. A Compendium of Good Practice published at the initiative of the European Social Dialogue. Brussels: ETUC.

Hodges-Aeberhard, J. 1999. Policy and Legal Issues relating to HIV/AIDS and the World of Work. Geneva: International Labour Office.



International Confederation of Free Trade Unions (ICFTU) Equality Department. Undated.Sexual Harassment at Work: A Trade Union Guide. Brussels: ICFTU.



International Confederation of Free Trade Unions (ICFTU) 1994. Union Action Programme on Violence Against Women. Adopted by the ICFTU 6^th World Women's Conference. Brussels: ICFTU.



____________________________________________________ 2000. "Fighting HIV/AIDS". Decisions adopted by the 17^th. World Congress of the ICFTU Durban 3-7 April.



International Labour Office. 2000. HIV/AIDS: A Threat to Decent Work, Productivity and Development. Document for discussion at the Special High Level Meeting on HIV/AIDS and the world of work. Geneva, 8 June.



International Labour Organization. 2001. An ILO Code of Practice on HIV/AIDS and the World of Work. Geneva, ILO.



N'Daba, L. and J. Hodges-Aeberhard. 1998. HIV/AIDS and Employment. Geneva: International Labour Office.



Olney, S., E. Goodson, K. Maloba-Caines and F.O'Neill. 1998. Gender Equality: A Guide to Collective Bargaining. Geneva: International Labour Office.



Reinhart, A. 1999. Sexual Harassment An ILO Survey of Company Practice. Geneva: International Labour Office.



States Services Commission New Zealand. Undated. Equity at Work: An Approach to Gender-Neutral Job Evaluation.



Trade Union Congress of the Philippines (TUCP). 1999. TUCP Policy on Sexual Harassment. Quezon City: TUCP.



Trades Union Congress United Kingdom. Undated. Working Women A TUC Handbook for All Trade Unionists. London: TUC.



Trades Union Congress United Kingdom. 1989. Equality in Occupational Pension Schemes. London: TUC.



Websites:

http://www.clc-ctc.ca/woman/bargntc.html (Canadian Labour Congress, on Bargaining for Equality)

http://www.clc-ctc.ca (Canadian Labour Congress)

http://www.aflcio.org/women/exec99 (AFL-CIO, on equal pay for working families)

http://www.vl28.dial.pipex.com (TUC)

ICFTU harassment)

http://laborproject.berkeley.edu (AFL-CIO Labor Project)





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Additional examples and case studies



Equal opportunities agreements

1. IUF/Nestle Sweden "We shall actively and resolutely: work to ensure that work places, the organization of work, the working environment and working conditions are generally organized so as to suit both women and men; work to ensure that paid employment can be combined with parental responsibilities; ensure that women and men have equal pay in similar positions with comparable qualifications and generally have the same conditions of employment; work to ensure that all employees in the Group know what the equal opportunities legislation means and what Svensksa Nestle is aiming for; work to ensure that women and men have equal opportunities in employment, training, promotion and further development; ie. to work against all gender discrimination; work to ensure that no employee is subjected to sexual harassment or to harassment for making complaints about gender discrimination; work to ensure constructive consideration of the differences between women and men. Thereby we will reach maximum effectiveness and profitability for successful joint development." 2. International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) Asia Pacific IUF Asia Pacific has prepared a charter of clauses relating to women workers' issues, including: "Management agrees to establish a programme jointly with the union within 3 months of the signing of this agreement to undertake a review of the company's employment practices in order to remove discriminatory practices and to introduce positive measures to assist the disadvantaged group ie. female employees, to overcome past and current discrimination and to provide a written report of the de facto situation in the company with respect to gender equality as well as the remedial measures adopted". 3. CFDT and CGT with Eurotec-Manducher A Professional Equality Plan has been signed by the CFDT and CGT with one of the leading French companies in the manufacture of plastic technical parts, with the aim of giving maximum career opportunities to its women workers. Under the agreement, equality of opportunity is broadly interpreted. The initiatives are intended to help both women and men to develop their career opportunities. Training is provided to ease the access of women to jobs traditionally held by men. The training focuses on their technical knowledge and on their career evolution prospects. But each worker, male and female, is encouraged to find something that suits him or her in the much wider range of opportunities offered. At the same time and in light of the difficulties encountered in changing mentalities, courses promoting knowledge of the equality strategy are run for supervisory managers and heads and for staff managers. Everyone in the company is involved. The training courses under the agreement have been paying off. Almost as many women as men have been taking the courses, and women are now to be found in the traditionally male-dominated jobs. Source: ETUC, UNICE and CEEP. 1995. Women and Training in Europe. Brussels: ETUC, p.44 4. IUF/Nestle Austria "The Company declares its conviction to implement equal opportunities for female staff at all levels, to uphold all laws and statutes pertaining to equal treatment and to uphold the participation rights of the works council laid out in the Constitutional Labour Act. Support for the development of our female staff is an important element of our Personnel Policy. It is our goal to increase the proportion of women at levels and in the jobs in which they have been under-represented. Equal opportunities does not mean unlimited preference for women regardless of their qualifications. Equal opportunity will become a permanent item of the Central Works Council's Meetings agenda, where its implementation progress will be reviewed and discussed. The following binding principles which have been agreed upon and documented with the labour representatives are to be implemented: equal pay for identical or equivalent employment within the framework of the collective agreement and within the framework of the Company's special statutes equal working conditions in any field of activities support for promotion through the involvement of female staff in all personnel development activities and training measures. Further development is subject of the performance talks between superior and subordinate, whereby women are not to be discriminated exploitation of all possibilities for part-time employment. Job openings are to be offered to part-time female employees whenever possible in order to provide them with the opportunity to switch to full-time employment avoidance of obstacles that may possibly have a negative effect on hiring and promoting women encouragement of women to apply for positions traditionally considered male occupations (eg. sales field staff, production staff) new staff appointments through recruiting from inside or from outside will be solely based on the applicant's qualifications and merits regardless of sex our job application forms and job interviews will continue to be free of any discrimination questions female staff who are on maternity leave will be contacted regularly by their departments and be sent the Company magazine". 5. A collective agreement between the social partners at ENEL, the Italian public electricity board defined the various aims in the area of equal opportunities. The wide range of measures include information, training and also social schemes for women employees such as full pay during maternity leave. The agreement is part of a rational policy to instigate change by influencing the corporate culture. The company is also counting on a snowball effect, whereby the youngest employees help change attitudes. All new graduates joining the company start out by taking a special training course. This includes a module on equality of opportunity. Regardless of sex, all new employees are informed of the working conditions of women, the legislation on equal opportunities and company policy in favour of equality. While collar women employees are given the same training courses as their male colleagues. But special courses have been set up for women secretaries, so as to foster a new approach to the profession of secretary, less mechanical and more participatory. Source: ETUC, UNICE and CEEP. 1995. Women and Training in Europe. Brussels: ETUC, p.22.





Collective agreements on violence at work

1. In Norway, the basic agreement of 1994 between the Norwegian Confederation of Trade Unions (LO) and the Confederation of Norwegian Business and Industry establishes the express right for workers to refuse to work with persons who have exhibited such improper conduct: "Employees have the right to refuse to work with, or under the management of, persons who have shown such improper conduct that, according to the norms of working or social life generally, it ought to justify their dismissal. Discussions between employers and shop stewards should be held immediately if such situations arise. If they fail to reach agreement, there shall not be any stoppage or other forms of industrial action". 2. In the United Kingdom, UNISON has developed a Model Agreement on Tackling Violence in the National Health Service. The development and implementation of policies to tackle violence must be the subject of negotiation and agreed at all stages between management and trade union representatives. Full use must be made of the safety and representatives and safety committees. This must include adequate information and opportunities for additional union-approved training for safety representatives; adequate arrangements to investigate cases of violence and assault; and provision for safety committees to review the effectiveness of anti-violence policies. 3. The Manufacturing, Science and Finance Union (MSF) in the United Kingdom has published a Guide to Prevention of Violence at Work, which stresses that a successful strategy in this area can only be achieved if employees are fully involved in its development. The employer must consult fully with safety representatives over the strategy, and over the planning and organization of any training provided as part of that strategy. Source: D. Chappell and V. Di Martino, 1998. Violence at work. Geneva: ILO, pp.96-98.







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Endnotes

1. Trades Union Congress. Working Women A TUC Handbook for All Trade Unionists. London: TUC, p.71. 2. Bercusson, B. and L. Dickens. 1998. Equal Opportunities and Collective Bargaining in Europe Defining the Issues. Dublin: European Foundation for the Improvement of Living and Working Conditions. p.21. 3. Commission of the European Communities. 1996 A Code of Practice on the Implementation of Equal Pay for Work of Equal Value for Men and Women, Brussels, EC, p.8. 4. ILO. 2001. An ILO Code of Practice on HIV/AIDS and the World of Work. Geneva: ILO., p.4.26 5. Ibid. p.4 6. ICFTU. 2000. "Fighting HIV/AIDS". Decisions adopted by the 17^th. World Congress of the ICFTU Durban 3-7 April 2000.

 

Index ¦ e.quality@work

 

Updated by IC. Approved by GT. Last update: 05 Septmber 2003.