Collective bargaining. An instrument for equality

Gender! A Partnership of Equals
Geneve: International Labour Office, 2000. 115 p.

Collective bargaining
An instrument for equality

Collective bargaining is crucial to the promotion of equality in employment. Well beyond maternity leave and benefits, a broad range of specific gender issues should be considered in the negotiations, as well as the gender implications of "traditional" bargaining issues.

Why bargain for gender equality? For several reasons:

Women's concerns have traditionally been overlooked in this process
Legislative rights and protection of working women may be inadequate
Even in the presence of legislation, implementation and enforcement may be ineffective
"Traditional" and apparently "neutral" attitudes about women in employment must be changed
Some non-pay issues may be easier to bargain for in difficult economic times
It demonstrates the commitment of the union and the employer to gender equality

Issues for negotiation

Wages and benefits: Equal pay for work of equal value (and equivalent performance evaluation), overtime available for all workers, job classification, pension schemes, housing benefits, transportation benefits, medical benefits
Hours of work: Basic hours and overtime (no gender differentiation or discrimination), part-time work, flexible working time, job-sharing, night work, accommodating expectant and nursing mothers and those with family responsibilities
Leave: Annual leave, compassionate leave, leave taken to fulfill family responsibilities, medical and sick leave, paid education leave, training leave
Health, safety and working environment: Exposure to chemicals and hazardous substances, carrying heavy weights, hazardous waste, ventilation, noise, work positions, impact of new technologies, control measures and personal protective equipment, welfare facilities and services, accommodating disabled workers, HIV and AIDS information, health and safety committees
Job security: Criteria/schemes for non-discriminatory redundancy
Maternity protection and benefits: Maternity leave, cash benefits, leave and health care in the case of miscarriage or stillbirth, adoption leave, reproductive health care, flexible working hours, lighter work for pregnant women and nursing mothers, nursing breaks, job security
Family responsibilities: Paternity leave, parental leave, family leave, family care services (child care, care of the elderly), protection against discrimination and victimization
Defending the rights of non-permanent and vulnerable workers: Casual, temporary, task, seasonal, contract, part-time, rural, domestic and migrant workers, homeworkers, indigenous and tribal peoples
Dignity at the workplace: Equal opportunities clause, use of gender-inclusive language, equality officer or women's committee, training in equal opportunities issues for those involved in recruitment and negotiations, sexual harassment policy, information, policies and procedures for reporting, investigating and dealing with violence, including harassment, bullying and mobbing
Giving women a voice: Positive measures in recruitment, training and promotion to overcome the effects of past discrimination and to promote gender balance in the workplace

Before the negotiations

Preparing carefully beforehand is essential to ensure that gender issues and perspectives are taken into account in the process. Here's what needs to be done:

Preparing for effective gender bargaining

Women's committees or equal opportunities committees should play a key role in formulating demands and examining proposed and existing clauses for discrimination
Determine the views of women who are absent or silent at meetings
Gather available statistics regarding women in the workplace and the sector (for example, number of women in different job categories, pay differential between women and men)
Existing rights: Determine what rights already exist under the collective agreement, legislation, government policies and work rules, and how collective bargaining can be used to extend or secure existing rights
Identify and prioritize the needs of all workers

After the negotiations

Follow-up beyond the signing of the collective agreement is essential in promoting gender equality in employment. Here's what needs to be done:

Post-bargaining measures

Negotiated policies, rights and benefits should be communicated to all workers, permanent and non-permanent, on a regular basis
Ongoing gathering of statistics on the number of women and men hired, promoted and dismissed, as well as the numbers in all job categories, salary levels and training programmes
Regular monitoring of the implementation and effectiveness of collectively bargained policies, rights and benefits
Include equality issues in educational and training programmes
Publicize the work done by the union and the employer on gender issues

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Gender! A Partnership of Equals Geneve: International Labour Office, 2000. 115 p.

Collective bargaining An instrument for equality

Gender! A Partnership of Equals
Geneve: International Labour Office, 2000. 115 p.

Collective bargaining
An instrument for equality