Table of Contents

ACCESS TO WORK

WAGES AND BENEFITS

1. Equal pay

2. Overtime

3. Bonus Systems

4 Job classification

5. Pension schemes

6. Housing benefits

7. Transport benefits

8. Medical benefits

HOURS OF WORK

1. Basic hours and overtime

2. Part-time work

3. Flexible working time

4. Job sharing

5. Night work

6. Expectant and nursing mothers

7. Family responsibilities

LEAVE

I. Annual leave

2. Compassionate leave

3. Family responsibilities

4. Medical and sick leave

5. Paid educational leave and training leave

6. Other personal leave

HEALTH AND ENVIRONMENT

I. Health, safety and the environment

2. The physical working environment

3. Impact of new technologies

4. Control measures and personal protective equipment

5. Welfare facilities and services

6. Disabled workers

7. HIV and AIDS information

8. Reproductive health

9. Using health and safety committees at work

10. Role of the safety representative

JOB SECURITY

Access to work

All workers should have  equal access to employment opportunities. Recruitment, selection and employment practices may be discriminatory even in situations where applications are welcome from both men and women: word of mouth advertisements and unjustifiable requirements such as mobility, unsocial working hours, length of previous service and age bars are all examples of this.

Women returning to work after having children are likely to have less previous work history, to be older, to be less mobile and less able to work unsociable hours.

These practices are often reinforced by or not targeted in collective agreements. Bargaining can be used to ensure that all vacancies are properly advertised and that only those requirements that are necessary to carry out the job are demanded.

Wages and benefits

1. Equal pay

I) Equal pay for equal work

Equal pay for equal work is a very different concept from equal pay for work of equal value. The concept of equal pay for equal work implies that similarly qualified women and men will be paid equally only when they perform the same or virtually the same work in equivalent conditions. In practice, this formulation will usually limit the application of the principle of equal pay to work undertaken by women and men in the same area of activity and in the same enterprise.

There are still instances where women receive less pay than men even though they perform the same  or very similar jobs in the same enterprise. Sometimes, though the work is similar, different job titles are used which either identify the gender of the job holder (e.g. store-man, policeman), or which appear neutral but cover jobs exclusively or predominantly carried out by one sex (e.g. typist, messenger). There may be specific male and female rates, or in some cases classifications- such as "A" and "B" rates, which in practice correspond to men and women. Such forms of discrimination cannot be accepted, and must not be legitimized through their inclusion in collective agreements.

II) Equal pay for work of equal value

Equal pay for work of equal value is the more modern and forward looking concept. The principle of equal pay for work of equal value is intended to cover not only those cases where men and women undertake the same or similar work but also the more usual situation where they carry out different work. The concept thus addresses the undervaluing of the jobs undertaken primarily by women, in particular, by comparing those jobs in terms of their actual requirements with the jobs undertaken mainly by men.

Although this formulation of equal pay has been the minimum international standard since I951, it has still not been fully implemented in many cases. It is a more complex concept to apply than equal pay for equal work, but it is essential for promoting equality in the workplace.

The Equal Remuneration Convention, 1951 (No.100)

Article 1

For the purpose of this Convention

(a) 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;

(b) 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.

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, to compare jobs with different content. Many employers have some kind of job evaluation process, but often it is carried out in an informal or non-analytical manner, or is based on traditional systems that maintain or import gender discrimination.

What is job evaluation? It 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 worker are not measured. job evaluation

An example of job evaluation is giving particular values or points to the elements of a job, such as the education level required, strength, skill, responsibility, working conditions, etc. The process of evaluation is not effective however if sex stereotypes are used as this can result in the under valuation of jobs mainly held by women. Evaluation may be biased against qualities regarded as feminine. 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 or people. Where market wage rates are used to establish the relative weight of factors, these may simply reflect historical discrimination in the labour market. In these cases job evaluation will perpetuate rather than eliminate discrimination. There is a need to define and value factors in an objective manner, without being influenced by feminine stereotypes or bound by traditional criteria. New approaches to job evaluation conceptualize work as having human relations skills and emotional aspects, as well as mental and physical aspects.

Many countries now have equal pay legislation or support the principle of equal pay in some way. Unions can negotiate for equal pay and job evaluation schemes whether or not such legislation exists.

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

The Commission of the European Communities has issued a Code of Practice on the Implementation of Equal Pay for Work of Equal Value for Men and Women. It states that, as a first step, information needs to be gathered to establish a general picture of ~ender and pay. The Code sets out a list of key indicators of potential sex bias:

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 unskilled jobs are paid less than the lowest male-dominated unskilled 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, affecting disproportionately one gender.

Different overtime rates apply in different departments, affecting disproportionately one gender.

Holiday entitlements vary between jobs in the same grade affecting disproportionately one gender.

From The commission of the European Communities: A Code of Practice on the Implementation of Equal Pay for Work of Equal Value for Men and Women (Brussels, 1996), p. 8.

Since 1 January 1988 both public and private employers in Ontario, Canada have been legally bound to implement wage scales based on the value of work performed, regardless of the sex of the person doing the work. Pay adjustments must be made if it is found that women are being paid less than men for work of comparable value. The law provides for job evaluation.

The Amalgamated Clothing and Textile Workers Union negotiated a new wage scale under this law with the Arrow Company which raised the pay of 72 sewing machine operators by US$2.95 per hour because their work had been undervalued in comparison to men's jobs in the c6mpany. The following is an excerpt from the Arrow Company Pay Equity Agreement:

Having completed this "job evaluation" study, all of our jobs were ranked by. point total, and using these point totals, all jobs were placed into 7 classes. We found that some of our jobs were undervalued, some were correct and some were found to be overvalued.

From April 2,1990 forward, when general increases are applied, those jobs which are undervalued will receive increases greater than the negotiated amounts. Jobs which were correctly valued will receive the full amount of the negotiated increase. Those jobs found to be overvalued will have a "Maintenance of Earnings" program applied to them. Stated simply this means that we will not reduce any earnings... We will, how ever; apply only a portion of future general increases to these overvalued jobs to bring them into line with all other jobs in the company.1

1Exerpt from Bargaining on women's issues and family concerns: Clauses from ACTWU contracts (ACTWU, Nov.1990).

2. Overtime

Ensure that all workers can benefit from overtime hours paid at overtime rates, including part-time workers.

See section on hours of work below, page 11.

3, Bonus Systems

Since bonus systems concentrate on fixed-term and full-time employment, women are often at a disadvantage. Consideration should be given to concentrating on basic pay increases, which may be of greater benefit to women. Alternatively, bonus systems may be enlarged to include all workers regardless of status (including non-permanent workers), or extended to include grades of jobs which have not traditionally attracted bonus payments. It is important, of course, to ensure that bonuses are paid without discrimination, either direct or indirect.

The Commission of the European Communities Code of Practice on the Implementation of Equal Pay for Work of Equal Value for Men and Women, lists some practices regarding bonuses that require examination:

Female and male manual workers receive the same basic pay but men have access to bonus earnings.
Check if the differences in access to bonus can be objectively justified irrespective of sex. Do the differences in earnings reflect real differences in productivity? Investigate how access to overtime, weekend and shift working is provided.

Performance pay is only available to senior posts/full-timers/employees covered by the appraisal system.
Check if the coverage of the scheme and the exclusions are objectively justified.

Women consistently receive lower performance ratings than men.
Review the criteria for performance rating to identify direct and indirect sex discrimination.1 

1 From the Commission of the European Communities: A Code of Practice on the Implementation of Equal Pay for Work of Equal Value for Men and Women (Brussels, 1996), pp.9-10.

4, Job classification

jobs can be classified by categories or hierarchies. Women are often at the bottom of these categories. The union should work for equal representation of men and women in all professional areas, salary levels, hierarchical levels. Women and men are some times physically segregated in the workplace and therefore not always aware of discriminatory treatment. There is a need for the union to look at the distribution of women and men in different grades and uneven differentials within the grading structure. If women are at the bottom and men at the top, the union should question the neutrality of the job classification system.

There should be a re-evaluation of classifications in the light of changing circumstances and technology.

Consideration should also be given to special training for women to upgrade their qualifications and thus their access to higher graded jobs. Biases in employees' access to training also need to be challenged.

See also booklet 6: Giving women a voice.

5. Pension schemes

There are several aspects of women's employment which often place them at a disadvantage regarding pension schemes.

Most women are in lower-paid employment and pension schemes which reflect salary levels which there fore leave women with lower pensions than men. Equal pay and equal opportunity are employment issues which manifest themselves in pension payments.

More women than men may have interrupted work histories. Women may need to take career breaks or extended periods of leave to meet the demands of their family responsibilities.

Alternatively, women may enter the workforce later having had their families. Most pension schemes, however, assume that a worker will work continuously for a full working life; pension contributions are often calculated to produce an adequate pension after a full working life of continuous employment. Workers who have had interrupted employment or delayed their entry into the workforce will not have sufficient funds in their pension scheme to receive an adequate pension on retirement.

Many women work on a part-time basis and therefore may not have the same pension rights as full-time employees or they may be excluded completely from employer pension schemes.

The union can negotiate for better pension provisions for women, taking these difficulties into consideration.

Changes of employer are becoming increasingly common. All workers are at risk if pension schemes are not valued at worth for transfer. Unions can negotiate to ensure that pension schemes are fairly valued for transfer from one employer to another.

6. Housing benefits

In some countries, married women in particular are denied housing allocations on the basis that such allocations are available for men only. But in many cases, women have the same, or greater, family responsibilities as their male colleagues.

Housing allocations should be made available to women and men workers on an equal basis.

7. Transport benefits

Organizing transport can be stressful for women because of their family responsibilities or because it exposes them to potentially dangerous situations. Depending on the situation, employers could be persuaded to allocate transport for men and women workers to overcome lengthy travel time or in dangerous situations, or when transportation is not reliable, such as at night. This is particularly important for women who may be subject to harassment and violence.

The provision of transport benefits is also an effective means of ensuring punctuality and regular attendance from workers, as well as an excellent means of creating a stable and motivated workforce. Thus transport benefits can also be of direct benefit to employers and workers alike.

In negotiating a pension scheme

In Zambia the National Union of Commercial and Industrial Workers has achieved a number of benefits for its members which are embodied in collective agreements.

Agreements have been reached to ensure that all union members are eligible for housing allowances whether they are male, female, married or single.1 

1 NUCIW report to the FIET Regional Women's Seminar for English-Speaking Africa, November 1991.

The South African Commercial, Catering and Allied Workers Union has highlighted safe transport as a major concern for its female members and has undertaken a campaign to achieve safe and guaranteed transport home for workers. The union has successfully negotiated this issue with some employers but has met with resistance from small enterprise employers.1  

The National Union of Commercial and Industrial Workers, Zambia1 has negotiated to ensure that employees are paid a transport allowance if they are not provided with transport by their employer. This should enable such employees to pay for safe transport if necessary.2 

1 Report by SACCAWU to the FIET Regional Women's Seminar for English Speaking Africa, 1991.

2 Report from NUCIW to the FIET Regions Women's Seminar for English Speaking Africa, 1991.

8. Medical benefits

Medical insurance should be available to all workers, even those in non permanent positions, most of whom are women. Group insurance might also be negotiated. Wherever possible, health care provisions may be extended to cover workers' children.

Benefits should be negotiated, including provision for a certain number of paid sick days per month, leave for medical check-ups or hospitalization, etc., and should cover all workers including non-permanent workers.

Some employers refuse to pay medical benefits for gynecological care. Unions must recognize and promote this as part of health care for women, including check-ups and tests against cancer.

Clinics sponsored by the employer may also be subject to negotiation, for example ensuring the employee's right to her choice of doctor, etc. In some countries, women's welfare groups have played an important role in the promotion of health care and medical benefits for women. Unions could work with these groups in set ting up health care centres or petitioning for legal reforms.

Attention must also be given to the provision of family planning clinics and advice, HIV and AIDS information and counseling. These services should be given in ways which respect workers' privacy and dignity.

See the sections on HIV and AIDS information, and reproductive health below, pages 26 and 27.

Hours of work

I. Basic hours and overtime

Hours of work for both men and women should be calculated to avoid differentiation and possible gender discrimination.

Collective agreements can be used to ensure that both men and women are compensated for overtime work and have equal access to voluntary over time. Steps can be taken to make sure that basic hours do not encroach into unpaid overtime at the request of the employer.

In some cases, women's ability to work overtime is limited due to their family responsibilities or prohibitions on night work for women. The union may negotiate to remove such restrictions or to protect the interests of women members in some other way. See the section on night work below.

One perspective is that women should have access to overtime and be paid for it. On the other hand, it may be more advantageous to workers generally to aim to reduce the need for overtime and better distribute working hours. In this way, men and women can participate equally in employment and at home.

2. Part-time work

More and more part-time jobs are being created, and the majority of these jobs are held by women. Part- time work is a necessity for many women due to their domestic responsibilities and the lack of child-care facilities.

Part-time workers may be at a dis advantage due to-

Part-time work should not be treated as second-rate work.

Bargaining can be used to ensure that part-time employees receive the same benefits and have the same conditions as full-time employees. Agreements should include pro-rata basic and overtime pay.

A number of benefits, such as medical care and access to welfare facilities, are not appropriate for pro-rating - part-time workers should receive full benefits. Transport benefits and some other cash benefits are also unsuitable for systematic pro-rating and are more appropriately awarded to all workers on a needs basis.

Ensuring that part-time workers have rights regarding redundancy is also important. If part-timers are auto matically chosen before full-timers for redundancy, women are likely to be disproportionately disadvantaged. This constitutes indirect discrimination and should be avoided through collectively negotiated redundancy schemes. Part-time workers should also have access to redundancy pay.

See also the Part-Time Work Convention, 1994 (No. 1 75) and Recommendation, 1994 (No.182).

See also booklet 4, Defending rights of non-permanent and vulnerable workers.

The 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.

3. Flexible working time

Disciplinary action is sometimes taken against women because of family responsibilities. Women may have difficulties keeping to fixed schedules because of family responsibilities. 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.

4. Job sharing

In some national situations, job sharing is increasingly a solution for certain kinds of work 10 allow the combining of work and family responsibilities. It is accepted that workers need to reconcile their working and personal lives for many different reasons which may not be linked to gender. lob sharing is where two people share one job taking joint responsibility for the tasks to be done. Examples can be seen in legal, teaching, medical and clerical professions. job-sharers may be in the same legal position as employees who work part-time.

Unions can negotiate to ensure that

A 1989 agreement between British Telecom and the communications union NCU deals with issues relating to job sharing.

The agreement provides that "all reasonable efforts will be made to meet applications" for job sharing from staff in any represented grade, although "it cannot be guaranteed that every request will be met".

The agreement also covers equal treatment of job sharers stating that other than in exceptional circumstances "individual job-sharers will need to work a minimum t6 hours per week." The agreement then states that the "job-sharer's pay and employment conditions are based on those for employees conditioned to work the full-time hours of the grade", although there are some exceptions.

Finally the procedure for ending a job sharing arrangement is clearly set out:

1 Extract from Part-time workers: A negotiation Guide Lahour Research Department, UK 1992).

5. Night work

The attitudes of women and society toward night work are influenced by cultural, economic and national contexts, and attitudes are changing. Views on the prohibition of night work fdr women in the context of the promotion of equality vary. On the one hand, the removal of restrictions on women working at night seems to be a way of reducing discrimination against women in the workplace because it opens up more employment possibilities to them, often at higher rates of pay than day-time rates. An alternate view is that special protection for women in certain circumstances is necessary to keep them from excessively arduous wor king conditions and to protect their reproductive role.

It may be the case in some circum stances that women working at night are not as safe as their male col leagues travelling to and from work and that women working at night would have overly long working days as they are likely to also bear the domestic burden during the day, sometimes in conjunction with other paid work.

In 1990 the International Labour Conference adopted a protocol to the 1948 Night Work (Women) (Revised) Convention which provides that the prohibition on night work for women can be lifted where employers' organizations and unions reach a suitable agreement in this regard. In the same year; the Conference also adopted the Night Work Convention (No.171) to protect night workers in general. It provides that women be given an alternative to night work before and after childbirth.

Making available services such as transport, security, child care, etc., will make it easier for women to work at night. Extra time off, special pay mentor bonuses, transport time, etc., can also be negotiated.

If the national context is unfavorable to night work for women, unions should negotiate to protect women following consultation with and recommendations of women workers.

At its first Congress in 1985, the Congress of South African Trade Unions adopted a resolution noting that "due to overtime and night work, women workers are subjected to many dangers while commuting" and calling for "adequate and safe transport for workers doing overtime and night work".1 

Quoted in Cotherine O'Regan and Clive Thompson: Collective bargaining and the pramotion equality: The case of South Africa (ILO, Geneva, 1993).

In France unions are split in their views on night work for women. The Confederation Generale du TravaiI (CGT), Sud-Ouest (SO), CE, Confederation Francaise des Travailleurs Chretiens (CFTC) and Force Ouvriere (FO) are all all opposed to the French Government's denunciation of the Night Work (Women) (Revised) Convention, 1948 (No.89). The CFTC bases its position on "the special role of women in the family structure and the crucial contribution of motherhood to society". The trade union FO opposes night work generally but accepts that in exceptional cases it is necessary. FO considers that the harmful nature of night work demands that it be compensated and that the definition of such compensation should be the responsibility of the law.

The union Confederation Francaise Democratique du Travail (CFDT) is the only union not oppo sed to night work for women but also demands adequate compensation for night workers. CFDT believes that compensation should be determined by branch negotiations.1 

1 Annette Johert : Negociation collective et promotion de l'egalite en France (ILO, Geneva, 1993).

See the Night Work (Women) (Revised) Convention, I 948 (No 89), the Protocol of 1990, and the Night Work Convention, 1990 (No.171).

6. Expectant and nursing mothers

Unions should negotiate paid time off for pre and postnatal clinical checks for women.

Women should be given paid time off for nursing breaks according to the Maternity Protection (Revised) Convention, 1952 (No. 103). Where workers are entitled to nursing breaks the union may negotiate to extend this right if necessary.

Pregnant and nursing women may be allowed more flexible working sche dules, such as being permitted to arrive later and leave work earlier to avoid traffic congestion, to work shorter hours and to have additional rest breaks during working time. Iri addition, pregnant and nursing mothers should be provided with the right to undertake lighter work.

See the Maternity Protection (Revised) Convention, I 952 (No. 103), and Recommendation (No.95).

See also booklet 3, Maternity and family responsibilities.

The Ghana Industrial and Commercial Workers' Union has reported that its members are entitled to two hours of nursing breaks each day until the child is 1 ye& old.1 This is twice the statutory entitlement of two 30- minute breaks each day.

1 Reported to the FIET Regional Women's Seminar for English-Speaking Africa, 1991.

7. Family responsibilities

Unions can negotiate for a flexible approach to working hours that would enable workers to meet the demands arising from family responsibilities such as caring for sick children or other family members. Time off for family responsibilities could be negotiated and could include taking children or elderly relatives for dental or medical appointments when they cannot be arranged outside work hours; and attendance at school activities or appointments with school teachers or principals. These relatively short periods of time off could also be accommodated through the use of flexi-time systems.

Protection against discipline or dismissal for reasons related to family responsibilities should be ensured.

These issues reflect workers' needs to reconcile their work with all aspects of their personal lives.

See the Workers with Family Responsibilities Convention, 1981 (No 156), and Recommendation (No 165)

See booklet 3, Maternity and family responsibilities for more detailed discussion and examples.

Leave

1, Annual leave

Many women with peripheral contracts (i.e. temporary, part-time, piece-workers) are not entitled to any leave, and therefore work throughout the year without rest. Unions should negotiate with employers for annual and other kinds of leave. The basic union demand should be that these workers have the same pro-rata entitlement as their fuIl-time colleagues.

There are two established methods for the calculation of annual leave in the case of part-time work - workers may either take a reduced number of days with full pay, or a full number of days at reduced pay.

Hickson and Welsh, a chemical company in the United Kingdom, agreed with the Transport and General Workers' Union that: "everyone is entitled to the same holidays, that is, five weeks and one day ... For part-time employees who work an average of 3.25 days a week this is equivalent to 16.9 days' holiday".

Pail-time workers: A negotiator's Guide (Labour Research Department, UK, 1992).

Seniority may determine who has first choice of dates for holidays. Since women are usually not the most senior, they are disadvantaged because of their restricted options and family responsibilities. Seniority should not be the only, or even priority, criterion for choice of holiday dates; family responsibilities should be given at least equal status.

Women may also have difficulty meeting qualifying periods giving them the right to leave due to career breaks or late entry into the work- force and this can be overcome through collective bargaining.

2. Compassionate leave

Unions can negotiate for compassionate leave in the event of the death of a close family member. Unions might consider negotiating time off for com mon law families and extended family members.

Provision may also be made for com passionate leave in the case of a serious accident or the hospitalization of family members under this clause.

The Illinois Public Action Fund, Chicago, Illinois, US, has agreed with the employees to include the following provision for bereavement leave: "In the event of death in a staff employee's immediate family (defined as employee's children, parents, spouse, siblings, in-laws, grandparents, grand children, and significant other) the employee shall receive up to five days off with pay."1

3, Family responsibilities

Unions negotiate leave for workers in general, but since women often bear most of the responsibility for families, special attention must be given to ensuring negotiating time off for the care of sick children, taking family members to the doctor, etc. This is generally a short-term leave and is usually for a certain number of days per year.

The World Health Organization has recommended a minimum period of four months for breast feeding to ensure the continued good health of the child. The period of maternity leave (including in the case of miscarriage or stillbirth) required under the Maternity Protection (Revised) Convention, 1952 (No. 103), is 12 weeks, a period determined with the health of the mother in mind. The Maternity Protection Recommendation, 1 952 (No. 95), calls for maternity benefits to be paid at full pay for a period of 14 weeks and these requirements should form the basic target for collective bargaining.

The union should try to ensure that annual leave is not included as part of maternity leave and that women may opt to take annual leave in conjunction with maternity leave.

Paternity leave can be negotiated to ensure that the father has time to care for the family and to meet the needs of the mother and new baby. It is also an important provision to promote the sharing of child-care responsibilities.

Negotiations should also cover the case of adoption and provide adequate time for the adoptive parents and the child to get used to each other.

Parental leave is usually taken by either parent or both either consecutively or simultaneously after the standard maternity leave is exhausted and may be available at any time until the child reaches a certain age.

See also booklet 3, Maternity and family responsibilities.

In Costa Rica, for example, article 95 of the second collective agreement of the Civil Service Association (ITCR) provides

In 1987 a Parental Rights Agreement was signed in South Africa between Pick'n Pay and the Commercial, Catering and Allied Workers Union (SACCAWU). This was the first such agreement negotiated by the union and was a major breakthrough in the struggle for the rights of working parents.

The provisions of the agreement cover broad areas ranging from the health needs of pregnant women, caring for adopted children, paid leave for mothers and fathers, paid medical aid and advice on contra ception. The agreement also applies to cases of miscarriage and stillbirth.

All female employees are entitled to 11 months' leave, nine of which are paid. Three of the nine months are paid at 75 per cent of the worker's wage and six at 30 per cent. Couples who are both employed by the company can share the leave. Parents are able to save leave for any time until the child's fourth birthday.

Fathers are allowed to take eight days' paid leave at the. time of the mother's confinement and are entitled to time off to take their babies to the clinic. Leave is also provided for parents adopting children.1 

1 Sharing the load: The smuggle for gender equality parental rights and child care, (Johanneshorg, 1991).

4, Medical and sick leave

Unions should negotiate for optimum conditions for medical and sick leave, including special provisions relating to work-related illness and accident.

Due to women's special health needs resulting from menstruation, many unions have negotiated for days off each month. This is particularly important if some women have serious conditions, or if work is particularly heavy. Such leave is referred to as menstrual leave or mother's day leave, etc. This paid leave may be one or two days per month and negotiated by the union as leave days outside of annual leave or normal sick leave which normally must be substantiated by a doctor's certificate.

The Union of Commercial and Industrial Workers in Zambia has included a "mother's day" leave entitlement in collective agreements. Every working woman is entitled to stay at home once a month without loss of pay.1 

Labour legislation in Indonesia provides for menstruation leave which enables women to take up to two days' leave per month on request.

The original intention of the provision was to protect women working in unsatisfactory work environments. Several employers failed to provide this leave or imposed obligatory medical examinations to verify the claim for leave, causing industrial conflict in a number of instances.

Therefore menstruation leave became an issue around which women were able to organize in a traditional Muslim setting. It is often the case that organizing around specific issues such as menstruation leave encourages women to become involved in wider trade union issues. In the longer term, unions may choose to pursue a campaign to improve the working environment, which might in turn remove the need for the women concerned to use the menstruation leave. This would be a way of meeting the concerns of employers anxious to avoid absences and to maintain a regular rhythm of production, by compelling them to recognize the value of an improved working environment.1 

1 See ILO: Indonesia: Social adjustment through sound industrial relations and labour protection (Jakarta, 1995)

5. Paid educational leave and training leave

Under the Paid Educational Leave Convention, 1974 (No. 140), paid educational leave is granted to a worker for educational purposes for a specific period during working hours, with adequate financial entitlements. Unions should negotiate for leave for educational purposes, for training at any level, general, social and civic education and trade union education.

Care must be taken to ensure that women have access to such leave, including those working part time.

Women should also have access to vocational training, and in particular to training related to advanced technological changes. Training should be used as a means to redress bias in employment hierarchies.

See also the section on job classification above, page 6.

6. Other personal leave

Short periods of leave over and above the annual leave allowance may also be negotiated to cover events such as marriage of the worker or a member of their immediate family, moving house or for important personal appointments such as meetings with a child's school authorities.

Heath and environment

1. Health end envlronment

Some examples of health hazards in the working environment and their causes are-

Violence in the workplace can also be a health and safety issue. Steps should be taken to protect workers where there is a potential for violent incidents to occur.

See also booklet 5, Dignity at the workplace.

Unions must negotiate with management to have access to information regarding what chemicals or dangerous substances workers are using and to ensure that proper instructions, information, labeling and disposal procedures are provided. Special attention must be given to women workers who are pregnant or nursing.

See the FAO Code of Conduct on safe use of chemicals, the UN list of restricted and banned chemicals and the Chemicals Convention, 1 990 (No.1 70).

2. The physical working environment

Some of the physical factors at work which. may cause adverse effects on health include-

Negotiations should ensure that adequate ventilation and lighting are provided; that workers are protected from exposure to extreme temperatures; that noise does not exceed legally admissible levels; and that proper ergonomic principles are adhered to regarding workstation design and working positions, including provisions for work performed seated and/or standing.2 

Work tools and processes are often designed with little or no consideration given to the health of the worker. A growing number of injuries caused by repetitive and stressful movements are now being recognized in a wide variety of jobs. These are known generally as repetitive strain injuries (RSIs). The incidence of RSIs can be reduced by better designed workstations and tools and by improved work organization. Unions should record cases of RSI among their members.

Pregnant women have special health and safety needs that should be considered in order to protect both the mother and the unborn child. These include not assigning them to heavy manual tasks, night work or arduous tasks; ensuring adequate access and space for movement around machines and equipment; providing sitting facilities; and gran ting sufficient rest periods. Include the possibility of pregnant and nur sing women transferring to other work where necessary.3 

The Retail, Wholesale and Department Store Union (RWDSU) based in New York, United States, recommends that local unions take the following steps to gather information in order to combat occupational injuries:

3. Impact of new technologies

Visual display units (VIDUs)

Working with VDUs can have negative effects for the operators. Complaints can be related to eye problems, muscular aches and pains, monotony and accumulation of fatigue. Health- related complaints associated with VDU use can generally be avoided by sufficient attention to the selection, installation and use of equipment, including premises, workplace setting, work organization and environmental factors (lighting, noise, temperature and humidity). Workers should be provided with adjustable tables and chairs as well as regular rest breaks. Annual eye examinations should be free of charge and work assignments should be varied to pre vent monotony, stress, fatigue, repetitive strain injuries and other muscle-skeletal disorders. On the basis of current scientific knowledge there is no evidence of any danger due to radiation for a pregnant woman working with VDUs. Should a pregnant woman nevertheless show concern about working with VDUs, this should be taken seriously and alter- native work assigned.

4, Control measures and personal protective equipment (PPE)

There are five general categories of control measures: elimination, substitution, engineering controls, administrative controls and personal protective equipment. A combination of methods usually provides a safer and healthier workplace than relying on only one method.4 

Personal protective equipment should be the last choice in control measures since it is the least effective method for controlling hazards in the workplace and should be used only when hazards cannot be controlled sufficiently by other methods. PPE can be uncomfortable, decrease work performance, and can create new health and safety hazards. Hot or humid working conditions decrease the effectiveness of PPE. Under these conditions, workers should take frequent breaks and drink plenty of fluids. The type of PPE required depends on the hazard, the route of entry and the exposure time. If PPE does not fit well it may not protect the worker. This is most important with respirators. All PPE should be checked for leaks. PPE is usually designed for the "average" North American or European worker, which can be a problem for workers above or below their average height or weight. It is possible to negotiate for the purchase of large and small sizes of protective clothing for both men and women. All workers using PPE should be trained in the proper use, maintenance and limitations of the PPE.5 

The International Labour Organization has issued guidelines for its own employees working with VDUs which cover the following:

Selection and installation of equipment - Displays should be safe and easy to read and keyboards should be separate to allow for better positioning.

Lighting and vision - Vision must be properly corrected as prescribed by a competent person. All operators should have their vision checked annually. Office lighting should be low with a lamp to light tasks if necessary. Offices should have blinds or curtains to cut out excessive daylight. Both direct and indirect glare should be avoided by suitable positioning of the VDU and other means. The screen should also be placed lower than eye height and should be between 45 and 60 cm from the operator.

Good work posture - The worker should be able to change position regularly from sitting to standing and between different comfortable sitting positions. Good adjustable seating with the keyboard at around elbow height is essential. The work table should have enough space for putting documents, etc. as needed.

Monotony - Varying tasks from time to time reduces stress. This requires good work organization and cooperation of staff within each unit.

Working time - A combination of VDU and non-VDU work reduces the possible negative effects of VDU work. Short breaks of 15 minutes for every work period of one and a half hours at a VDU are recommended. The total time of work which invdlves continually looking at a VDU should not exceed four hours per day. If individuals are required to work beyond this limit on a recurrent or frequent basis, this indicates a resource or work organization problem which is management's responsibility to resolve.

Medical services - VDU operators should have regular eye examinations by the ILO's Medical Service. Officials who are unable to work on a VDU for reasons of health shall be transferred to another post without prejudice to their employment. There is no current scientific evidence of danger for pregnant women working with VDUs. However any worry or concern shown by pregnant workers should be taken seriously and decisions for alternate work because of this worry may be advisable.1 

1 Taken from ILO Circular, series 6 - Personnel, No.250, Conditions of work for operators of visual display units, 16 Dec.1982, and an information note Use of visual display units.

5. Welfare facilities and services

Welfare facilities and services include sanitary facilities, arrangements for drinking, eating and resting, and access to first aid, health care, trans port and recreation. Ensure that good changing, washing and sanitary facilities are provided and maintained with separate facilities available for women workers. Provide for drinking facilities, eating areas and rest-rooms. The provision of clean drinking-water is essential for all types of work.

6. Disabled workers

Unions should pay attention to the needs of disabled workers and ensure that facilities and equipment are adapted so that they can do their jobs safely and efficiently, includ ing ensuring they have easy access to work areas, special toilet facilities, transport and other identified conveniences.

Also, in bargaining, do not forget to highlight the disabled worker's ability, not just her or his disability.

See the vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and Recommendation (No. 168).

7. HIV and AIDS Information

Unions should negotiate for the provision of appropriate information and health education for the prevention of HIV/AIDS and other sexually transmitted diseases, including counseling for workers and their families exposed to such illnesses.

Workers who may be at an increased risk because of their work include-

Exposure to HIV/AIDS can be prevented in those particular occupations where there is a potential risk of exposure. Workers should be provided with education in the methods of prevention. A written policy stating what to do and whom to contact in case of exposure should be developed in all workplaces where workers may be exposed to blood or other bodily fluids. Workers should be familiar with the policy which should be posted where everyone can see it.

Issues to consider when developing a workplace policy on HIV/AIDS are 6 

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 fami lies, even where the risk is not necessarily occupational.

They should also ensure that the privacy of workers is respected and that victimization is prevented.

8. Reproductive health

Thousands of hazardous chemicals are produced and used in a wide variety of workplaces worldwide. Some of these substances can have negative effects on the reproductive health of workers who are exposed to them. There are also physical and biological agents (such as radiation and bacteria) as well as a variety of work situations (such as work which is highly stressful, or shift work) which may result in negative reproductive health outcomes when workers are exposed to them.

Little is known about the potential for damage to the reproductive system from exposure to certain substances, agents or work situations. Despite the lack of adequate information, many workers are forced to work with and be exposed to reproductive hazards.

Workers and unions need to be as informed as possible about the sub stances used in their workplaces. Protective measures should be implemented to ensure that pregnant workers and workers (male and female) planning to have a child are not exposed to known or suspected reproductive health hazards.

Because most chemicals, biological and physical agents, and work situations have not been adequately studied for their possible effects on human health and reproduction, it is difficult to know exactly which ones will have negative effects on a worker's health. However, there are several important factors which determine whether exposure to a substance or work situation will have negative effects on a worker's health. These factors are: the length of expo sure; the dose; synergism (the effects of exposure to a combination of substances at the same time); and individual variation. As a general rule, a worker should assume that regular exposure to any chemical, physical or biological agent is potentially hazard ous to his or her health. Workers and unions should work together with employers to eliminate hazardous exposures altogether or at least to reduce them to the levels permitted in nationally or internationally recognized standards. Employers should provide workers with adequate education about any potential hazards with which they work.

To protect the reproductive health of all workers, exposure to chemicals, radiation, biological agents and stressful working conditions should be eliminated or at least reduced as much as possible. Substances which can cause changes in genetic material (mutagens), or which can cause cancer (carcinogens), or which can prevent the normal development of a foetus (teratogens) should be completely eliminated or isolated from workers and their work environment.

Many industries have adopted exclusionary policies whereby fertile women are refused work where there are known or suspected reproductive health hazards. Such policies often require workers to transfer to a different job during pregnancy. Although excluding fertile women from certain jobs may be an attempt to protect them, such policies do not extend the same protection to fertile men, and thus result in discrimination against women and unreasonable health risks to men.

Policies which allow workers to transfer to a different job while pregnant or while planning to become pregnant can be a sound option until the workplace can be made safe for reproductive health. Such policies should be accompanied by guarantees that terms and conditions of employment and seniority will not be affected. Transfer policies should ensure that certain groups of workers will not be discriminated against in hiring or job transfer practices. A pregnant or fertile worker should never have to stay in a job where she or her unborn child will be exposed to hazards because no other work is available to her. Such a choice is no choice at all for any worker.

Unions can also play an active role in ensuring that workers have access to information by qualified medical personnel on reproductive health and family planning issues. Agreements can also provide for free medical ser vices and check-ups for employees and for counseling and follow-up of any illness. Areas of specific concern might include

9. Using health and safety committee at work

Trade unions must organize, educate and take action to solve health and safety problems. One of the most effective means is to establish health and safety committees at national policy level and at the workplace.

The structures, powers, operating procedures and number of commit tees will vary from workplace to workplace. It is the responsibility of the union to ensure that some struc ture is incorporated into agreements with the employer.

In some countries, national legislation exists requiring joint labour- management health and safety committees. The joint committee must raise various issues with management. They have the most potential improve working conditions because they involve management and workers in the process of identifying, eliminating and controlling hazards.

The local union committee play a vital role in resolving health and safety concerns in the workplace. It the job of the local union committee to represent rank-and-file workers health and safety issues. A local committee is especially necessary if joint committee does not exist.

Women workers should have acti representation and participation such bodies at all levels.

10. Role of the safety representative

The safety representative can play an important role in helping to ensure that work does not jeopardize the health and safety of any worker - male or female. The efforts made in the areas of workers' education, workplace policy development and implementation, monitoring of sub stances and working conditions and record-keeping will help to achieve this objective.

For example, the representative should encourage workers to keep a record of their working conditions, names of chemicals they work with and potentially hazardous situations in which they may work. Workers should note any irregularities or abnormalities which occur in their sexual functioning, in their menstrual cycle, in their ability to conceive, or in their children's development. Many other areas of safety and health can be assigned to the safety representative whose independent role is ensured through collective agreements.

See ILO: Your health and safety at work (Geneva, 1996).

Job security

Redundancy is always a difficult issue for employers, unions and employees and no redundancy scheme can ever be perfect. Some schemes can, however, be more discriminatory than others.

Making part-time workers redundant or a "last in - first out" policy can be discriminatory where most workers in these categories are women. Selection for redeployment or retraining made on this basis can also be discriminatory for the same reason.

Bargaining can be used to negotiate the least discriminatory scheme for redundancy.

Siemens Electric Limited Automotive Systems (North American Motor Operations Division), London and National Automobile, Aerospace, Transportation and General Workers' Union of Canada, Local 27, negotiated a collective agreement effective from July 1995 containing a new job security clause providing the following:

Partial or total plant closure - Employer will advise the union as soon as possible of any contemplated shutdown ot operations that will affect employees. Both sides will meet with a view to providing a solution to the problem or jobs for the employees involved.

Guaranteed employment for members of union plant committee - Such members to be retained by the employer during their term in office, notwithstanding their position on the seniority list, so long as the employer has work that the member in question is able to per form.

Recall rights - If laid off, employee will be retained on the seniority list for a maximum of one year. All employees to receive a minimum of one year recall rights and time for service to a maximum of two years.

Outside job placement - In the event that seniority employees are laid off for a period greater than 13 weeks, employer and union will work with the Ministry of Labour concerning the statutory provision ot such lay-offs and jointly work towards the successful placement of affected employees with other industries.1

1 Argument cited in Collective Bargaining Review Human Resources Development Canada, Sep.1995.

See the Termination of Employment Convention, 1982 (No. 158), and Recommendation (No. 166).

Termination of Employment Recommendation (No. 166)

Paragraph 23 of the Termination of Employment Recommendation (No. 166) provides that "the selection by the employer of workers whose employment is to be terminated for reasons of economic, technological, structural or similar nature should be made according to criteria, established wherever possible in advance, which give due weight both to the interests of the undertaking, establishment or service and to the interests of the workers".

The General Survey on the Termination of Employment Convention and Recommendation states:

When measures to avert and minimize terminations of employment are not sufficient to solve the difficulties and the employer is forced to terminate certain contracts, it is important for the choice of workers to be affected by this measure to be made as objectively as possible in order to avoid any risk of reaching arbitrary decisions. If these criteria are established in advance, as advocated in the Recommendation, the risk of arbitrary measures is reduced ...

The criteria most often applied relate to occupational skills, length of service, family circumstances, with preference sometimes being given to a particular criterion. Other criteria may be included, such as the difficulty of finding alternative employment ... In other countries, the focus is more on the protection of more vulnerable categories of workers.1

Notes

1 See Chrisline Elutob: Equal Remuneration (unpublished), 1996. See also ILO: lob evaluation (Geneva, 1986).

2 See ILO: Ergonomic checkpoints: practical and easy-to-implement solutions for improving safety, health and working conditions (Geneva, 1996).

3 3 ibid. checkpoint No.125.

4 See LO: controlling hazards (Geneva, I 996).

5 Ibid.

6 See WHO: Policy, principles and components: World Health organization global programme on AIDS report of the consultation on AIDS and the workplace, lane I 988: Rosokam, E .:"AIDS and the workplace", in Your health and safety at work ILO, Geneva, 19961.