Women's Employment Policies in OECD countries KWDI
kwwa  2002-10-28 14:55:00, 조회 : 77

Women’s Employment Policies in OECD Countries / by Youkyoung Moon and Jaesoen Joo
/ KWDI Research Reports/ Women's Studies Forum, Vol.17 /December 2001  


* This article quots and summarizes Women's Employment Policies in OECD Countries(2000).

Youkyoung Moon Fellow
Jaesoen Joo Researcher



INTRODUCTION

  Women’s employment policy in Korea started  off with the legislation of  the Sexual
Equality Employment Act in 1987. With the development of the national economy, Korea
now faces the  need for  practical and detailed  development of  women’s employment
policies in a manner  that does not violate  the market principle. This   study will look
into the   OECD nations’  women’s  employment  policy  and status   of women’s
employment, as Korea  has joined  the OECD  in 1996.  The study  will also introduce
women’s policies of  France and Sweden,  countries known to  have a well-developed
system even among OECD member countries.



OECD AND WOMEN'S EMPLOYMENT


A. Organizations and Activities within the OECD related to Women’s Employment

  OECD comprises  a board  of directors,  executive committee,  and secretariat,  under
which 29   special committees,   140 task   forces, and   4 semi-independent   affiliated
organizations are  situated. Of  these organizations,  the “Women  and Economy  Task
Force” under the Employment, Labor, and Society Committee and the”Gender Equality
Task Force”  under the   Development Aid Committee   deal with matters   related to
women’s employment.  The “Women  and Economy   Task Force” focuses  on and
makes analyzes women’s participation  in economic activity,  hourly-paid labor, gender
segregation in the  labor market, and  wages and other  salaries in light  of social  and
economic changes. The task force aims to make the policy development of  governments
focus on providing women equal job  opportunities and incomes. The “Gender Equality
Task Force” encourages governments  to give sufficient attention  to women’s issues
when providing  public development  assistance.  Recently held  women’s employment
related conferences  include  “Small and   Medium Sized Women   Entrepreneurs: The
Driving Force for  Innovation and  Job Creation’  in 1997,  ‘Women Entrepreneurs  -
East-West Cooperation” in 1999,  and “The OECD  Conference on Changing   Labour
Markets and Gender  Equality: The  Role of  Policy” in  1998. In  particular, the  1998
conference “on Changing Labour  Markets and Gender Equality:  The Role of Policy”
dealt with the  timely issue  of how  changes in  the labor  market changed  the labor
environment for women  and what  would be  appropriate policies  to respond  to such
changes.    

B. Status of Women’s Employment in OECD Countries

1. Participation in Economic Activities

  The  status  of  women’s  employment  differs  among  OECD  member  countries,
depending on the social, economic, and  cultural characteristics of each country.  Overall,
however, OECD member countries show indications of an advanced economy. An overall
average of OECD  nations show  58.7% of women  participating in  economic activities,
which is almost  20% less  than the  percentage of  men, which  is 81.2%.  By nation,
Turkey showed the lowest  statistic with 30.0%,  contrasting with Iceland, showing  the
highest figure at  80.0%. In  only 6 nations-Greece,  Italy, Mexico,  Spain, Turkey, and
Luxemburg-did less  than 50%  of  women participating  in economic   activities, while
around 50% of women were  economically active in 6  nations and 7 nations  showed a
figure in  the area  of 70%.  In sum,  most countries  showed around  60% of  women
participating in economic  activity. As  for the unemployment  rate, the  OECD average
was 7.4% for women and 6.3% for men, with a gap of 1.1%. The highest unemployment
rate for women was found in Spain, at 26.7%, while the lowest was 3.2% in Norway. In
16 countries,  women’s  unemployment rate   was higher  than men’s  by  1.0%. In
particular, in Greece, Italy, and Spain, women’s unemployment  rate was roughly twice
as much as  men’s. In 10 countries,  including Austria, Canada, Germany, and Ireland,
the gap between  women’s and  men’s unemployment  rate stood at   1%, while  in
Australia, Korea, and the UK, women’s unemployment rate was lower than men’s by
less than 1% point.

2. Working Conditions

  Similar to other nations, OECD  member states also showed a  continuous increase in
women’s economic participation rate. However, the gap between men’s and women’s
working conditions is not easily narrowed. Women’s hourly wage stands at 60-80% of
that of  men’s. Such  a gap  can be  attributed to  gender segregation  and the  high
percentage of women employed on an hourly basis.


[Chart 1] Statistics on Women’s Economic Activity in OECD Member States
                                                                        Unit:%
+------------------+---------------+---------------+----------------+---------------+
|                  |   Economic    |  Umemployment |% of Part-Timer |  % of Women   |
|      Nation      |Participation  |     Rate      | among Women    | among Part-   |
|                  |     Rate      |               |   Workers      |    Timer4)    |
+------------------+---------------+---------------+----------------+---------------+
| OECD Total3)     |     58.7      |      7.4      |     24.0       |     73.6      |
+------------------+---------------+---------------+----------------+---------------+
| Denmark          |     75.0      |      6.4      |     25.4       |     68.5      |
+------------------+---------------+---------------+----------------+---------------+
| Belgium          |     53.8      |     11.7      |     32.2       |     82.4      |
+------------------+---------------+---------------+----------------+---------------+
| Netherlands      |     62.9      |      5.5      |     54.8       |     75.8      |
+------------------+---------------+---------------+----------------+---------------+
| Finland          |     69.7      |     12.1      |     13.0       |     63.1      |
+------------------+---------------+---------------+----------------+---------------+
| Sweden2)         |     75.5      |      8.0      |     22.0       |     77.3      |
+------------------+---------------+---------------+----------------+---------------+
| Norway2)         |     75.9      |      3.2      |     35.9       |     79.1      |
+------------------+---------------+---------------+----------------+---------------+
| Iceland2)        |     80.9      |      3.3      |     38.6       |     77.4      |
+------------------+---------------+---------------+----------------+---------------+
| France           |     60.8      |     13.9      |     25.0       |     79.3      |
+------------------+---------------+---------------+----------------+---------------+
| Germany          |     60.9      |      8.7      |     32.4       |     84.1      |
+------------------+---------------+---------------+----------------+---------------+
| Switzerland      |     74.2      |      4.3      |     45.8       |     83.4      |
+------------------+---------------+---------------+----------------+---------------+
| Austria          |     62.5      |      5.6      |     22.8       |     86.9      |
+------------------+---------------+---------------+----------------+---------------+
| UK2)             |     67.8      |      5.3      |     41.2       |     80.4      |
+------------------+---------------+---------------+----------------+---------------+
| Ireland          |     52.1      |      7.5      |     27.2       |     72.7      |
+------------------+---------------+---------------+----------------+---------------+
| Czech            |     64.0      |      8.2      |      5.4       |     70.0      |
+------------------+---------------+---------------+----------------+---------------+
| Luxemburg        |     47.6      |      4.2      |     29.6       |     87.3      |
+------------------+---------------+---------------+----------------+---------------+
| Hungary          |     50.8      |      6.9      |      5.0       |     69.2      |
+------------------+---------------+---------------+----------------+---------------+
| Poland           |     59.7      |     12.6      |     16.6       |     62.2      |
+------------------+---------------+---------------+----------------+---------------+
| Portugal         |     61.9      |      6.0      |     15.8       |     70.9      |
+------------------+---------------+---------------+----------------+---------------+
| Spain2)          |     48.7      |     26.7      |     16.6       |     75.9      |
+------------------+---------------+---------------+----------------+---------------+
| Greece           |     48.2      |     17.8      |     15.9       |     63.6      |
+------------------+---------------+---------------+----------------+---------------+
| Italy            |     43.9      |     16.4      |     22.7       |     70.4      |
+------------------+---------------+---------------+----------------+---------------+
| Turkey           |     30.0      |      6.7      |     13.3       |     60.3      |
+------------------+---------------+---------------+----------------+---------------+
| Australia        |     63.9      |      7.3      |     40.7       |     68.6      |
+------------------+---------------+---------------+----------------+---------------+
| New Zealand      |     67.1      |      7.4      |     37.6       |     74.3      |
+------------------+---------------+---------------+----------------+---------------+
| Japan            |     59.8      |      4.2      |     39.0       |     67.5      |
+------------------+---------------+---------------+----------------+---------------+
| Korea            |     50.3      |      5.8      |      9.3       |     54.8      |
+------------------+---------------+---------------+----------------+---------------+
| Mexico           |     41.5      |      3.6      |     28.3       |     63.5      |
+------------------+---------------+---------------+----------------+---------------+
| Canada           |     69.0      |      8.2      |     28.6       |     69.5      |
+------------------+---------------+---------------+----------------+---------------+
| US2)             |     70.7      |      4.7      |     19.1       |     68.0      |
+------------------+---------------+---------------+----------------+---------------+
주 : 1) Economic participation rate of population aged 15~65
    2) Economic participation rate of population aged 16~64
    3) Average economic participation rate of OECD member states mentioned in chart
    4) Population working for an hourly wage refer to those working less than 30 hours  
       per week
Source :   OECD, Labour   Force Statistics,   1997-1998, Part  III,  ;____,  Employment          
           Outlook, 1999

  The gender segregation phenomenon is cited as one of the major reasons  for the gap
between men’s   and women’s  wages, because   generally, wages  for jobs   mostly
occupied by women tend  to be low. The  increase of women’s economic  participation
rate actually intensifies this phenomenon of gender segregation because there are only a
limited number of occupations that prefer the female workforce.
One characteristic   of women’s  employment  among OECD   member states  is  the
increase in part-time employment. As long  as the burden of housework  and child care
continue to be laid on women, women’s preference  for part-time jobs will persist and
the increase of part-time women employees will continue amid changes in the industrial
structure and personnel policies of  corporations. The problem is  that part-time women
employees are at a less advantageous position compared to full-time employees in terms
of employment stability  and working  conditions, which eventually  leads to  women’s
status being maintained at  a low level.  Thus, policy considerations for  complementing
the less favorable working  conditions of part-time  jobs are called  for. By percentage,
24.0% of women employees of  OECD member states are part-time  while only 7.0% of
men are part-time.  Also, 73.6% of  all part-time employees  are women, which  means
that 3 out of every 4 part-time employees are women.  Thus, it can be said that policy
for part-time employees is, in essence, policy for women employees. The Czech Republic
showed the lowest percentage  of women being  part-time employees, with  a figure of
5.4%, followed by Korea, with 9.3%. In contrast, 54.8% of Dutch women employees were
part-time, meaning   one out   of every  two  women  were part-time   workers. The
Netherlands was followed by Switzerland, with 45.8%, and Australia, with 40.7%. As for
the percentage  of women  against the  total part-time   population, Korea showed  the
lowest figure at  54.8%. Meanwhile, most  nations showed a  rather high percentage  of
60% and   above, with  most western   European nations,  such as   Austria, Belgium,
Germany, Luxemburg, Switzerland, and the UK showing a very high percentage of 80%
and above.
  Comparing the median wage of an part-time worker to a full-time employee’s wage,
according to gender, the  OECD average for  women was 86.4% while  the average for
men was 71.3%.  However, considering the  low-percentage of male  part-time workers
and relatively high  percentage of  female part-time  workers, such  a trend  ultimately
results in women’s overall  average being low.  By individual country,  in Greece and
Italy, part-time workers earned higher wages than full-time workers. However, in other
countries, hourly wages were smaller than full-time wages. In the UK, US, and Canada,
hourly wages amounted  to about  60% of  the full-time  wages. While  only 19.1%  of
female employees in the US were  part-time and 41.2% were part-time  female workers
in the UK. Thus, in countries like the UK,  the fact that part-time women earn smaller
wages would greatly contribute to the large gap between men’s and women’s wages.
Meanwhile, the median wage of part-time  workers amounted to more than 90%  of the
amount of full-time workers’ wage in Greece, Italy, Portugal, Finland, the Netherlands,
and Sweden.  In Greece,  Portugal, and  Finland, 15.9%,   15.8%, and 13.0%,  of female
employees, respectively,  were part-time.  In  Italy and  Sweden, 22.7%   and 22.0% of
female employees, respectively, were part-time. The figures of these two countries were
closest to the  OECD average  of 14.0%. The  largest portion  of female workers  were
part-time in the Netherlands, with 54.8%. In sum, the relation between the percentage of
part-time employees to the total  employed population and wage did  not seem to show
any consistencey.



FRANCE'S WOMEN'S EMPLOYMENT POLICY

  The women’s employment  policy of France,  a member  state of the  EU, basically
abides by the principle of the EU. France ratified the Amsterdam Treaty(Younghee, Kim
discusses the significance of the Amsterdam Treaty on women's status in her paper 'A
Legal Inquiry on Women's Status in EU  Laws' (Seoul: KWDI, 1999), pp. 89~97) which
emphasized equal employment,  in March  23, 1999,  and enacted it  by introducing  the
treaty into its national law  in May, becoming one of  the first nations to  have a legal
framework for gender equality.
  In June 23,  1999, France announced  a government level  action plan  under the title
“The Government’s Code of Action on Equality.” The Code of Action is compressed
into  25  action   statements surrounding   three  main   themes(Republique Francaise,
Troisieme rapport  nationale sur  l'application de  la convention  des nations  unies sur
l'elimination de toutes les formes  de discrimination a l'egard  des femmes (unpublished
document of the French government, 1999), 1~2). The  first theme is vocational equality,
and the “National  Action Plan for  Employment” (PNAE, Le  plan national d’action
pour l’emploi) is the  controlling framework. The second  theme is related to  allowing
both genders equal access to positions making political, economic, and societal decisions.
Lastly, the third  theme has to  do with  women’s special rights  pertaining to ability
development.
  As such,   the French   government’s policy   for equal   employment embraces   a
comprehensive approach,  promoting not  only vocational  equality,  but also  women’s
participation in political, economic, and societal decision making, and women’s rights.
  While the  code of  action is  a special  policy geared  towards the   improvement of
women’s rights, the “1999 Measure for Employment” provides detailed plans on how
to achieve gender equality  within the framework  of the employment  policy(Republique
Francaise, Rapport  sur la  mise  en oeuvre  par la  France  des recommendations  des
programme d'action de  la quatrieme  conference mondiale sur  les femme:  "Pekin plus
cinq" (unpublished document of the French government, 1999), 52).  The “1999 National
Plans for Employment Action” shows that  55% of the total measures  for employment
has to do with women. It The French government’s goal is to implement at least 35%
of the plan by the  end of 2000 (currently  28% completed). Of the  measures proposed,
those for women are as follows.

[Chart 2] Major plans for gender equality from the ‘1999 National Plan for
          Employment Action”
+-----------------------------------------------------------------------------------+
| First, Campaign to abolish gender discrimination                                  |
| These measures will be implemented in 4 sectors.                                  |
| - Education and training (Expand choice of occupation, develop training to be     |
|   provided for 2 years after graduation from high school)                         |
| - Women's job opportunity (Apply the principle of gender equality for recruitment)|
| - Women in the workplace (Gender equality in vocational training: continue and    |
|   strengthen proactive activities)                                                |
| - Women in the puplic sector (Allow more women to participate as recruiting       |
|   officers, more involvement of women in the administrative departments)          |
|                                                                                   |
| Second, Support both the home and workplace                                       |
| - Diversification of child care services (Private child care or group child care) |
| - Adjustment of work time and home care time                                      |
|                                                                                   |
| Third, Reemployment                                                               |
| - Preferential support will be provided to "women who have become victim of       |
|   gender discrimination or are in difficult circumstances."                       |
+-----------------------------------------------------------------------------------+


A. Major laws and administrative bodies

1. Laws

  The first law pertaining to gender equality in the  French labor market was based on
the principle of equal pay for equal work between men and  women (The Law of Equal
Pay Between Men  and Women)  legislated in December.  22 1972,  under the  Code of
Work (Code du  Travail)(Elim, Kim, "A  Comparative Analysis of  Foreign Employment
Equality Systems" (Seoul: Ministry of Labor, 1999),  25). On July 11, 1975, the Criminal
Code was revised, and  a comprehensive provision  banning sexual discrimination based
on pregnancy, family circumstances, or gender (Article 187-1, Article 416) was provided,
allowing criminal treatment for acts of gender discrimination.
  Influenced by the ILO and the  EU (the 1976 Council, in particular),  France was first
and foremost to supplement the shortfalls of existing laws to achieve gender equality, as
shown by the  legislation of the  “1983 July 13  Law” (“Vocational Gender  Equality
Law”), which was a revision of the existing Labor Code and Criminal Code.
  Also known as  the “Raudy  Law,” this  law abolished discrimination,  shifting the
policy focus   from “women   protection” to   “equality,” allowing   for provisional
measures in order to eradicate  inequality de facto. The major  contents of this law are
as follows(Catherine Genisson,  Davantage de  mixte professionnelle  pour plus  d'egalit
entre les hommes et les femmes)
· Principle of non-discrimination (Labor  Law L123-1) and general principle  on special
application for wages (L 140-2), recruitment,  collective agreement, and work agreement
(L 123-2)
· Measures to inform workers of the application of  these principles (PR activity, labor
union activity, survey and monitor activity, sanctions for corporations)
· Permission for provisional measures on recruitment, promotion,  education, and wages
developed in favor of women to eradicate inequality of fact (L123-3, L123-4, L 900-4)
· Make it mandatory for  corporations to make annual reports  on women and men  in
executive positions (L 432-3-1)
· Make corporations in consult ation with the labor  union plan to implement measures
favorable to women in order to achieve gender equality (L 123-4).
· Establish  ways  for the  government  to provide  financial  aid to  help  implement
innovative plans to achieve gender equality (Equality Contract)

  The French government’s  view on the  female workforce, as  reflected in this  law,
espouses the coexistence of socioeconomic activity and child birth, which  contrasts with
the views  held by  Scandinavian nations,   where the idea  that hourly-paid   jobs are
suitable for  women is  prevalent, or  the views  held by  Germany or  Austria, where
women are forced to choose between home and work.

2. Administrative Bodies

  The government body that deals with women’s rights in France is controlled by the
Prime Minister. In  detail, the  State Secretary  of Women’s  Rights and  Professional
Training (secr taire d’  tat aux droits  des femmes et    la formation professionnelle)
(The state Secretary reports directly to the  Prime Minister or to another secretary and
is in charge of one entire administratie organization or a special functional administrative
body. The State  Secretary could  also help  the Prime  Minister or  the Minister of  a
certain department in administrative  activities. There are  4 types of secretaries  in the
french  government:  National  Secretary,   Delegate Secretary,   State  Secretary,  and
Independent State Secretary.  Ahn, Young-hoon, "book  mentioned above,'  p.59~61) and
the Women’s Rights Office (Service  des droits des femmes) are  positioned under the
Ministry of Employment and Social Solidarity (minist re de  I’Emploi et de la Solidarit
). The Women’s Rights Office(Internet homepage http://www.social.gouv.fr;  Republique
Francaise, Rapport  sur  la mise  en  oeuvre par  la  France des  recommandations  du
programme d'action de la  quatrieme conference mondiale  sur les femmes:  "Pekin plus
cinq", 49~50, 52~53; Catherine  Genission, Davantage de  mixte professionnelle pour plus
d'egalite entre les hommes et les femmes, 1999) deals with general matters that have to
do with women’s rights, including equal employment. The duties of  this office related
to employment include  the operation  of the  Superior Council  for Vocational  Equality
Between Men and Women (Le Conseil  Sup rieur de l”egalit  Professionnelle  entre les
femme et les hommes) and the Observation  Committee on Equality (L’observatoire de
la parit   ), and   performing female   recruitment related  matters  from  the  national
employment plan.
  In this regard, on December 12, 1998, the Prime Minister asked Catherine  Genisson, a
congresswoman from the Social Party, who was also appointed on October  1999, as the
chairperson for the Observation  Committee on Equality, to  submit a report  on serious
inequalities that still prevail for  women in the workplace  and countermeasures thereof.
In this report, inequality  is analyzed into  four areas: first,  inequality in the  choice of
occupation, second,   inequality in  wages,  third, inequality   in promotion  or  training
opportunity,  and  fourth,   inequality related   to  unemployment   and other   difficult
circumstances. Genisson, with the  help of the  Minister of the  Employment and Social
Solidarity and the State Secretary of Women’s Rights, issued the  report “Analysis of
Vocational   Inequalities   and  Recommendations   Thereof”   (Davantage   de   mixt  
professionnelle pour plus  d’ galit   entre les hommes  et les  femmes)’ in February
1999. This report was more of a policy  recommendation for legislation, rather than just
an academic   report. It  is expected   that it  will have   a great  influence in   future
legislations of   women’s employment  policies. This   report takes  on an   integrated
approach  towards  resolving  inequalities  faced  by  working   women. In   particular,
recommendations such as the implementation of a 35-hour system, and equality-oriented
measures for training and family policies, are made. This report  also suggests a special
measure to encourage corporations to take on positive measures.
  Another important  report recently  submitted  that is,  in nature,  more  of a  policy
recommendation, is the report “Gender Equality: Its Economic Aspect”(l’ galit   entre
les hommes et les  femmes: aspect  conomiques)  developed by the Economic  Analysis
Committee (Le Conseil d’Analyse Economique) in March 1999.

B. Women’s Employment Policy

1. Policy to Promote Equal Employment Opportunity

  The French employment promotion policy is in compliance with the policies of the UN
and EU. Employment related provisions in the UN Beijing Announcement that pertain to
abolishment of gender inequality  include, first, the provision  on applying a recruitment
standard and equal rights  to the possibility  of employment, and second,  prohibition of
dismissal due to pregnancy, child birth or marriage, and imposition of  a penalty in case
such  provision   is violated(Republique   Francaise,  Troisieme   rapport national   sur
l'application de la convention des nations unies sur l'elimination de toutes les formes de
discrimination a l'egard des femmes,  39~40). France also adopts such  principle. A case
in point would be  the provision on  protection for pregnant  women. Employers cannot
reject recruitment based on pregnancy, and pregnant women are not required to disclose
whether or not thay are pregnant at the time of recruitment. Should there be a law suit
involved, the employer is required to justify his/her decision to the judge(Ibid.,54)
  By improving women’s working ability,  the possibility of women being  recruited is
increased and women  are given opportunity  to working under  better work conditions.
Major plans to develop French  women’s work ability can be  seen in the 1999  PLAE
and in Genisson’s recommendations. The PLAE emphasizes the right to use a “group
child care  facility,” development  of a   system to acknowledge  working ability,  and
encouragement of joint-operation with  employers. Meanwhile, recommendations 9-13  of
the Genisson report  suggest a guarantee  for equal training  opportunity, active use  of
remote training, and  detailed reports  on the  training status  according to gender  and
occupation.
  With regard to increasing training opportunities for  employees, number 21 of Genisso
n’s recommendations asks  for inclusion of  women in projects  that link training  and
recruitment. Also, the importance  of guiding female  students on their  future career is
emphasized as a means to helping women realize their potential.
  As women’s unemployment policy, active use of the National Job Placement  Agency
(ANPE) is recommended. In detail, two methods-confirming the ratio  of men to women
in help wanted advertisements  and providing consultation  to women-are suggested  as
means to reduce unemployment. Also, the significance of  gender-specific statistical data
in identifying and  realizing nationwide and  regional unemployment  resolution goals is
noted. Lastly, the  need for  preferential treatment  for single  mothers and  “special”
supplemental measures are discussed.

2. Policy for Equality of Employment Conditions

  The policy  for equal  wages in  France is  gaining influential  grounds through   the
accumulation of cases after enactment of relevant legislation. The policy for “equal pay
for equal value”  bears the  following difficulties:  the complexity  of defining  “equal
value," and   the policy's  conflicti with   the employer’s  “right  to decide   wages."
However, the recent decision in a of the supreme court case takes a progressive step in
its interpretation   of wage  equality between   men and  women(Repuplique Francaise,
Rapport sur la mise en oevre par la France des recommandation 여 programme  d'action
de la quatrieme conference mondiale sur les femmes: "Pekin plus cinq," 58~59)
  The first such case  involved two employees  who worked in  the secretary’s office
but received   different wages.  The  female  employee who   received a   lower wage
demanded the  application  of the   “equal pay  for equal  value”  principle, and   the
Supreme Court confirmed  this application  (C-Cass-29/10/96 St   Delzongle c/Ponsole).
This resulted in confirming the application of equal wages between genders as a general
principle. However, the  employer protested,  claiming that  such application  denies the
individual differences of each employee. The significance  of this legal regulation is that
it grants the  employer the  right to decide  wages while  confirming that the  equality
principle should be followed.
  One of   the major  points  of the   policy for  equal  wages  is the   prohibition of
discrimination in assignment  and promotion. Job  assignment is directly  related to  the
enhancement of work ability  are to experience,  which is directly  related to promotion
which involves a wage raise.
  A recent   issue discussed   in the  Supreme  Court  involves  maternity leave   and
promotion. The  case dealt  with the  joint agreement  which excludes  from promotion
female employees on maternity  leave. This case  became subject to  prior decision and
became problematic  in  the EU’s   court. The  problem was   that even  though the
maternity leave provided  for the benefit  of mother and  child it became  a detrimental
factor for the female employee.  

3. Family Friendly Policy

  The French government holds the view that no  policy that supports female employee
s’ involvement in the labor market can  be successful without mechanisms that enable
a woman to maintain a family and a  workplace employment at the same time. It holds
that this is a precondition to the direct goal of  the employment policy-the promotion of
employment-and equality of working conditions(Ibid.,p.54)
  The need  for such   coexistence is mentioned   in the law   pertaining to 35   hours
regarding the decrease of working  hours. “The supreme committee on  equality in the
working place” continues discussion on subject matters such as adjustment of working
hours and equality in the work place holding such views.
  The most basic  policy for coexistence  of work and  family is the  childcare support
policy. The specific plans for this policy is divided into these major parts: The diversity
of childcare patterns, subsidy or allowances for childcare, and increase of holidays.
  Child care takes  on many  patterns(For reference  to the  French child-care  system,
refer to  Chanyong, Park,  Workers' Welfare  System  of France  (Seoul: Korea  Labor
Research Institute, 1997).  35, and  Shindeok, Choi,  Women's Policy  of France  (Seoul:
Yeonmunsa 1993),.281~293) “Infant Care” (Les creches) is for children  of 2 months to
3 years of age. “Assistant Mothers”  (Les assistantes maternelles) are those  who are
certified by the  Mother and Child  Protection Agency,  as being qualified  according to
certain standards. In  addition, there are  Child Care Centers  (Les-haltes-garderies) for
children of age 0-6,  Nursery School (Les  ecoles maternelles) for  children of age  2-6,
Kindergartens (Les jardins d’enfants), and  cultural centers with programs  to care for
children under age 6 after school and on Wednesdays.
  Among France’s family  subsidies, the  following are  designed to  support working
mothers: Child-Care-in-the-House allowance and Education Allowance
  The Child-Care-in-the-House Allowance (l’allocation de garde  d’enfant a domicile:
AGED) is provided when both parents work and  the hiring of one or more nursemaids
is necessary to  care for  a child  under the age  of 6.  The Education  Allowance (l’
Allocation parentale  d’Education: APE)  is provided  when a  parents quits  a job  or
decreases working hours to care for the child; the  allowance is designed to compensate
for the loss or  decrease in income.  These allowances are having  large effects on  the
flow of female employees in and out of the labor market.
  A survey taken between December 1994 and December 1995, found a 26% decrease in
labor market  participation has  been recorded   among mothers of  two children.   This
shows that after July  1994, one-third of mothers  with two children quit  their jobs or
job-searching and received  benefits from the  Education Allowance.  On July 25,  1994,
The Family Law  extended the  holiday periodSranted  to working mothers  needed for
child care. The following are holidays (leaves) related to child care: long-term chid care
leave, short-term  non-paid leave  for sick   child/ren, as an  alternative to  germanent
emplayment. and freedom to choose for temporary work.
  The Family Law of  1994 extended the pre-birth  and post-birth leaves and  adoption
leaves. The pre- and post-birth leaves are 16 weeks for one or two  children; 26 weeks
for more than two children; and 34 weeks for twins.  The varying periods are meant to
consider the physical burdens of the mothers(Ibid.,.55~56)
  The payments  during pre-  and  post-birth leaves  are calculated  according  to the
net-wage of  the employee   for three months  before  leave. As  of  January 1,  1995,
adoption leaves are also granted  to parents who adopt  children from foreign countries.
When adopting brothers or sisters, the leave can be extended to 22 weeks. The adoption
allowance is  provided as   of the receiving  day  ( or  when  the child  arrives). The
maximum period of benefit is 21 months, and the amount is 964 francs per month.



SWEDEN'S FEMALE EMPLOYMENT POLICY

  Sweden’s employment policy  has focused  on giving every  society member  a job.
This is due to Sweden’s socialist democratic tendency of emphasizing equality, and its
emphasis on equal distribution rather  than equal opportunities in  designing its national
policies.  In  this  respect,  female  employment  policy  in  Sweden  starts  from  the
understanding that female employment involves both genders, not just one.

A. Laws and Administrative Bodies

1. Laws(Elim, Kim,  (1999) A  Comparative Analysis  of Foreign  Employment Equality
System; The Office of  the Ombudsman for Equality  (1999), "Act on Equality  between
Women and Men: The Equal Opportunities Act.")

  Sweden is known as a country highly advanced in realizing equality between men and
women. The Act Concerning Equality between Men and Women, executed as of  July 1,
1980, enhanced the  already very  advanced standards  of gender  equality in  terms of
female employment and gender wage difference in Sweden. This law applies to all areas
of employment relations, including those in  the public and private sectors. The  act has
worked to stimulate  gender equality by  way of  working through prohibitions  against
discrimination based on gender and through promotion of equality. The major content of
the law on gender equality contains the responsibilities  of the employer to plan so that
employees of both genders  can work under equal  conditions. In addition,  when hiring,
employers must hire without distinguishing between genders and must make an effort to
hire have an  equal number of  female and male  employees hired through  mechanisms
such as training.
  An equal number of employees means that  each gender must be at least  40% When
one gender is short  of 40%, the  minority gender is given  priority. However, although
Sweden’s gender equality law  contained such progressive  elements, some are  of the
opinion that this  policy has  drawn the  female work-  force into  the part-time  labor
market and has  therefore actually  worsened the status  of women  and has  increased
wage differences. Even after the law  was enacted, problems of low  wages for women,
increase in the number  of temporary positions  and part-time jobs,  and the burden  of
housework and  childcare still  persisted. In  this regard,  legislation of  a new  law to
correct all the problems mentioned above, that is, problems having been identified during
the 10 years  since the  legislation of the  Act Concerning  Equality between Men  and
Women, was recommended. As a  result, the Equal Employment Act  between Men and
Women was legislated in  1991(Bette known as  the Equal Opportunities  Act With the
legislation of this law, the previous Act  Concerning Equality between Women and Men
was abolished)
  In this act, provisions  on the equality  between men and women  were strengthened;
gender discrimination is prohibited  from the job-searching stage;  lawsuits can be filed
for wage discrimination;  sexual harrassment  must be  explicitly prohibited; direct  and
indirect discrimination is prohibited; employers are required  to develop an equality plan;
and the scope of monitoring by the Equality Ombudsman is expanded.
  The Equal Employment Act between  Men and Women was  revised in 1994 to  once
again strengthen the  provisions on  equality. The newly  strengthened provisions  were
related to wage  discrimination; if  one gender  receives lower  wages or  has to work
under worse working conditions  compared to the  other gender where  the employer is
the same or the value of the work is the same, this is regarded as an illegal act.

2. Administrative Bodies

  The Minister for Gender  Equality takes care  of the overall gender  equality- related
matters in  Sweden. In  order to  resolve  gender equality-related  problems, the  State
Secretary and Political Advisor are referred to, and the Division for the Gender Equality
Bureau is operated which has the authority similar to a central government.
  However, the Division  for Gender  Equality cannot  develop gender  equality policies
independently. Thus, matters  related to the  equality of men  and women are  virtually
dealt with by  the ministers  of related  departments, and the  Gender Equality  Bureau
functions as a monitor.
  The Division   for Gender   Equality is   situated under  the  Ministry  of  Industry,
Employment,  and   Communications. It   is  comprised   of the   Equal  Opportunities
Ombudsman, the  Council  on Equality   Issues, Equal  Opportunities Commission,   and
Regional Experts for Gender  Equality. First, the  Equal Opportunities Ombudsman  was
established in 1980  along with  the Act  Concerning Equal  Employment for  Men and
Women, and it  mainly checks on  how well the  Equal Employment Act  for Men and
Women is implemented. Thus, the Equal Opportunities Ombudsman provides  advice and
information on the  Equal Employment Act  for Men and  Women, and solves  disputes
relating to violations of prohibited provisions and mediates between individual employers
and employees. Second,  the Council  on Equality Issues  is comprised  of 30 members,
including women   activist group  representatives,  political  party  representatives, and
organizations of employers and  employees. The chairperson is  the Minister for Gender
Equality. The  council holds  forums and  promotes  exchanges of  opinions on  gender
equality   issues,  thereby   providing   adjustments  and   advice  so   as   to  have
gender-cognitive perspectives reflected in various policies. Third, the Equal Opportunities
Commission consists  of lawyers, representatives  of the social partners and  employees,
and experts on the labor market and on gender equality issues. The commission?  major
activity is   to impose  penalties on   employers charged  by  the Equal   Opportunities
Ombudsman with violating the Equal Employment Act   and to monitor whether or not
employers perform the duties required of them by the Equal  Opportunity Act. Last, one  
Regional Expert for Gender  Equality is assigned to  each regional government to  deal
with the region’s equality issues and gender mainstreaming issues.

[Figure 1] Government Bodies Related to Equality Between Men and Women
                        +-----------------------------------+
                        |        Minister for Gender        |
                        |             Equality              |
                        +-----------------------------------+
                        |  State Secretary and Political    |
                        |    &nb
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