EGGE EC s Expert Group on Gender and Employment

Transcription

1 EGGE EC s Expert Group on Gender and Employment Assessment of the National Action Plans for Employment from a Gender Perspective Germany 2003 EWERC, Manchester School of Management, UMIST Copyright Disclaimer: This report was produced as part of the work of the European Commission s Expert Group on Gender and Employment (EGGE) and was funded by the European Commission. The European Commission has granted permission for this report to be published in this website. The opinions and views expressed in this report remain the responsibility of the authors and authors alone, and should not be taken to be representative of the views of the European Commission.

2 NAP Report Germany Friederike Maier Introduction Actually Germany faces a lively and highly controversial political process concerning the reforms on the labour market, in labour market administration and in social security systems. The legal changes of the so called Agenda 2010 are in the process of parliamentary decisions, which includes changes in details from week to week. Some of the details are not yet decided, as the laws actually have passed only the Bundestag but have to pass the Bundesrat, the chamber where the Länder are represented. As most Länder do have a Christian-democrat majority it is quite sure that the final version of the Agenda 2010 legislation will be different from what has been decided now. In the NAP 2003 (German version ) the government presents parts which will be influenced by the parliamentary process, the final version is still open. I will try to indicate those parts which are still open and show the effects on gender/women. To give you a general impression: although the reforms included in the Agenda 2010 and the reforms of labour market policy (called Hartz-reforms) will have an impact on women's position both in the labour market and in social security systems, the Government did not react on numerous initiatives and analyses of women's organisations which showed clearly the negative consequences of these reforms on women's position. Although it was stated that gender mainstreaming is a principle of governmental policy (the report of the Hartz-Commission included a statement that all measures following the recommendation of this Commission should be analysed with respect to gender equality), there is no response to the critical comments. Gender mainstreaming is not part of the political process, it is a paper statement not followed by a public debate. Although the process of gender mainstreaming does not require that a government discontinue in following its line when negative effects are identified, one would expect that a government reacts on the reports and initiatives. This is not the case in the actual process in Germany.

3 A. The national employment policy context: progress towards the three overarching objectives National employment policy context: comment on evidence of reference to gender equality/gender mainstreaming, use of gender disaggregated statistics targets and evidence of gender impact assessment of new policies Three overarching objectives Full employment: Reference to specific EU employment target for women National employment targets National employment target for women National employment target for older people (is there a gender break-down?) Specific policies to reach women s employment targets/achieve substantial reduction in gender employment gap. Please assess adequacy of policy to achieve targets etc. and in relation to policies in previous NAPs Y/N Y Not explicitly mentioned Not explicitly mentioned No/no Mentioned are childcare facilities Comment: The German Nap does not follow the systematic of the general NAP, it contains in Part A an explication of the overall strategy of the German government, covering the points 1.labour market/labour law, 2. social security systems, 3.economy, 4. finance, 5. education, training and innovation, 6. accompanying measures The overall policy approach follows the line: reduction of unemployment compensation, more pressure on unemployed persons to take up low paid jobs, reintroduction of marginal part-time jobs without social security payments (quite substantial increase during the last year, ca. 20 % of all employed women are now in a marginal part-time job, called mini-jobs, a number of social security related parttime jobs had been transformed into mini-jobs ). The increase of mini-jobs has negative impacts both on women's economic position and on the financial resources of social security schemes. The lower level of benefits for unemployed persons, especially long-term unemployed, the new means-testing in unemployment compensation, the reduction of the second stage of unemployment compensation on the level of minimum social benefits will affect women: especially married and cohabiting women, lone mothers; once excluded from labour market service (via a restrictive regulation concerning the ability to take up a job), these persons will be excluded from participation in labour market programmes. Programmes for female job returners will be reduced. The new criteria for labour market schemes efficiency (inclusion of benefit claimants and high probability to enter the labour market in

4 regular employment) will affect the labour market programmes with a high female participation rate like further training and returners programmes. Most new regulations will probably increase the gender gap on the labour market and increase the social inequality.

5 Improving quality and productivity at work There is no paragraph in the part A of the German NAP covering these points explicitly, very general remarks are included in the paragraph 6 begleitende Maßnahmen (accompanying measures) p. 11 Dimension to job quality/productivity Intrinsic job quality Skills Lifelong learning and career development Gender equality Health and safety at work Flexibility and security Inclusion and access to the labour market Work organisation and work-life balance Social dialogue and worker involvement Diversity and nondiscrimination Overall work performance Labour productivity and job quality Dimensions discussed Y/N or E (elsewhere in NAPplease give guideline /section) N E guideline 4 E guideline 4 E guideline 6 N E guideline 3 E guidelines 1,5,6,7,8,9 Y mentioned, details in guideline 6 Y mentioned, details in guideline 6 N N N Gender dimension identified and adequacy of the gender approach (good, adequate, limited, very limited) Child care facilities Family friendly working life Gender pay gap Limited Family friendly working life, gender pay gap Limited Gender dimension omitted Comment: The German Nap does not follow the systematic of the general NAP, it contains an explication of the overall strategy of the German government, covering the points 1.labour market/labour law, 2. social security systems, 3.economy, 4.

6 finance, 5. education, training and innovation, 6. accompanying measures and only 6. touches the dimensions required in a very general way. Strengthening social cohesion and inclusion (see comments above) Dimension to social cohesion/inclusion Dimensions discussed Y/N or E (please give guideline/section) Gender dimension identified and adequacy of the gender approach (good, adequate, limited, very limited) Gender dimension omitted Promoting access to quality employment for all women and men who are capable of working Combating discrimination on labour market Preventing exclusion from the world of work Reducing regional disparities, positively supporting economic and social restructuring N The word discrimination is not used in the text, guidelines 6, 7, 8, used is expression: underprivileged groups (different concept than discrimination) N E in Part C Comment: The German Nap does not follow the systematic of the general NAP, it contains an explication of the overall strategy of the German government, covering the points 1.labour market/labour law, 2. social security systems, 3.economy, 4. finance, 5. education, training and innovation, 6. accompanying measures. Social inclusion is not covered in part A of the German NAP

7 B. Response to the specific guidelines: one page per guideline 1.Active and preventative measures for the unemployed and inactive Summary gender mainstreaming Gender mainstreaming Y N Assessment of impact on gender equality Women/gender taken into Policy design N positive account with respect to Statistics Y neutral - women's share in schemes - in unemployment (young, overall, longterm) - no mentioning of the gender impact of the new labour market reforms (Hartz-reforms), as most of the new regulations will be negative concerning women's position (increase in mini-jobs instead of regular part-time jobs, decrease in unemployment compensation, exclusion of inactive groups from schemes etc.) The activation of unemployed means putting a higher pressure (financial and in taking up jobs with lower pay and lower skill requirements) without offering better schemes/programmes. The means-testing for all long-term unemployed will discriminate against married and co-habiting couples, the lowering down of unemployment compensation to the level of social assistance benefits will increase poverty. Targets/evaluation Not mentioned negative X Comment on gender mainstreaming in the guideline: As already mentioned is Germany changing its labour market policy both in terms of financial compensation for the unemployed, administration and programmes/schemes quite substantially. Gender mainstreaming analysis had being avoided by the government, but independent women's NGOs show a wide range of possible negative effects (if you are interested in details I can send you all the papers in German). The target that women should be represented among the programmes participants in the same proportion as among the unemployed, is still valid. Table 4 shows that this is realised only in average, not in every single programme. In some programme like further training women are overrepresented (which is good), in other they are underrepresented (like in subsidies for firms to hire unemployed). The lower proportion of women in programmes directed to help to get a job, is

8 negative. Due to changes in the priorities of labour market programmes and of individual eligibility criteria we expect a falling proportion of women and a widening of the gender gap. In the first version of the Hartz-Paper last summer, we could read that job-centers should concentrate their efforts on family-fathers and lone mothers, and that these are the main target groups of the employment service. This statement disappeared from the paper during the political process, but de facto we will become witnesses of a similar process (minus the lone mothers, as their ability to take up jobs is limited as far as there is not enough child-care). The German Nap does not mentioned the inactive (female) population. As long as Germany has a substantial rate of unemployment and a high rate of unemployed women the activation of women out of the labour force is not an official target.

9 2.Job creation and entrepreneurship Summary gender mainstreaming Gender mainstreaming Y N Assessment of impact on gender equality Women as target group of Policy design y positive x programmes to advice new Statistics n neutral entrepreneurs, growing proportion of women in newly found Ich-AGs i.e. newly established firms of previously unemployed persons (women 40%), Ich-AGs concentrated in service sector activities, positive for women Targets/evaluation Not mentioned negative Comment on gender mainstreaming in the guideline Women are a target group, there are new initiatives concerning women's access to financial support programmes and counselling (newly founded information and service centre for female entrepreneurs will take up work in 2004), changes in the access to found a craft firm (Meister-Brief) will not have a big impact on women, if any than in hairdressing and cooks (restaurants). Development of Ich AGs is an open question.

10 3. Address change/promote adaptability and mobility in the labour market Summary gender mainstreaming Gender mainstreaming Y N Assessment of impact on gender equality Legal regulations concerning Policy design y positive part-time work have a positive Statistics n neutral X effect on women's wish to work part-time (increase in part-time and marginal jobs quite substantial, BUT decrease in women's full-time employment observable) Changes in dismissal regulations (not yet passed the parliaments): as more women work in small firms, more women will not longer be covered by dismissal regulations. Changes in selection criteria when firms want to dismiss persons may have a positive effect on young or married women, as the male earner and old age criteria will be weakened. Targets/evaluation not mentioned negative Comment on gender mainstreaming in the guideline No link here to job quality issues and whether there is likely to be a loss of quality in relation to the flexibility strategy; women returners are not mentioned at all. Equal opportunities not mentioned and therefore not included in promotion of corporate social responsibility. The treatment of gender in issues related to diversity of contracts, working arrangements, working time, career progression, balance of work and private life, balance between flexibility and security, access to training especially for low skilled, working conditions and health and safety: all these points are not mentioned or discussed at all. The NAP mentions only parttime work, dismissal legislation and labour market policy and mobility through international programmes (EU-programmes)

11 4. promote development of human capital and lifelong learning Summary statement Gender mainstreaming Y N Assessment of impact on gender equality No gender dimension included Policy design n positive except in tables/statistics Statistics y neutral x Targets/evaluation n negative Comment: no gender mainstreaming mentioned and even on-going programmes to increase women's proportion in technical education, university studies and in teaching personnel are not mentioned here.

12 5. Increase labour supply and promote active ageing Summary gender mainstreaming Gender mainstreaming Y N Assessment of impact on gender equality Women mentioned as target Policy design n positive group reconciliation policies Statistics n neutral necessary. Higher female participation rates will compensate demographic trends till 2010, there after: migration necessary. Migration: no gender dimension included. Low paid jobs (gender dimension not mentioned but majority of low paid jobs as taken up by women in marginal part-time jobs) Participation rates of older women are mentioned, initiatives: increase of retirement age (i.e. a decrease in pension levels!!), PR-action for employing older persons, lower social security contributions for employers hiring older unemployed persons, fixed term contracts for older unemployed persons, no gender mainstreaming in this part. Targets/evaluation Not mentioned negative Comment: Gender issues are not addressed with respect to availability/attractiveness of jobs, no comment on raising of skill levels also through continuous training. Provision of adequate support e.g. care support for those participating in labour market is mentioned but explained in guideline 6; Analysis of active ageing strategy and outcomes is not disaggregated by gender, the very low proportion of older women in employment is mentioned. But the choosen strategies (increasing of retirement age etc.) may have negative effects on women pensions level, but not on women's employment.

13 6. Gender equality : summary of adequacy of measures to achieve targets Target Specific measures Gender mainstreaming good posit ive Substantial reduction in gender gap in employment target of Stockholm already achieved (only in head-counting!), reached by increase of women's employment, decrease of men's specific measures: - increase of women's proportion in ITvocational training and studies (table 16 and 18 show only moderate progress) - increase proportion in university prof. (table 17 small progress) - several activities with social partners on women in management, awards etc., EU directive, several reports on impact of equality for firms - end 2003: report on equality/positive action in private employment announced (only a minority of 5% of firms has positive actions plans!!) - social partners: talks about flexible working times, child care facilities, family related human resource management, - report on costs and effects of family friendly human resource management (made by Prognos) shows positive effects Nap states that gender mainstreaming is realized in different guidelines see above. X X X X X X neutral or negati ve

14 Substantial reduction in gender gap in unemployment Substantial reduction in gender gap in pay Reconciling work and family life objectives Childcare targets Care facilities for other dependants for firms - monitor family friendly management and report on employees position towards family friendly policy results in 2004 development of unemployment rates better for women than for men, special measures not mentioned Social partners and PR-activities, report on equality by government (announced for end 2003) will include pay dimension, public sector pay scheme will be analysed in light of women's discrimination Right to part-time, right to child-care for children over 3, not sufficient neither in times (lack in full-time schools and childcare) nor in places for small children and school-children. Mini jobs in private households Care for elderly mini-jobs for care Child-care lies in responsibility of local governments, Federal government offers additional subsidies to help communities take up documented in part Anhang 3, p.65 No new initiatives except mini-jobs for Labour market policy (programmes and benefits) will have a gendered impact not discussed Report on effects of (splitting) tax system and report on gender budgeting in Federal budget work in progress X x x X x Prob lem atic initi ativ es prob lem

15 jobs in private households atic Comment: there is some progress in this guideline, as far as the involvement of social partners is concerned. More initiatives (reports, meetings, PR actions) than in previous years. Positive action programmes are now re-named into familyfriendly programmes. I.e. reconciliation of work and family for parents = mothers. Fathers not longer mentioned, impact of new parental leave regulation not mentioned. Women as a potential labour reserve not mentioned, there is only rudimentary integration of GM in the other policy areas (like labour market policy and social security regulations). The labour market deregulation strategy will affect women negatively (more mini-jobs instead of regular part-time or fulltime), less financial compensation in case of longer unemployment, less pensions for older women, less integration in labour market programmes. Dismissal rights may help some younger, married and skilled women in case of dismissals.

16 7. Promote the integration of and combat the discrimination against people at a disadvantage in the labour market Summary gender mainstreaming Gender mainstreaming Y N Assessment of impact on gender equality No gender dimension integrated Policy design n Positive although there are relevant Statistics n Neutral x gender dimensions: School leavers without completed vocational training are mainly males, female migrants have a very low level of vocational training and labour force participation Targets/evaluation Not mentioned Negative Comment: The analysis by disadvantaged groups is not disaggregated by gender. There would be major benefits from such a disaggregation by identifying the different problems of young males, migrant females etc. No gender analysis of immigration at all. The proposal for a new legal regulation of migration is in the parliamentary process but failed in the Bundesrat last year.

17 8. Make work pay through incentives to enhance work attractiveness Summary of gender mainstreaming Gender mainstreaming Y N Assessment of impact on gender equality New regulation of mini-jobs Policy design n Positive (part-time jobs excluded from Statistics n Neutral payments to social security schemes), mainly taken up by women (and some students and pensioners), 20% of all women in employment do have such a job New scheme for entrepreneurs called Ich-AG (previously unemployed receive subsidies to found a one person firm). Targets/evaluation Not mentioned, negative impact on women's position analysed by several experts of women's NGOs Negative x Not yet passed parliament: Reduction of unemployment benefits (first stage) for a maximum of one year (only persons 55 years + 18 months) and of unemployment assistance (second stage) down to level of social assistance benefits, Reduction of income tax tariff (specially positive effects for higher income groups!!!) Comment: the income tax system (tax splitting system) is excluded from all reforms (there is a proposal to cut several tax subsidies, which does not even mention the spouse tax splitting system), the increase of mini-jobs has a negative impact both on women's social security position and on the financial resources of the social security schemes, the reduction of unemployment benefits and assistance will increase poverty and the new means-testing in unemployment assistance will exclude married/cohabiting women with a husband in employment from the schemes. As labour market programmes should be offered only to unemployment benefit recipients this may exclude women from labour market programmes.

18 9. Transform undeclared work into regular employment Summary gender mainstreaming Gender mainstreaming Y N Assessment of impact on gender equality Policy design n positive Statistics n Neutral x negative Mini-jobs and IchAG as instruments to combat undeclared work, debureaucratisation for newly found firms and for small and medium-sized firms Targets/evaluation Not mentioned although part of undeclared work are in private households and related to housework like cleaning, childcare etc. Better services (including publicly provided) would help to create regular employment Comment: mini-jobs are women's job, they often replace regular part-time and not undeclared jobs negative for women. Many undeclared jobs are householdrelated and would disappear if these services would be offered by the public service (child-care) or by non-profit organisations (like cleaning, care for elderly etc.). There are several alternative projects in certain regions which are not supported by the government like service pools for household-services etc. which would have a positive impact on women.

19 10. Address regional employment disparities Summary gender mainstreaming Gender mainstreaming Y N Assessment of impact on gender equality Policy design n positive Statistics n Neutral x negative Gender dimension not mentioned although the difference between East and West Germany is mainly influenced by differences in women's labour force participation Targets/evaluation Not mentioned Comment: Women's different labour force participation is a major issue, but not mentioned here!

20 Recommendations Recommendation Prevention/ activation Change/fle xibility/ada ptability Life-long learning Gender equality Making work pay Under which guideline is this discussed Is there an explicit gender dimension to the recommendatio n If no explicit gender dimension, do policies in this area have a strong gender impact (i.e. strong case for gender mainstreaming) Are gender issues identified in the response Assess the adequacy of the response to the recommendation with respect to the gender equality issues. 1,7,8 no yes no Not adequate 1,3,8,9 no yes partiall y Most changes under these topics may have a negative impact on women 4 no yes no Not adequate 6 yes yes Some positive developments esp. social partners involvement, no response on tax splitting system! (report announced) 1, 3,8,9 no yes no Low paid jobs and minijobs for women do have a negative impact on women's position in labour market, social security systems, and stabilize male earnerhousewife models Comment: The answer of the government to policy recommendations are oriented towards the aim to make paid work cheaper for employers. The impact on women's position is not taken into account and if it is not taken as a serious topic. Child care is a bigger issue today than in previous times, tax system is discussed only in terms of overall tax tariffs and not with respect to tax splitting systems. Impact of tax system addressed in guideline 6, without addressing any consequences. Social partners are involved in more equality initatives than before.

21 C. Good governance and partnerships in the implementation of the employment guidelines Summary Involvement of equality bodies etc in the preparation/ implementation of the NAP Role of social partners in the promotion of gender mainstreaming/specific gender equality polices Adequacy of budget allocation to specific gender policies/ gender mainstreaming and/or evidence of use of structural funds to promote gender equality Not mentioned at all More involved than before by a variety of activities, positive development No information available Comment: any additional points

22 Overall Summary Summary statement(up to 50wrds) on the adequacy of the gender mainstreaming/ specific gender equality policies in the NAP, taking into account the specific national situation with respect to both employment and gender equality. Although gender mainstreaming is a political issue and the government points to the fact that it follows the overall line of GM, we can identify a substantial lack of gender awareness in most big policy areas like labour market policy (programmes, benefits, taxes, social security benefits). There is no gender awareness of the on-going reforms of the labour market and social security schemes. Education, training and vocational policy need a gender mainstreaming as well as migration, policies for the elderly and the inactive. The equality policy in a narrower sense is better involving social partners then before and child care issues are a topic nowadays this is positive. Highlight two issues which you would like to see included in the evaluations of the NAPs from a gender perspective. Issue 1.evaluation of the negative impact of reductions in the social security systems necessary and the low pay strategy (mini-jobs, lower benefits etc.) on women position in labour market, income and in households (poverty/working poor) Issue 2.positive more involvement of social partners