The negotiation of collective agreements in France: Challenges and characteristics of negotiating gender equality

The negotiation of corporate agreements in France, the cornerstone of labor relations, has been the subject of much research. However, few address the issue of the process of the negotiation of a company agreement on gender equality, a theme that has been mandatory since the Génisson 2001 Act. This issue presents certain particularities (the transversal nature of gender equality across various Human Resource areas, legal framework obligations, etc.) that may affect the negotiation process. To clarify this issue and to enrich both the literature on labor relations and the literature on gender equality our contribution seeks to identify the characteristics relative to negotiations on gender equality. As part of a CIFRE thesis (Industrial Convention of Formation by Research) and using participant observation in the negotiation of a corporate agreement on gender equality as well as interviews conducted with both union and management negotiators, we have been able to identify certain characteristics particular to negotiations on gender equality compared to the negotiation of agreements on other subjects. In particular, the definition of the theme of negotiation (gender equality) plays a central role in the negotiation; the transversal nature of this theme to various HR processes (recruitment, remuneration, promotion…) has strong implications on negotiators' bargaining leeway as well as on the role of unions vis-à-vis management; finally, the documented legal framework that attaches great importance to statistical indicators, can result in unattainable quantified commitments being included in the agreement.