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Work and Family Life Balance: The Impact of the 35-Hour laws in France
Jeanne Fagnani and Marie-Thrse Letablier
Work Employment Society 2004 18: 551
DOI: 10.1177/0950017004045550
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Jeanne Fagnani
CNRS/Matisse, Universit de Paris 1, Paris, France
Marie-Thrse Letablier
CNRS/Centre dEtudes de lEmploi, Paris, France
A B S T R AC T
Is it sufficient to reduce working time to improve the work and family balance? This
article attempts to answer this question by analyzing the impact of the French law
reducing the working week to 35 hours on the daily life, as perceived by parents
with a young child under six years old. Six out of ten respondents reported a positive impact of the reduction on their work/family balance. Their judgment is
dependent on the organization of work, whether it is regular and based on standard working hours or irregular schedules. It is also correlated to the negotiation
process in the workplace.
Inequalities between workers are revealed: between those employed in sheltered
economic sectors and family-friendly companies, and those who have to accept
unsocial or flexible hours of work in exchange of a reduction of their working
time. The article concludes that the 35-hours law has widened the gap between
these two groups of workers irrespective of gender and professional status.
K E Y WO R D S
35-hour laws / Time policies / working time / work and family balance
Introduction
551
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public support to mothers employment, since the eighties, family policy has
dramatically increased the number of publicly subsidized child care places
(Leprince, 2003), provided working parents with generous maternity and
paternity leaves and has extended access to parental leave schemes. More
recently, it was assumed that the 35-hour laws would also contribute to
improve the management of the daily life of working parents. However, is it sufficient to reduce working time to make it easier to balance work and family life,
especially against the background of increasing work flexibility, diversification
of working hours, and high unemployment? This article attempts to answer this
question and to investigate the role of the reorganization of working time, the
patterns of work schedule, the conditions under which the negotiations were
carried out and the working environment in the formation of parents views of
the impact of the legal reduction in working time on their daily family life. Little
has been said on that topic as the main objective of the laws was to create jobs
by sharing work and then to reduce unemployment. And therefore, evaluations
of the impact of the laws reducing working time focused primarily on the highly
controversial question of job creation whereas little attention was paid to other
objectives (Brunhes et al., 2001). In fact, only results from a large survey by the
Ministry of Work and Social Affairs are available to assess the impact of the 35hour laws on working parents everyday life1 (Estrade et al., 2001; Mda and
Orain, 2002). The survey on the reconciliation of work and family life by parents of young children, which we carried out in 2000, enabled additional analysis on the perceptions of working parents with regard to the effects of the
reduction in working time on their daily lives. Although the survey did not
focus on the impact of the 35-hours laws, it included some questions on that
topic. The responses to these specific questions will be analysed here.
In this article we first provide a general overview of the social and economic context in which the laws reducing working time were created and
implemented. Then, in a data section, we give details on the survey from which
the analyses of the impact of the laws on the work and life balance of working
parents are drawn. Results and findings are presented in the following section.
A short analysis of a more qualitative approach follows. Finally and to conclude, a statistical analysis summarizes the results by specifying the individual
characteristics of the two groups of respondents: those who declared to perceive
a positive impact on the reconciliation of work and family life and those who
perceived a negative impact.
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the number of hours from 39 (in place since the beginning of the 1980s) to 352
(in reality this is expressed as an annual figure of 1600 hours). The policy of
reducing working time was part of the Left Coalition Governments legislative
programme and after its return to power in 1997, it was one of the Jospin
Governments four key elements of social policy, along with universal health
cover, the creation of employment for young people and the reform of benefits
for dependent elderly members of the population.
Against a background of high unemployment (roughly 12% when the law
was drafted), the main objective of the redefinition of working time regulations
was to create employment by sharing the available work. However, at a rhetorical level, the French adoption of a 35-hour working week was also part of the
search for a better worklife balance. Improvements in the social dialogue were
also assumed to produce on-going benefits (Dayan, 2002).
Therefore, the slogan of the years 19801990 work less, live better (travailler moins pour vivre mieux) was taken up by the politicians. The French
approach to a collective reduction in working time also had the objective, more
explicit in the second law, of improving equality between men and women.
According to this perspective, collective reduction imposed by law appeared to
be a means of limiting the development of part-time working, which remains a
strongly gender-based form of work-sharing3 and which, in France, never
received the support of the trade unions. By proposing a reduction in working
time, the Government implicitly aimed to promote greater family parity and a
more equal sharing of paid and unpaid work. As a result, the responsibility for
conciliating work and family life ought to be more equitably shared, in line with
new orientations in family policy concentrating on shared parenting and a less
unequal distribution of parental responsibility (Bttner et al., 2002). This concern for restoring a balance within couples also resulted in the establishment in
2002 of a two-week paternity leave period.
However the working time regime of French households differs from that
of several other European countries: dual-earner families are more likely to be
made up of two full-time employees, working shorter hours, with a relatively
small difference in the time worked by men and women (Franco and Winqvist,
2002). This corresponds to the preferences expressed by women in France as
analysed by C. Fagan in a comparative research on working time preferences in
Europe (Fagan et al. 2001). Therefore, while women in the majority of
European countries would like to work less than 30 hours a week, French
women confirm their preference for full-time employment.
The working time regime of households in France is thus closer to that of
Scandinavian countries than to that of their nearer neighbours (Germany,
Netherlands and UK) where differences in working hours between men and
women remain significant due both to part-time working by women and the
longer hours worked by men. Where part-time employment has increased in
France since the 1980s, this has been in the form of under-employment rather
than as a way of reconciling work and family life. Despite the increasing diversity in working hours, full-time working for both men and women is still a
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tributions for low wage earners6. Many collective agreements stipulated that
wages would be frozen for a certain period of time. For a significant proportion
of part-timers and low-paid workers, the outcome was a cut in real wages,
which in turn might impact on the choice of child care arrangements.
The legislation on working hours has also been made more flexible, and
diversity has been the rule in introducing new forms of work organization.
Against the background of unbalanced power relationships between employers
and employees (taking into account a high unemployment rate and a low level
of trade union representation), employees have sometimes been obliged to
accept flexible working schedules and practices to which they traditionally
objected7. Therefore, their perception of the reduction in working time depends
largely on the way work is organized and how new measures are integrated into
their work regime.
In addition, the 35 working hours are calculated on an average annual
basis, which means that employees may sometimes work 42 hours or more a
week for a few months and much less at other periods. A wide range of options
may be developed within the same company, which reinforces the general
movement towards the individualization and fragmentation of working schedules. As far as management is concerned, the units of reference are working
days, which imply that employees may, for example, have a day off every two
weeks (or have a longer holiday period). But, at the same time, they may continue to work for long hours every day, which does not help them to devote
more time to family obligations.
On the other hand, employees may be satisfied from the point of view of
their working life, but feel that the reduction in working time has had a negative effect on their private life; or, conversely, they may appreciate the consequences for their family life, but attack the detrimental impact on their working
conditions due to an intensification of work, especially when the reduction in
working hours has not been accompanied by an increase in employment within
the enterprise (Estrade et al. 2001; Pelisse, 2002). In our survey, the focus is limited to the influence of the law on parents views with respect to the organization of work and family life. In this frame of reference, we selected working
parents subject to heavy family commitments, that is, with at least one child
under six years old.
We have set out to test the validity of the following two hypotheses:
That the impact of the reduction of working hours on the work and family life balance of parents with young children is more positive where the
organization of the working time is regular, with manageable and predictable hours. As a result, there is a risk that the reduction in working time
widens the gap between protected employees with regular, standard hours
and those others who have to accept flexible work scheduling.
That the manner in which the reorganization of working time is negotiated
between employees and employers, rather than the flexibility of working
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per se, determines the judgment vis a vis the impact of the law on the daily
life.
As Alain Supiot stated, working time regulations limits the employers
hold on the workers life (Supiot, 2001: 64). But is it enough to simply reduce
the duration of working time by legal means for the daily lives of parents with
small children to improve? What factors have influenced their opinions? To
what extent does the way in which the working time is organized, in particular
work schedules, influence their views? The time issues involved in the reduction
in working time are not merely issues concerning the duration of working time;
they also include work scheduling and the management of the flexible working
arrangements. One of the aims of the laws was to liberate time for life outside
work. However, other factors come into play when balancing family and social
life, in particular, the management of the reduction and of the work reorganization.
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Level of education
Low level (no diploma)
Collge, BEPC (equivalent to GCSE)
CAP/BEP/BAC (equivalent to GCE
AS/A Level)
University level
No (has not
made it easier)
Total
60.0
69.6
54.2
40.0
30.4
45.8
100.0 (n = 40)
100.0 (n = 23)
100.0 (n = 332)
61.2
38.8
100.0 (n = 263)
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
Chi-square = 0.222 (N.S.)
Sector of activity
No (has not
made it easier)
State employees
67.7
32.3
57.0
43.0
55.2
44.8
Total
100.0
(n = 62)
100.0
(n = 107)
100.0
(n = 459)
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
Chi-square = 0.236 (N.S.)
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No (has not
made it easier)
56.5
43.5
100.0
(n = 122)
59.5
40.5
100.0
(n = 126)
60.5
39.5
59.2
40.8
Manual workers
52.6
47.4
100.0
(n = 81)
100.0
(n = 240)
100.0
(n = 76)
(n = 13)
Socio-professional category
Others
Total
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
Chi-square = 0.8195 (N.S.)
highlight the effect of the climate prevalent in the company on the views of
employees, depending on whether the employer is more or less family-friendly,
that is, receptive to employees non-work obligations.
Almost half of the respondents had their working hours imposed on them,
while the others were able to negotiate, either through their trade unions or by
choosing the hours themselves. Parents viewed the effect of the reduction in
working time on their family life to be positive where it had been possible to
negotiate the working hours. However they were more frequently discontented
when their working hours had been imposed (Table 4). This confirms one of our
hypotheses and shows the determining influence of the conditions under which
the negotiations were carried out, and also whether there was a possibility of
choosing working hours, on the opinion of working parents concerning the
effect of the reduction of the working time on their work and life balance.
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Table 4 Parents statement according to whether working hours were imposed, chosen or
negotiated
Imposed
YES, has made
it easier
NO, has not made
it easier
TOTAL
(100.0%)
Chosen by yourself
Negotiated
Other
50.6
62.5
66.2
67.5
49.4
37.5
33.8
32.5
100.0%
(49.6)
100.0%
(11.7)
100.0%
(32.8)
100.0%
(5.8)
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
p < 0.005 (significant at 0.5%)
the lack of synchronization between working hours and the opening hours of
facilities for young children, complicates the management of daily life for parents, which forces them to organize complex modes of child care. Even when
parents rely on a registered childminder (the most frequently publicly subsidized child care arrangement for children under three years old) whose working hours are supposed to be more flexible than those of crches, the
childminder often refuses to look after the child outside certain times (Fagnani
and Letablier, 2003).
In their research on the effect of the intensification of work for male and
female employees, Fagan and Burchell (2002) provided clear evidence that
unsociable hours (and long hours) have significant negative effects on the
worklife balance: the greater the level of non-standard hours, the greater the
dissatisfaction. Our research also shows that the views of parents with young
children with respect to the reduction in working time varies greatly according
Table 5 Parents statement according to whether or not they work non-standard hours*
YES
(has made it
easier)
NO
(has not made
it easier)
50.4
49.6
64.1
35.9
TOTAL
100%
(n = 274)
100%
(n = 340)
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
*The question was: For those who work outside the home: do you work regularly or occasionally outside normal working
hours? (after 6.00pm in the evening, at the end of the week, before 8.00am in the morning or during the night)
p < 0.001 (significant at 0.1%)
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NO
(has not made
it easier)
TOTAL
64.3%
35.7%
37.3%
62.7%
100%
(n = 367)
100%
(n = 67)
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
Field: Employees concerned by period of advance notice for working hours
p < 0.001 (significant at 0.1%)
to whether or not they had unsociable working hours (i.e. after 6.00 pm in the
evening, at the end of the week, before 8.00 am in the morning or during the
night). More than six in ten of parents who had fixed and standard working
hours felt that the reduction in working time had improved their daily lives,
against 50 percent of those who worked non-standard hours (Table 5).
In order to organize family activities and manage child care arrangements,
adequate advance notice of the work schedule is vital. The importance of this
issue is reflected in the views of parents: when their employer respects the notice
period (as it is the case for 85% of employees concerned): more than six in ten
expressed a positive opinion on the impact of the reduction in working time,
against only 37 percent where this was not the case (Table 6). In the retail and
service sectors, for example, advance warning had been reduced from two
weeks to one week.
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NO (has not
made it easier)
34 hours or less
60.2
39.8
64.5
35.5
39 hours or more
49.5
50.5
TOTAL
100.0
(n = 141)
100.0
(n = 307)
100.0
(n = 203)
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
p < 0.001 (significant at 0.1%)
Provisions for the reduction in working time are governed by several different parameters. When a working parent is given extra days off, he, or she,
may appreciate this new freedom, without however experiencing any benefit in
the management of his/her daily life. The calculation of working hours on an
annual basis which takes different forms may be seen in a positive light by
parents if it enables them to solve the often difficult problem of school holidays
and to spend more time with their children at these times. Nevertheless the
sharp rise in the periods of working long hours and the irregular nature of work
schedules can increase the difficulty of organizing their working and family lives
for the rest of the year. Of the measures introduced under the reduction in
working time, the cut in weekly working hours was granted with the highest
No (has not
made it easier)
52.7
47.3
52.2
47.8
71.0
29.0
59.5
40.5
TOTAL
Total
100.0 (16.2%)
(n = 110)
100.0 (20.7%)
(n = 136)
100.0 (22.0%)
(n = 145)
100.0 (37.5%)
(n = 247)
(100%)
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
* (N.S.)
** p < 0.001 (significant at 0.1%)
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rate of positive opinions from parents of young children with respect to their
daily lives (Table 8).
Figure 1 Distribution of positive and negative opinions in relation to score given by employee to
employer*
e Each Spot represents the proportion of respondents who gave the corresponding mark to their employer (Scale on the
right of the graph). Ex: 19.2% of correspondents gave mark 1 to their employer.
Source: Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
* The question was: In your view, have your employer, your line manager or the managers of your companys
consideration of the fact that you have to look after one or more children been very, or not at all, good? Could
you award a score corresponding to your evaluation (Score 1 for not at all to 5 for very good)
p < 0.001 (significant at 0.1%)
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sectors who benefited, even before the law was passed, of good conditions
linked to their situation of working parents.
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reduced their availability for family life. Sometimes the new work schedules
turned out to be less compatible with childrens timetables, and the desynchronization of family routines becomes the rule. Furthermore, the reorganization
of work has sometimes been accompanied by more rigidity (where each hour
was counted), ending amicable arrangements between employees and employers. Lastly, the more frequent fragmentation of work schedules increases the
time spent travelling, as reported by respondents working in the trade sector,
the retail and distribution industry, the care sector, transport, clothing manufacture or industrial chemical manufacturing.
On the other hand, parents who give a positive opinion put forward arguments common to both fathers and mothers, and common to a broad spectrum
of professions. Availability is the key word that occurred repeatedly in the
majority of responses: fathers and mothers stated that they could devote more
time to their children than before. This availability was defined as: Saturdays
off; a whole or half day off on Wednesday; more flexible daily working
hours enabling parents to take their children to school in the morning or collect them in the evening; and more time with children during school holidays.
Some mention that they feel less tired and stressed than before, and so can be
more available for their family. Others refer to greater flexibility in managing
days off, or said that they make savings on child care costs, an important issue
for low-income families. Still others cite new opportunities for parents to
arrange to take turns in looking after children. In addition, being able to negotiate a Wednesday or half a day off a week offered more flexibility in dealing
with the constraints of the educational system11.
Almost all the men who stated a positive impact of the 35-hour week on
their family lives emphasized the fact that they spent more time with their children, even when they live separately from the mother. Those fathers or mothers
who voiced a positive opinion on the impact of the reduction in working time
on their daily lives are more likely to have modest or average income, while
those who said they took more days off with their children are higher educated
holding jobs at managerial or supervisory level. A recent study of the measures
used to reduce working time according to different occupations provides same
outcomes (Afsa et al., 2003).
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Table 9 Variables that best describe the two groups of parents who had answered yes or no
to the following question *: Do you feel that the law on the 35-hour week has made it easier for
you to combine your family life with your working life?
Variables
Test-value p
4.71
p < 0.001
3.58
p < 0.001
3.23
3.12
0.001
0.001
2.98
2.98
2.80
1.97
0.001
0.001
0.003
0.024
3.68
p < 0.001
3.58
p < 0.001
3.49
3.23
3.03
2.80
2.20
p < 0.001
0.001
0.001
0.003
0.014
Source:
Enqute conciliation vie familiale et vie professionnelle, CNAF, 2000.
(Survey on Reconciliation of Family and Working Life, CNAF, 2000).
* The key variables have been put in order of priority with the help of the value-test using SPAD software
(Version 3) (A. Morineau, 1984, Notes sur la caractrisation statistique dune classe et les variables-tests, Bulletins
techniques, Centre Statistique Informatique Appliques,Vol. 2, no12, pp. 2027)
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Notes
1 Enqute RTT et modes de vie (Study on Reduction of Working Time and
Lifestyle), DARES, Ministre de lemploi et de la Solidarit, Paris.
2 The Aubry 1 law, dating from 13 June 1998, abrogates the measures set out
in the Robien law of 1996. These measures instituted compensations to companies that reduced the working time of their employees in order to encourage
the creation of new jobs. Aubry 1 went further, setting the legal duration of
working hours at 35 per week from 1 January 2000 for companies with more
than 20 employees, and from 1st January 2002 for all others. Aubry 1
included a new clause on aid encouraging companies to negotiate a reduction
in working time before the date at which the decree in the legal limit came into
force. These measures for aid were subject to the signature of a convention with
the State, following an agreement between social partners. Companies which
linked the reduction of working time to an increase in the size of the workforce
also benefited from a cut in social contributions (6% for a reduction in working time of 10%, and 9% for a reduction of 15%). Relief was also given to
companies facing economic difficulties who kept staff on instead of laying them
off. The Aubry 2 Law (19 January 2000) extended the application of the 35hour week to small companies. The second law contains amendments to the
first law, covering the overtime regime, the working time regime for managerial
employees and the modulation of working time. In particular, the second law
puts forward a broader range of options for reducing hours, including specific
measures for top and middle management and supervisory staff. It implements
new reductions in employers contributions and establishes a system guaranteeing the income of employees paid at the level of the SMIC (statutory minimum wage). The two laws define two phases in the implementation of the
working time reduction: the first one was incitative and the second one was
imperative.
3 Eighty-five percent of part-time jobs are held by women (Source: Employment
Survey, INSEE, 2002).
4 Defined as working the same hours every week. This was the case for about
three quarters of full-time employees, excluding teachers, in 1995 and 2001.
5 It should be remembered that this data takes into account only the measures
applied by the first Aubry law, therefore before its full extension to the public
sector and small companies with less than 20 employees.
6 Employers did not have to pay for the social security contributions of their low
paid employees.
7 It is illustrative that sometimes they do not even take up the recently established
paternity leave which is statutory for the employer: only 40 percent of fathers
took two weeks off within the four months following the birth of their child
during the second semester of 2002.
8 A CSA/Liaisons Sociales telephone survey of 765 employees representative of
the French population aged over 15 years carried out in March 2001 reached a
very similar conclusion. When asked the question In your opinion, has the
change to the 35-hour week enabled a better reconciliation of family and working life?, 64 percent of those questioned responded positively (68% in the
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11
12
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public and 63% in the private sector), 25 percent responded negatively (20%
in the public, and 28% in the private sector) and 11 percent were undecided.
Previous to the Aubry laws, the Robien law, dated 11 June 1996, instituted a
system of help to companies that set up a reduction in working time to encourage or safeguard employment. This measure was abrogated when the first
Aubry law came into force.
A total of 365 responses to the open question were analysed.
In France, children attending nursery school (cole maternelle) or primary
school (until they are 11 years old) do not have school classes on Wednesday.
So, parents have to find solutions for their children to be cared for.
The Values-tests method was used to interpret the classes. According to this
method, is considered to be significant, for a given class, any variable for which
the variable mean within the class deviates significantly (statistically) (+ or )
from the mean of the variable on the whole sample (Morineau, 1984). The risk
of error has been fixed at 5 percent.
A probability P is associated to the value-test. So, if the value-test is >1.96 (full
value), the deviation is significant at 5 percent (bilateral test). At 10 percent the
value-test is 1.64. To get the corresponding probability, multiply by 2.
See note 2.
References
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Jeanne Fagnani
Jeanne Fagnani is Research Director at the Centre National de la Recherche
Scientifique (CNRS) (MATISSE, University of Paris 1). From 1990 to 1994, she was
responsible for the research programme funded by the National Family Allowance Fund
(CNAF). As an Expert Member of the European Observatory on National Family
Policies (19941997), she had, among other things, to analyse systems of transfers
(income tax and family benefits) as far as families were concerned. At the CNRS she has
conducted many comparative research projects, funded by the European Commission,
in collaboration with European colleagues. In these projects she has investigated, in particular, the interactions between family policy, female employment and labour markets.
She has recently made a comparative analysis of family policies in Germany and France
and highlighted their impact on their respective fertility rates and mothers employment
patterns. She is currently the French partner of the European team Transitions (funded
by the European Commission) which is conducting a three-year cross-national
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September 2004
comparative research: the overall objective is to examine how young men and women
negotiate motherhood and fatherhood and work-family boundaries in the context of
different national welfare states regimes. She recently published, in collaboration with
Fine-Davis, M., Giovannini, D., Hojgaard, L., and Clarke, H., Fathers and mothers. Dilemmas
of the work-life balance, A Comparative Study in Four European Countries. Dordrecht,
Boston and London: Kluwer, 2004.
Address: 39 rue dEstienne dOrves 92260 Fontenay Aux Roses, France.
E-mail: fagnani@univ-paris1.fr
Marie-Thrse Letablier
Marie-Thrse Letablier is Research Director at the Centre National de la
Recherche Scientifique (CNRS) in Sociology (Centre dEtudes de lEmploi) in Paris
(France). Her main research interests include work, family and gender issues from a
European and comparative perspective. She has been involved in several European
Research Networks, on social and family policies, on womens employment and on
work and family balance. Her publications include Families and Family Policies in Europe
(with Linda Hantrais, Longman, 1996), Familles et travail: contraintes et arbitrages (with
Jeanne Fagnani, Paris: la Documentation Franaise, 2001) and a chapter on Work and
Family Balance: a new Challenge for Politics in France in J. Z. Giele and H. Holst edited
book Changing Life Patterns in Western Industrial Societies (Elsevier, 2003).
Address: Le Descartes I 29, promenade Michel Simon 93166 Noisy le Grand, Cdex,
France.
E-mail: letablie@mail.enpc.fr