Equal Opportunities

(source: European Union)

General Information 

As a citizen of the European Union (EU), you have many rights of which you may not be aware. Did you know, for example, that, whatever the country you are working in, you enjoy a right to equal pay for equal work or work of equal value regardless of your sex? Or that you must have the same training opportunities as workers of the other sex?

The EU is publishing this series of guides explaining your rights so that you can make the most of the opportunities available to you. The guides also point out the conditions attached to your rights.

The scope and the diversity of these rights is so great that a brief description of them cannot hope to take in every individual situation. If you require any additional information, please do not hesitate to get in touch with one of the contact points listed at the end of this guide.

As a citizen of the European Union, you have the right to work in any country of the Union (see the guide 'Working in another country of the European Union'). Whatever country you are working in, Community legislation lays down that you should not be discriminated against in the workplace on the basis of your sex. This means that, whether you are a woman or a man, you should be treated equally and granted the same rights and opportunities in the workplace.

Discrimination can occur in two ways:

Direct discrimination occurs when men and women are treated differently, for example in terms of pay, solely on the basis of their sex. Direct discrimination also includes discrimination on the grounds of pregnancy and maternity since this is inseparably linked to gender, for example when a woman is refused a job, training or promotion just because she is pregnant; Indirect discrimination occurs when men and women are treated differently because an apparently neutral provision, criterion or practice determining recruitment, pay, working conditions, dismissal, social security, etc., in practice disadvantages a substantially higher proportion of the members of one sex.

Such provisions, criteria or practices are prohibited under Community law, unless it is proven that they are justified by objective reasons in no way related to any discrimination based on sex. For instance, the linkage of certain kinds of benefit to criteria such as marital or family status, and the notion of head of household or 'breadwinner', can result in indirect discrimination. Another criterion which can result in indirect discrimination is part-time work, which is taken up mostly by women. For example, the fact of excluding part-time workers from a company's pension scheme will very likely affect a far greater number of women, and can therefore be discriminatory, unless the exclusion is justified by objective reasons unrelated to sex.

Rights to Equal pay

Equal pay for equal work If you hold the nationality of a Member State and you work in the European Union, you should receive the same pay of a worker of the opposite sex performing the same work as yours, provided that you both have the same employer. However, differences in salary can be justified if they are due to objective factors unconnected with sex, such as qualifications, experience, etc.

Work is often thought of in terms of job titles. Some job titles are exactly the same for men and women doing the same job, whereas some have a male and female alternative. When jobs with different titles are essentially the same, their remuneration should be the same. For example an air hostess and a cabin steward, who work for the same company, are equally qualified and do the same work, should be equally paid; if one gets paid more than the other then their right to equal pay for equal work has been infringed.

The term 'pay' covers all benefits provided by the employer to you in connection with your employment. These benefits can be received under contract, statutory or collective provisions, or on a voluntary basis, and they can be in cash or in kind (for example travel facilities or housing), or in the form of shift premiums or overtime pay. The benefits also encompass future benefits such as redundancy benefits which will be received when employment has ended.

EQUAL PAY 

Equal pay for work of equal value Men and women are also protected from discrimination which may occur when they are performing different jobs for the same employer. For this reason, Community law gives you the right to receive equal pay for work of equal value.

In concrete terms, this means that where a woman (or a man) undertakes work as demanding as that of the other gender, even though the work is different, she (or he) should receive the same pay and benefits unless there is a non-discriminatory explanation for the differential.

To determine whether the work performed by a man and a woman are of equal value, a comparison of their work is required. This involves assessing the nature of the tasks and the demands made upon the workers in carrying them out, such as skill, effort, responsibility, etc.

Only the nature of the job is relevant to this assessment. So other factors, like the fact that one works part-time and the other full-time, are not relevant, and cannot justify in themselves the wage differential.

In each Member State there is an authority with the power to decide if work has the same value as other work, after having obtained the necessary information. As each Member State has different mechanisms for resolving individual claims concerning equal pay for work of equal value, you should consult the relevant addresses at the end of this guide.

The right to equal pay for equal work and work of equal value applies both to the public and private sector, whether the pay has been decided by collective agreements, wage scales, wage agreements or individual contracts.

To illustrate the range of factors which may be involved in assessing work of equal value, consider a female secretary and a male production line worker employed in the same company, where the secretary thinks that her work is undervalued by comparison to that of her male colleague. To determine if the complaint is well founded the two jobs need to be compared, by analysing the nature and demands of the tasks undertaken. Job descriptions should be prepared and aspects of the duties involved such as skill, effort and responsibility taken into consideration, in order to determine whether the two jobs, though different, can be considered of equal value. If it is found that the female secretary does work which is equally demanding or more demanding, but is paid less, the employer must justify the wage differential as being based on grounds other than discrimination on grounds of sex.

The employer might claim that the reason for the pay difference is that the secretary and the production line worker belong to two different collective bargaining groups or different unions, which have negotiated different rates of pay. However, collective agreements must respect the principle of equal pay for equal work and work of equal value. It is possible that the post of secretary is almost entirely filled by women, and the post of production line worker by men. Therefore, if the collective bargaining arrangements result in lower pay for a group composed predominantly or almost exclusively of women, this will constitute an infringement of the basic Community right to equal pay, unless the difference in pay results from objective factors which in no way discriminate on the basis of sex.

The employer might argue, for instance, that the reason for the pay difference lies in the market rates generally paid for the jobs in question. In such a case, he has to prove that his argument is not tainted with sex discrimination but explains or justifies the whole difference.

Job classification systems: In some Member States, job classification systems are used as mechanisms to categorize jobs in order to determine the relative pay in a hierarchy of jobs.

When a job classification or evaluation system is used to determine the pay, that system must be based on criteria which do not discriminate against one sex. The system should therefore take into account criteria for which workers of either sex can show aptitude.

For instance, while the system may contain the criterion of physical strength, it should also take into account other criteria so as to avoid sex discrimination. The system should try to reach a balance between different factors present in the jobs without penalizing those factors present in jobs typically held by women (e.g. manual dexterity, human relation skills or caring skills).

Whether your pay is determined by a job classification system or not, you have the right to know which criteria are used to determine pay.

To help assess whether workers of different sex are paid equally for work of equal value, the European Commission has issued a 'Code of practice on the implementation of equal pay for work of equal value for women and men'.

The Code, which is not binding, aims to provide concrete advice for employers and collective bargaining partners to ensure that the principle of equality between women and men performing work of equal value is applied to all aspects of pay. In particular it aims to eliminate sexual discrimination whenever pay structures are based on job classification and evaluation systems.

You can obtain a copy of the Code from the Commission's Representative Office, the address of which is given at the end of this guide.

Access to employment: 

Employers should not discriminate between men and women when recruiting workers. So, for instance, job advertising biased in favour of one sex is contrary to Community law.

However, there is an exception to the non-discrimination rule where the gender of the workers is an essential factor in the job. If it is objectively proven that only workers of one sex can perform all the tasks related to the job, then the employer is allowed to recruit only men or only women for that job.

For example, in professions such as fashion models or actors/actresses, gender may be considered as a determining factor

Vocational training: 

Men and women doing the same job have the right to receive the same training and educational opportunities.

Promotion: 

Employers should not discriminate when deciding which employees to promote. They must consider workers in terms of aspects such as their skills, education, performance and seniority, and not in terms of gender.

Working conditions: 

Employers are not allowed to apply different working conditions to men and women doing the same job, notably with respect to the grounds for dismissal, but also in terms of matters such as dress code, job flexibility etc. Your right to equal working conditions applies irrespective of whether the conditions are laid down in collective agreements, individual contracts or the rules governing independent professions.

Positive action: 

Community law allows EU countries to undertake several positive action initiatives. Positive action initiatives can be undertaken both by the Member State or by companies.

While there is no official definition of positive action as such, it does include all measures which are designed to counter the effects of past disadvantages, to counter the effects of existing discrimination and to promote equality of opportunity between men and women in the field of employment. Positive action can take different forms.

A first type consists of measures which aim to eliminate the causes of the underemployment and reduced career opportunities for either sex, by intervening, in particular, when career choices are made and in vocational training.

A second type of positive action includes measures trying to achieve a better balance between family and work responsibilities and the more even distribution of these between the two sexes. Examples include the development of childcare infrastructures or the introduction of career breaks.

A third type is based on the idea that positive action should make up for past disadvantages. As a consequence, preferential treatment can be prescribed in favour of certain categories of persons. For example, this may take the form of targets for the employment of women in sectors and professions where they are under-represented, particularly as regards positions of responsibility.

In the context of those initiatives, one sex may be treated differently from the other, but since their aim is to promote equality, such initiatives can be considered to be compatible with the principle of equal treatment between men and women.

THE RIGHTS FOR WORKING WOMEN WHO ARE PREGNANT, HAVE RECENTLY GIVEN BIRTH, OR ARE BREASTFEEDING

Pregnancy and maternity represent a period during which women are particularly vulnerable in terms of their health. Women are therefore protected by Community law and national provisions against specific risks linked to their condition, while preventing it being used as an excuse for discrimination in the workplace.

Community law grants you a series of specific rights to ensure that you are sufficiently protected before and after giving birth, irrespective of the country in which you are working.

These rights aim to protect women's health in the workplace, to grant them a minimum period of leave and to protect them against unfair dismissal.

Health and safety in the workplace 

If you are a working woman, and you are pregnant, have recently given birth or are breastfeeding, you have the right to a certain level of health and safety in the workplace. In order to benefit from such a right, you must inform your employer of your condition.

If your work involves a specific risk of exposure to certain dangerous agents, processes or working conditions, your employer should firstly assess the risks to your safety or health, and any possible effects on your pregnancy or breastfeeding.

Once this assessment has been done, your employer should inform you of the results. If there are any risks, your employer should take the necessary measures to ensure that your exposure to such risks is avoided. This must be done by adjusting either your working hours or your working conditions, for as long as the risk to which you are vulnerable continues to exist in the workplace.

If the adjustment of your working conditions and/or hours is not possible, then your employer should move you to another job.

If moving you to another job is not a practical proposition, then you have the right to be granted leave in accordance with national legislation and/or practice for the whole period necessary to protect your health and safety. You cannot be obliged to perform duties for which the assessment has revealed a risk of exposure which would put your health and safety in danger.

Night work: 

You are not obliged to perform night work during your pregnancy, nor during a period following childbirth, the length of which is determined by the national authority in charge of health and safety. If you wish to exercise this option, you should be transferred to daytime work. Where a transfer is not possible you should be granted leave from work or an extension of your maternity leave, according to national legislation and/or practice, with payment of an 'adequate' allowance.

Pregnancy and maternity represent a period during which women are particularly vulnerable in terms of their health. Women are therefore protected by Community law and national provisions against specific risks linked to their condition, while preventing it being used as an excuse for discrimination in the workplace.

Maternity leave: Whatever the country you are working in, if you are pregnant, you are entitled to a continuous period of maternity leave of at least 14 weeks. This period must include the two weeks before and after birth.

Women on maternity leave do not necessarily receive full pay; although they should receive any pay rise awarded before or during maternity leave. The amount of maternity pay is fixed by the national legislation of the country you are working in and should be at least equal to the value of sick pay.

This right is granted provided that you fulfill the conditions of eligibility for such benefits as laid down by national legislation. In any case, your employer cannot require a qualifying period for the acquisition of such rights of more than 12 months.

Time off for ante-natal examinations: You have the right to take time off, without loss of pay, in order to attend ante-natal examinations where these can only be carried out during working hours.

Prohibition of dismissal: As a general rule you cannot be dismissed on the grounds of being pregnant during the period from the beginning of your pregnancy to the end of your maternity leave. Nevertheless dismissal is possible if there is an exceptional case not connected with your condition and which is permitted under national legislation and/or practice, and if the employer can provide valid reasons for your dismissal in writing (in some Member States the employer also needs an official authorization). However, if your employer claims that the tasks that you perform are essential to the operation of the business during your maternity leave, that is not considered sufficient evidence to justify dismissal.

PARENTAL LEAVE AND TIME OFF FOR URGENT FAMILY REASONS 

Measures such as parental leave and urgent family leave are also important because they help men and women reconcile their obligations arising from their working and family lives.

The rights you are entitled to in these fields will apply throughout the Union from 3 June 1998, except in the United Kingdom where the legislation will be applied at a later date. The Community legislation in fact implements an agreement concluded between representatives of European labour and management under the Union's 'Agreement on social policy'.

Parental leave: 

As a working parent in the EU, you have an individual right to parental leave, on the grounds of the birth or adoption of a child, to allow you to take care of that child for at least three months. The age of the child in respect of whom this leave should be taken varies by country.

Whether you are a father or a mother, you are entitled to parental leave and there should be no discrimination in your country as to whether it is granted to the father or mother. Although both parents have a three months entitlement, one parent cannot transfer the right to parental leave to the other.

At the end of parental leave, you have the right to return to the same job or, if that is not possible, to an equivalent or similar job consistent with your employment contract or employment relationship.

When you want to take parental leave, you are required to give adequate notice and to confirm your intention to return to work afterwards.

If, when the parental leave starts, you have acquired or you are in the process of acquiring certain rights, such as those relating to seniority or pension, they shall be preserved until the end of your leave.

The detailed provisions about parental leave (e.g. pay, periods of notice, etc.) vary according to the country in which you are working.

Time off for urgent family reasons: You have the right to take time off from work in cases where the sickness of or accident to a member of your family requires your immediate presence. The law of the country you are working in defines the conditions to be fulfilled in order to exercise this right, as well as the amount of time per year and the circumstances in which you are allowed to take urgent family leave.

HOW TO GET YOUR RIGHTS RECOGNIZED AND ENFORCED 

If you are in dispute with your employer, you are entitled to defend your rights. Every Member State has special judicial bodies and courts which can deal with your problems concerning equal rights and opportunities for men and women (see: useful addresses). In a certain number of cases, you can also obtain help and legal advice from professional associations or trade unions.

If you do claim that your rights to equal pay, equal treatment or equal social security benefits, or your rights to adequate health and safety or parental leave have been infringed, your employer is not allowed to react to such a complaint by dismissing you.

If you consider that national, regional or local authorities have wrongly interpreted your rights under Community law, or that they have discriminated against you, you should assert your rights by complaining to the administration concerned. If you are not satisfied with the response, there are other ways to enforce your rights.

You should start by following national procedures, because you have a range of possibilities open to you and you may be awarded compensation. National courts are required to ensure that rights based on Community law are respected and, where necessary, set aside any national measure which infringes it. If there is any doubt, the national court may refer the case to the European Court of Justice in Luxembourg before taking a decision.

If domestic law does not provide sufficient remedy, there may be scope for proceedings based on the direct enforceability of Community law.

In addition, there are also ways of raising your case at Community level. Firstly, you can complain to the European Commission (see: useful addresses).

If the Commission considers your complaint well-founded, it can contact the national authorities concerned to ask for an explanation and to request that the infringement of Community law be terminated. If the Commission is not satisfied with the response of the national authorities, it can open infringement proceedings against the country concerned. This may lead to the case being referred to the European Court of Justice in Luxembourg.

You may also present a petition to the European Parliament (see: useful addresses) or raise your complaint with a Member of the European Parliament, who can put questions to the Commission and the Council. Their reply to the question must be made public.

You can also contact the European Ombudsman (see: useful addresses), but only if your complaint concerns maladministration by one of the Community institutions (e.g. the European Parliament, the Council or the European Commission), or by any decentralized body of the Community (e.g. the European Training Foundation). Generally speaking, 'maladministration' means administrative irregularities or omissions.

The European Ombudsman cannot deal with complaints concerning national or local administrations.

IRELAND 

• EUROPEAN COMMISSION REPRESENTATION IN IRELAND
  18 Dawson Street Dublin 2 
  Tel. 01-662 5113 Fax 01-662 5118
• EUROPEAN PARLIAMENT OFFICE IN IRELAND
  43 Molesworth Street, Dublin 2 
  Tel. 01-605 7900 Fax 01-605 7999

EUROPEAN ECONOMIC AREA 

All queries relating to the exercise of your rights in European Economic Area countries which are not members of the European Union (Norway, Iceland and Liechtenstein) should be addressed to:

• EFTA Secretariat 
  74 rue de Trèves B-1040 Brussels 
  Tel. (+32-2) 286 1711

EUROPEAN OMBUDSMAN 

• Mr. Jacob Söderman, 
  1, Av. du Pres. R. Schuman BP 403 F-67001 Strasbourg Cedex 
  Tel. (+33) 388 17 40 01 Fax (+33) 388 17 90 62

IRISH AUTHORITIES 

• The Employment Equality Agency 
  36 Upper Mount Syreet Dublin 2 
  Tel. 01-662 45 77 Fax 01-662 15 39 
  e-Mail: info@equality.ie
• The Department of Justice, Equality and Law Reform 
  43-49 Mespil Road Dublin 4 
  Tel. 01-667 03 44 Fax 01-667 03 66 
  e-Mail: ann-doyle@eqlaw.irlgov.ie
• Head of Equality Service 
  Labour Relations Commission 
  Tom Johnson House Beggars Bush Haddlington Road Dublin 4 
  Tel. 01- 660 9662 Fax 01- 660 9271 
  e-Mail: sweeneyd@entemp.irlgov.ie

UK EUROPEAN COMMISSION OFFICES IN THE UK 

• 8 Storey's Gate LONDON SW1P 3AT United Kingdom 
  Tel. (+44) 171-973 1992 Fax (+44) 171-973 1900/10
• WINDSOR HOUSE 
  9/15 Bedford Street BELFAST BT2 7EG United Kingdom 
  Tel. (+44) 1232-240 708 Fax (+44) 1232-248 241
• 4 Cathedral Road CARDIFF CF1 9SG United Kingdom 
  Tel. (+44) 1222-371 631 Fax (+44) 1222-395 489
• 9 Alva Street EDINBURGH EH2 4PH United Kingdom 
  Tel. (+44) 131-225 2058 Fax (+44) 131-226 4105

EUROPEAN PARLIAMENT OFFICE IN THE UK 

• 2 Queen Anne's Gate LONDON SW1H 9AA United Kingdom 
  Tel. (+44) 171-227 4302 Fax (+44) 171-227 4302

EFTA 

All queries relating to the exercise of your rights in European Economic Area countries which are not members of the European Union (Norway, Iceland and Liechtenstein) should be addressed to:

• EFTA Secretariat 
  74 rue de Trèves B-1040 Brussels 
  Tel. (+32-2) 286 1711

EUROPEAN OMBUDSMAN 

• Mr. Jacob Söderman, 
  1, Av. du Pres. R. Schuman BP 403 F-67001 Strasbourg Cedex 
  Tel. (+33) 388 17 40 01 Fax (+33) 388 17 90 62

UNITED KINGDOM AUTHORITIES GENERAL ENQUIRIES 

• Equal Opportunities Commission 
  Overseas House Quay Street Manchester M3 3HN United Kingdom
• SOCIAL SECURITY 
  Tudor Roberts
  Department of Social Security 
  International and European Union Relations 
  9th Floor, The Adelphi 1-11 John Adam Street London WC2N 6HT United Kingdom