EUROPEAN UNION LAW

European Union Law Coursework

European Union Law Coursework

Advise Fiona, Roopa and Mandy on the basis whereby EU law on sex discrimination (Art 157 TFEU - formerly Art 141 EC) can be argued to the above events and critically assess whether each could be successful in actions against the company for sex discrimination.

Discussion

Problems of discrimination in employment on grounds of sex are very relevant in the world today. The principle of non-discrimination is one of the most important labor laws in the European Union (EU) and the first follows from the general legal principle of equality of opportunity and prohibits discrimination. Analyzing the relevant statutory provisions, in the Labor Laws for the European Union, we may find the following basic approaches to the concept of discrimination and ensure equal opportunities for men and women in labor relations.

A common understanding of the principle of equality revealed through the thesis that being on equal footing workers must acquire equal rights and responsibilities. This is applicable not only in the area of labor legislation, but also in social welfare. Initially, the principle of equality in employment regardless of gender considered in the context of equal pay for work of equal value. At the same time securing the latter was primarily of economic importance. However, later case law recognizes that the right to equal treatment is one of the fundamental human rights, while noting the social value and of the principle.

As a general rule, guarantees of non-discrimination in the employment relationship are, on the one hand, to consolidate the prohibition of discrimination (including gender), on the other - in the development and regulation of the legal measures aimed at achieving de facto equality in employment.

As noted above, the legal prohibition of discrimination - a common origin for the constitutional systems of EU countries. Except for such activities, the requirement as to permit their implementation, a person of a gender (special requirements for work performed). In practice, it can be found as a direct manifestation of discrimination, along with the indirect.

Direct discrimination means the restriction of equality of opportunity, which based on reasons such as age, sex. Thus, the Act on Equality between men and women in Switzerland prohibits any manifestation of discrimination both at the stage of the employment contract and in determining conditions of work, the distribution of job duties, salary. The law also establishes liability for discriminatory: along with the need for an employer to cease any discriminatory action set compensation at a rate of three wage the worker, sometimes up to 6 months.

Indirect discrimination may occur, for example, with reference to the legal regulation of labor on a part-time or part-time employment of other forms. Given the statistics that, in such forms of employment, mainly women involved (e.g. Germany) can be regarded as a manifestation of indirect discrimination to establish differences in the legal status of workers on full-and part-time. Thus, the Federal Labor Court of Germany has determined that the exclusion of workers employed part-time from the scope of pension insurance, ...