Impact of European Legislation and Case-law on Elimination of Discrimination in Employment Relations in Eu
Year: 2021
Type: article
Abstract: and legal view of the examined issue of non-discrimination in employment relations.Due to our own years of experience in the practice of law and in the field of european labour law we also use doctrinal interpretation. Results and DiscussionThe application of the principle of non-discrimination in its provisions pays particular attention not only to secondary law, but also to primary European Union law.In the text of Article 13 of the Treaty establishing the European Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may adopt measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.In this context Dudić et al. ( 2020) points out that, under Article 141 of the Treaty, each Member State is required to ensure that the principle of equal pay for men and women for equal work or work of equal value is applied.To this end, 'pay' means the usual basic or minimum wage or salary and any benefits paid directly or indirectly by the employer, in cash or in kind, to an employee in employment.In point 4 of Article 141, according to some authors Fletcher (2020) the principle of positive discrimination against employees on grounds of sex and in order to maintain or introduce measures allowing for specific advantages for the underrepresented sex for easier pursuit in a professional activity or to prevent or compensate for disadvantages in professional careers is declared.According to the rulings of the European Court of Justice, the remuneration for work is also considered to be compensation of wages, employer contributions to employees under private (but not state) pension insurance, severance pay at termination of employment, or right to a discount on fares for pensioners.In Case No 43-75 Defrenne v Sabena concerning the determination of equal pay between male and female workers, the Court of Justice, by its judgment of 4 April 1976, established that Article 141 of the Treaty establishing the European Community has a horizontal direct effect and may therefore be invoked by an employee vis-à-vis the employer.It is not important whether the employer is a private or a public body.A thorough analysis of the legal institute of non-discrimination in employment relations regulated by Community law concludes that its internal structural breakdown is multi-spectral.In our view, this means that it is addressed by various social and legal relations.Further decryption offers, in particular, an environment of secondary law, where numerous European Union directives
Author: Tomáš PERÁČEK
Institution: Comenius University Bratislava
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W3204786499