.gif){kind=small}
BACK TO HOME
PAGE BACK TO HOME
PAGE EUROPEAN REVIEW
IN ITS CONTINUING DRIVE to ensure equal treatment for all and put an end to discrimination (see issue 12 page 2) the European Union has added another directive to its 'anti-discrimination package' which puts into practice the provisions of article 13 of the Amsterdam treaty signed three years ago. The proposals, which were approved by the Council of Economic and Social Policy Ministers on 11th. June, will revise the 1976 Equal Opportunities directive in the light of both case law from the European Court of Justice and the other directives in the package. When formulating all laws Member States will be obliged to test them as to whether they further equality between men and women (gender mainstreaming). The proposals also set out definitions of both direct and indirect discrimination which 'shall exist where an apparently neutral provision, criterion or practice disadvantages a substantially higher proportion of the members of one sex unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex'.
For the first time harassment, including sexual harassment is recognised as discrimination, it 'shall be deemed to be discrimination on the grounds of sex at the workplace when an unwanted conduct related to sex takes place with the purposes or effect of affecting the dignity of a person and/or creating an intimidating, hostile, offensive or disturbing environment'. This provision will require Member States such as Spain, Portugal and Greece to introduce anti-harassment legislation for the first time although European Commission figures indicate that between 30% and 50% of females and 10% of males have experienced sexual harassment at work. According to Andrew Fielding, spokesman for the Employment Commissioner, 'This directive will put the ball in management's court to provide a harassment-free workplace....whether or not it was the manager who is the harasser'. Among some of the other effects of the proposed directive are a clearing up of the case law on 'excluded occupations'. There have been a number of judgements at the European court in which governments have defended themselves on the basis that certain occupations were outside the scope of the old directive. These have involved such issues as the banning of women from the Royal Marines (see European Review Issue 9 page 6). The new directive will insist that it 'is subject to strict scrutiny. First, the exclusion can only concern specific posts. Secondly, Member States are under the obligation to re-assess periodically the legitimacy of the exclusion'.
The proposals also re-inforce national legislation in the areas of maternity leave 'A woman who has given birth shall be entitled, after the end of her period of maternity leave, to return to her job or to an equivalent post with no change in her working conditions' and affords similar protection for men on paternity leave. Court cases on positive discrimination (see page 6 in past issues) are also taken into account in the proposed directive: 'the possibility to adopt positive action measures is to be regarded as an exception to the principle of equal treatment' but 'automatic priority to women, as regards access to employment or promotion, in sectors where they are under-represented cannot be justified'. The proposals will now be submitted to the European parliament for discussion as part of the co-decision procedure. They originally gave Member States until the end of this year to implement the directive although this could be delayed by the parliament
The provisions of the proposed directive on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
Article 1 requires Member States to introduce measures to promote the objective of equality between men and women.
Article 1a defines sexual harassment as 'discrimination on the grounds of sex at the workplace when an unwanted conduct related to sex takes place'.
Article 2 paragraph1defines indirect discrimination as 'where an apparently neutral provision, criterion or practice disadvantages a substantially higher proportion of the members of one sex'.
Article 2 paragraph 2 exempts 'a genuine occupational requirement' from the principle of indirect discrimination.
Article 2 paragraph 3 guarantees the right of a woman to return from maternity leave to return to her job or an equivalent post with no change in working conditions.
Article 6 instructs Member States to pass laws to allow employees who have not received equal treatment to seek redress and compensation.
Article 8 obliges Member States to set up bodies to promote the principle of equal treatment, to pursue complaints by individuals and to conduct surveys on discrimination.
|
The text of the proposed directive can be found on the Internet at |
http://europa.eu.int/comm/employment_social/ |
IN ITALY A DEAL has been signed by local authorities to stamp out sexual harassment at work. It provides a definition of harassment, a declaration of the right to be protected and both an informal and formal procedure for dealing with cases.Training for both staff and management will seek to heighten awareness and employers must conduct an annual survey to monitor progress.
THE GERMAN NATIONAL carrier Lufthansa has settled with its ground and cabin staff while a dispute with pilots continues. The deal includes a 3.5% annual pay rise and a 1,100 Deutsche Mark lump sum which can be taken as shares. Meanwhile the former Foreign Minister, Hans-Dietrich Genscher, is trying to reconcile management and unions who are currently demanding a 24% basic pay rise. The company has offered 13%.
AUSTRIAN BANK workers may have to give up their Saturday afternoons in future as unions and employers have agreed that a maximum of 10% of a company's branches may open then. The new shift may only be worked by volunteers who are to receive 1,000 Austrian schillings or work a four day week in recompense. This is a new departure for Austria as retail opening hours are restricted by consensus.
|
Back to |
Forward to |
Up to |
Back to |
