Europa The concept of pay within the meaning of Article 119 of the Treaty comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer, and irrespective of whether the worker receives it under a contract of employment, by virtue of legislative provisions or on a voluntary basis. It includes compensation received for losses of earnings due to attendance at training courses imparting the information necessary for performing staff council functions. Although such compensation does not derive as such from the contract of employment, it nevertheless constitutes a benefit paid indirectly by the employer, since it is paid by virtue of legislative provisions and under a contract of employment. Where the category of part-time workers includes a much higher number of women than men, national legislation which, not being suitable and necessary for achieving a legitimate social policy aim, has the effect of limiting to their individual working hours the compensation which staff council members employed on a part-time basis are to receive from their employer for attending training courses which impart the knowledge necessary for serving on staff councils and are held during the full-time working hours applicable in the undertaking but which exceed their individual part-time working hours, when staff council members employed on a full-time basis receive compensation for attendance at the same courses on the basis of their full-time working hours, contravenes the prohibition of indirect discrimination in the matter of pay laid down by Article 119 of the Treaty and Directive 75/117 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women.
Citations:
C-457/93, [1996] ECR I-1243, [1996] EUECJ C-457/93
Links:
Jurisdiction:
European
Cited by:
Cited – Barry v Midland Bank Plc HL 22-Jul-1999
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 16 August 2022; Ref: scu.161234