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1.10.1. European Economic and Social Committee opinion on the Commission communication to the Council, the European Economic and Social Committee and the Committee of the Regions - 'Tackling the pay gap between women and men'.
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- Commission communication: OJ C 246, 20.10.2007; COM(2007) 424; Bull. 7/8-2007, point 1.9.2
References:
Council Directive 75/117/EEC on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women: OJ L 45, 19.2.1975
Council Directive 97/80/EC on the burden of proof in cases of discrimination based on sex: OJ L 14, 20.1.1998; Bull. 12-1997, point 1.2.270
Adopted on 22 April. The Committee considers that every Member State must ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied in national legislation and collective agreements, in accordance with Directive 75/117/EEC. As far as existing legislation is concerned, it is necessary that:
it be used effectively to tackle pay discrimination;
the legal scope for positive discrimination measures under EC Treaty Article 141(4) be retained and applied effectively in order to make it easier for the under-represented gender to pursue a professional activity;
employers make annual checks and reviews of wages and wage trends to identify the problems of gender discrimination in job classification systems and implement the appropriate solutions by establishing an equal opportunities plan, including transparent pay systems;
Member States must ensure easy access to mechanisms to appeal and report cases of discrimination, where it shall be for the respondent to prove before a court or other competent authority that there has been no breach of the principle of equal treatment, in accordance with Council Directive 97/80/EC.
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