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The Directive prohibits all discrimination on the grounds of sex in relation to pay. It offers recourse to judicial process for persons disadvantaged by a failure to comply with this principle and protects complainants against the employer's reaction. It also calls upon the Member States to eradicate any discrimination laid down in national laws, regulations or administrative provisions and to inform workers of measures taken in application of the Directive.
The principle of equal pay entails, for the same work or for work to which equal value is attributed, the elimination of all discrimination on grounds of sex with regard to all aspects and conditions of remuneration. Where a job classification system is used for determining pay, it must be based on the same criteria for both men and women.
Employees wronged by failure to apply this principle must have the right of recourse to judicial process to pursue their claims.
Discrimination in legislative provisions
Member States shall abolish all discrimination between men and women arising from laws, regulations or administrative provisions which do not comply with the principle. They shall take the necessary measures to ensure that provisions appearing in collective agreements, wage scales, wage agreements or individual contracts of employment which are contrary to the equal pay principle may be declared null and void. They shall ensure that the equal pay principle is applied and that effective means are available to take care that it is observed.
Protection against the employer's reaction
Employees shall be protected against dismissal by the employer as a reaction to a complaint within the undertaking or to any legal proceedings aimed at enforcing compliance with the equal pay principle.
Information and communication
The provisions adopted pursuant to the Directive and relevant existing legislation shall be brought to the attention of employees.
Member States shall forward all necessary information to the Commission by the deadline specified, to enable it to draw up a report on the application of the Directive.
The aim of the Directive is to reinforce the basic laws with standards aimed at facilitating the practical application of the principle of equality to enable all employees in the Community to be protected, as there are still disparities between Member States despite efforts to date.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
|Directive 75/117/EEC||12.2.1975||12.2.1976||OJ L 45 of 19.2.1975|
|Amending act(s)||Entry into force||Deadline for transposition in the Member States||Official Journal|
|Directive 2006/54/ECrepeals Directive 75/117/EEC of 14.8.2009||15.8.2006||15.8.2008||OJ L 204 of 26.7.2006|