WRITTEN QUESTION No. 564/96 by Elly PLOOIJ-VAN GORSEL to the Commission. Educational salary system which discriminates against women returners
Date: 1996-03-11
Institutions: European Parliament, PLOOIJ-VAN GORSEL
Subjects: Netherlands, gender equality, parental leave, pay, sexual discrimination













EUR-Lex - 91996E0564 - EN






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91996E0564

WRITTEN QUESTION No. 564/96 by Elly PLOOIJ-VAN GORSEL to the Commission. Educational salary system which discriminates against women returners  


Official Journal C 217 , 26/07/1996 P. 0071 





WRITTEN QUESTION E-0564/96 by Elly Plooij-van Gorsel (ELDR) to the Commission (11 March 1996)Subject: Educational salary system which discriminates against women returnersThe salaries of employees in the Dutch education system are based on the number of years service, with a teacher receiving an automatic salary increase each year. When a teacher who has not worked for a number of years returns to work the new salary is the same as the last salary earned. This means that women who stop work for a couple of years to look after children and then wish to return to the classroom are at a financial disadvantage by comparison with their colleagues who have continued to work because of these salary arrangements. The committee for equal treatment in the Netherlands considers this system to be unjustified, especially as the care of children is deemed to be experience which is not relevant to education.1. Does the Commission consider it justified that temporary cessation of work will always mean a lower salary?2. Does it consider that only paid work experience should determine salary levels?3. Does it consider that this salary system discriminates (indirectly) against women?4. If so, does it conflict with Article 119 of the Treaty? What action does the Commission intend to take?Answer given by Mr Flynn on behalf of the Commission (8 May 1996)Reorganisation of working time is one of the priorities defined by the European Council at Essen. In this context the emphasis is on policies designed to encourage parental leave and other forms of career breaks. These policies are addressed both to men and women and focus on two aspects, viz. the assurance of being able to return to the previous job under the same conditions as before the career break and continued rights to social protection.The principle of equal pay for equal work for women and men is enshrined in Article 119 of the EC Treaty. Moreover, Directive 75/117/EEC ((OJ No L 45, 19.2.1975. )) notably fleshed out the concept of equal pay for work of equal value. The European Court of Justice has developed extensive case law interpreting this concept.To assess the equal value to be attributed to a job it is possible to bring proceedings at national level and the Member State concerned is responsible for empowering an authority to decide on the issue of equal value ((Case 6/81, Commission v. the United Kingdom, ECR 1982, p. 2601. )).However, the only way to make comparisons in the event of de facto discrimination coming within the remit of Article 119 is through concrete assessment of the services actually provided, in the context of a given establishment or service, by workers of different sex ((Case 129/79, McCarthy Ltd. v. Wendy Smith, ECR 1980, p. 1289. )).Hence, no comparison can be made between parents who have interrupted their career to look after their children and workers who continue to work.