COMMUNICATION FROM THE COMMISSION - A CODE OF PRACTICE ON THE IMPLEMENTATION OF AQUAL PAY FOR WORK OF EQUAL VALUE FOR WOMEN AND MEN
Date: 1996-07-17
Institutions: European Commission
Subjects: code of conduct, equal pay, gender equality, pay policy, sexual discrimination

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  17.07.1996 
COM(96) 336  final 

COMMUNICATION FROM THE COMMISSION 

A CODE OF PRACTICE ON THE 
IMPLEMENTATION OF EQUAL PAY FOR WORK 
OF EQUAL VALUE FOR WOMEN AND MEN 

INTRODUCTION 

SUMMARY 

PART I: 

ADDRESSEES  OF THE CODE 

A. 

B. 

C. 

Businesses 

Partners  in  wage-negotiation 

Individuals 

PART U:  STUDY OF PAY STRUCTURES 

A. 

B. 

C. 

Relevant  information 

Assessing  the general  information 

Particular  aspects of  the pay  system 

PART 

ffl:  FOLLOW-UP WORK WITH A VIEW TO SECURING EQUAL PAY 

A. 

B. 

C. 

CONCLUSION 

Approach 

Aspects  which could be part of a follow-up  action 

Evaluation of the follow-up  work 

INTRODUCTION 

The  principle  of  equal  pay  for  men  and  women  for  work  of  equal  value  is  based  on 
Article  119 of  the Treaty  of  Rome and on the  1975 directive relating  to the  application 
of  the principle  of equal  pay  for  men and  women1. 

Despite these provisions of Community law  having been adopted and transposed  into the 
legislations  of  the Member  States  20 years ago,  the differences  in pay between  women 
and men remain considerable.  Indeed,  information  available on the manufacturing  and 
retail trade sectors (by way of an example) shows a significant  disparity between women 
and  men's  wages  in all  the Member  States. 

What is more,  it is confirmed  that these pay differences  are even greater for  non-manual 
than they are for manual workers, which reflects the many different  types of job available 
and  the tendency  for  men to occupy  managerial  positions  and women  to be secretaries, 
whereas  in the case of manual workers,  the distribution of jobs,  and therefore  of pay is 
more  restricted  (the  calculation  of  the  disparity  of  women  and  men's  pay  is based  on 
gross average hourly pay for manual workers and on gross average monthly pay for  non-
manual  workers). 

However,  it is worth noting that the average wage is calculated on a  general base which 
includes  the  pay  both  for  full  and  part  time  workers.  The  fact  that  the proportion  of 
women with  a part-time job  is greater  than that of  men could partly  explain  why  they 
make up a greater  proportion  of  those on low pay. 

The  difference  between  women  and  men's  incomes  is  due  to  many  factors  and  in 
particular: 

to  the  vertical  and  horizontal  segregation  of  jobs  held  by  women  and  men 
(so-called  female jobs  are still  generally  less well paid), 

to the numerous  sectors of the economy  where mainly men work,  offering  extra 
pay, working time bonuses etc, all of which widen the pay disparities between the 
sectors  outside of  the base rates, 

to  the  considerable  differentiation  in  pay  resulting  from  collective  agreements 
linked to the recognition of skills, to the type of business and the type of industry 
or  sector.  Gender-specific  segregation  in  employment  applies  to  each  of  these 
divisions,  increasing  the potential  for  such  differentiation, 

to the systems of collective agreements which allow salary structures to reflect the 
negotiating  power  of  different  groups  of  employees.  As  a  result,  women  are 
generally  weaker  in negotiations. 

'Directive  (EEC)  N.  75/117  of  the  Council  OJ  N.  L  45,  19.2.1975, p.19 

3 

In order to help lessen this difference,  the Commission has decided to adopt this code of 
practice which follows on from  its Memorandum on Equal Pay for Work of Equal Value, 
published  in June  19942. 

The  Code  aims  to  provide  concrete  advice  for  employers  and  collective  bargaining 
partners at business, sectoral or intersectoral level to ensure that the principle of equality 
between women and men performing  work of equal value is applied to all aspects of pay. 
In particular  it aims to eliminate sexual discrimination whenever pay structures are based 
on job classification  and evaluation  systems. 

The  Code  is  intended  to be applied  in the workplace both  in the public and  the  private 
sector.  Employers are encouraged to follow the recommendations in the Code, adapting 
them to the size and the structure of their businesses.  The nature of the approaches and 
the  Code  is  neither  exhaustive  nor  legally  binding  but  provides 
measures  set  out  in 
models for action which could be taken in the area in question.  The Code should be read 
in conjunction  with the memorandum,  which illustrates the principle of equal pay  in the 
light of  the decisions  of the Court  of Justice of  the European  Communities. 

Codes of practice are more widely and effectively  applied when they have been conceived 
in close co-operation with the intended users. This is why the Commission consulted the 
social partners  on the content and drafting  of the current code.  It was essential  for  the 
Code to reflect,  as far  as possible,  the approach proposed by the social partners,  which 
was that the Code should be short,  its use voluntary  and effective  and  that  it should  be 
capable of being  used during different  stages of collective  bargaining. 

Essentially  the Code proposes  two things: 

* 

* 

that negotiators at all levels, whether on the side of the employers or the unions, 
who  are  involved  in  the  determination  of  pay  systems,  should  carry  out  an 
analysis of the remuneration system and evaluate the data required to detect sexual 
discrimination  in the pay  structures  so that remedies  can be found  , 

that a plan for  follow-up  should be drawn up and  implemented to eliminate any 
sexual  discrimination  evident  in the pay  structures. 

2COM {94)  6  final 

PART II 

ADDRESSEES  OF THE CODE 

A.  BUSINESSES 

The  Code  is  principally  aimed  at  employers  regardless  of  whether  they  are  from  the 
public or private sector  because the principle of equal pay for  work of equal value must 
in  the  first  instance  be  applied  by  employers,  who  are  required  to  pay  equal  wages 
whenever  work  of  equal  value  is  being  carried  out  by  male  and  female  workers  and 
whenever  a difference  in pay cannot be explained  or justified  other  than on the basis of 
the worker's  sex . 

It  is  worth  noting  the  particularly  important  role  played  by  the  public  authorities  as 
employers.  Indeed,  the full  application of the principle of equal pay in the public sector 
would  have an added value by  serving  as a good example. 

Businesses,  are  of  course 
their 
representatives,  to apply the measures proposed  in the Code,  in the  manner  most suited 
to their  size and  structure. 

in  agreement  with  their  staff  and/or 

invited, 

B.  PARTNERS  IN WAGE NEGOTIATION 

The Code targets  the social  partners directly.  Indeed,  most pay  scales are  the result of 
collective  bargaining  at  sectoral  or  intersectoral  level.  The  Court  of  Justice  of  the 
European  Communities  has  also 
stated  on  a  number  of  occasions  that  collective 
agreements  must respect the principle of equal pay  for  the same work or  work of equal 
value. 

The task is therefore  one of helping the parties in wage negotiations to remove all direct 
or  indirect  discrimination  from  the collective agreements  concerned,  thereby  obtaining 
equal recognition  for  the work of women and men when the job requirements  to be met 
are equal. 

Indeed it would be desirable if at this level and subject to any necessary adjustments,  the 
type of approach proposed  could also be applied  in relation to analysis of pay  structures 
and  follow-up  action. 

C.  INDIVIDUALS 

Finally,  the  Code  also  aims  to  assist  women  and  men  who  believe  their  work  is 
under-valued  because  of  sexual  discrimination  to  obtain  the  necessary  information  to 
resolve  their problem  through negotiation or,  as a last resort,  to bring  the matter  to the 
national courts. 

It should be noted  in this respect that the question of equal pay goes far  beyond  a mere 
study  of  pay  structures  within  any  one  business,  sector  or  group  of  sectors.  It  also 
requires  action  at  national  level  not  only  on  behalf  of  employers'  and  employees' 
associations but also by governments. To this end, for example, a national-level statistical 
apparatus  allowing a survey  to be carried  out concerning  the relative  pay rates  found  in 
various  branches,  sectors  or  regions  could  prove  to  be  an  effective  instrument  in  the 
measurement  of  the  extent  to  which  a  worker's  sex  accounts  for  the  differences 
established. 

PARTE 

STUDY  OF PAY  STRUCTURES 

The  study  of  pay  structures  aims  to 
reveal  any  possible  under-valuation  of  work 
typically carried out by women in comparison with that typically carried out by men and 
vice-versa.  To this end  the employer  must determine,  preferably  in agreement  with  the 
staff  and/or  their representatives,  what useful  pieces of information  should be gathered 
and  then  evaluate  this  information  to  see  if  there  are  signs  of  any  procedures  and 
practices  relating  to pay  which  are at the root  of  instances  of  discrimination. 

This  study  should  comprise  three  phases.  First  the  relevant  information  should  be 
collected  and  then  it should  undergo a two-stage evaluation.  The first  stage would  be to 
draw  up a general  table showing  the sex and pay of  workers,  and  then the second  stage 
would  consist 
identified  as  potentially 
discriminatory. 

in  analysing  those  pay-related  elements 

A. 

THE RELEVANT  INFORMATION 

Information relevant for the purposes of the analysis should be collected across the whole 
of  the  organisation's  workforce.  Pay  analysis  within  one  establishment  or  within  an 
individual  grading  or  bargaining  structure  is  not  adequate  as  problems  of  sex 
discrimination  may  well  arise  between  employees  who  work  at  the  same  or  separate 
establishments,  across grading  structures  or  in different  bargaining  units.  The focus  of 
the information  collected will vary according to the structure of the company and its pay 
system.  Some  of  the  information  set  out  below  will  not  be  relevant  to  some 
organisations.  It is for  the organisation to determine,  in conjunction  with its employees, 
what  information  is relevant  and  necessary  for  the analysis. 

1. 

Employees 

Information  about  employees  should  be  obtained  from  personnel  and  payroll 
records  to show:-

gender 
grade 
job  title 
hours  of  work  excluding  breaks 
bargaining  unit  or  collective  agreement 
required  entry  qualification 
other  relevant  qualifications 

length of  service with  organisation 
length  of service with  other  relevant  organisations 
basic pay 
additional  payments  and contractual  benefits 

The  information  should  include  temporary  staff  as  well  as  those  who  are  on 
permanent contracts  and any employees  who work as  homeworkers/outworkers. 

2. 

Pay arrangements  and practices 

Information  about  pay  arrangements  and practices  should  be  obtained  from  the 
organisation's rules,  handbooks and collective agreements.  This will vary  from 
organisation  to organisation but  may  include: 

job  descriptions 
grading,  classification  and  evaluation  systems 
grading/classification  criteria 
pay provisions  of collective  agreements 
rules governing  entitlement  to pay and other  contractual  benefits 
job  evaluation  manual 
performance  pay  handbook 
rules  governing  the operation  of bonus and  incentive  schemes 
piece work  or  contract  work pay  arrangements 
information  on  the  market  situation  of  individual  jobs  where 
relevant. 

It is important that information  is also obtained on pay arrangements and 
pay practices  which  follow  custom and practice  as well as formal  rules. 

B. 

ASSESSING  THE GENERAL  INFORMATION 

The first  stage of  the assessment  of the  information  should  be the  establishment 
of  a  general  picture  on  gender  and  pay.  An  analysis  may  reveal  that  the  pay 
system  rewards  employees  by  reference  to  qualifications.  It  may  be  that  the 
qualifications  rewarded  do  not reflect  the  informal  qualifications  which  women 
have  acquired.  For  example,  in  some  Member  States  sewing  skills  might  not 
attract  a certificate  but sewing  machinists  could not undertake  the work  without 
such skills. The definition  of qualifications  may need to be reviewed and in some 
cases expanded.  Are the qualifications  necessary  for  the jobs  performed? 

Where a large organisation has a complex pay structure,  a clear course of action 
to address discrimination identified may not emerge. Therefore the wage structure 
should  be  transparent. 
c h n i iM  h*»  trî>ncr»ar«ant 

The general picture will provide an overview of pay arrangements and will assist 
in the identification  of  areas  for  priority  attention.  Particular  aspects  of  the pay 
system  will require a greater  depth of analysis. 

Examples of  key  indicators of potential  sex bias are given  below: 

women have lower  average earnings  than men with the same job  title. 

women have  lower  average earnings  than men  in the same grade. 

women  in female  dominated  unskilled jobs  are paid  less  than  the  lowest 
male dominated  unskilled job. 

jobs predominantly occupied by women are graded or evaluated lower than 
jobs  predominantly  occupied  by  men  at  similar  levels  of  effort,  skill  or 
responsibility. 

women  are  paid  less  than  men  with  equivalent  entry  qualifications  and 
length  of  service. 

where  separate  bargaining  arrangements  prevail  within  one  organisation 
those dominated by men receive higher pay than other bargaining  groups 
dominated  by  women. 

the  majority  of  men  and  women  are  segregated  by  different  grading, 
classification  and  evaluation  systems. 

part-time  or  temporary  workers,  who  are  mainly  women,  have  lower 
average  hourly  earnings  than  full-time  or  permanent  employees  in  the 
same job  or  grade. 

part-time  or  temporary  workers,  who are mainly  women,  have access to 
fewer  pay  and  other  contractual  benefits. 

different  bonus  arrangements,  piece rate and  other  "payments-by-result" 
systems, apply in different  areas of production affecting  disproportionately 
one  gender. 

different  bonus,  piece  rate  and  other  "payment  by  results"  calculations 
apply to different jobs in the same department affecting  disproportionately 
one  gender. 

different  overtime  rates  apply 
disproportionately  one  gender. 

in  different  departments  affecting 

holiday  entitlements  vary  between  jobs  in  the  same  grade  affecting 
disproportionately  one  gender. 

Whilst  the  findings  above  do  not  in themselves  mean  that  there  is unlawful  sex 
they  all  merit  further  investigation.  Each 
discrimination  in  the  pay  system, 
element  in the make-up  of pay or  in the entitlement  to pay and other  contractual 
benefits  needs  to  be  analysed  to  ensure  that  there  is  an  objective  justification 
which is not affected  by the sex of the workers explaining the differences  in pay. 

C.  PARTICULAR ASPECTS OF THE PAY SYSTEM 

Practices  will  vary  from  organisation  to  organisation  and  this  will  affect  the 
outcome  of  the analysis.  Set out  below  are  examples  of  practices  which  might 
prove  to be discriminatory  together  with  guidance on how  to address  them. 
However,  it  should  be  stressed  that  these  practices  are  only  mentioned  as 
examples  and  that  it  is  in  no  case  implied  that  they  are  to  be  found  in  all 
organisations. 

1. 

Basic Pay 

Women are consistently appointed at lower points in a pay scale than 
men are. 

Examine recruitment  and promotion records  to see if different  treatment 
is objectively justifiable  irrespective  of  sex. 

Are qualifications  rewarded by allowances necessary for  the posts?  Is the 
way  qualifications  are defined  affecting  women  adversely? 

Women are paid less than male predecessors  in the job. 

Check if job duties and responsibilities are the same or have changed.  Do 
the changes justify  any pay  reduction? 

Women  progress  more slowly  through  incremental  scales  and/or 
seldom reach higher points. 

Check  whether  service  pay  is linked  to  ability  to do  the job  rather  than 
length of service. Where women have broken or shorter periods of service 
because of family responsibilities,  they may be less able to meet length of 
service  criteria. 

Investigate criteria  by which employees are progressed  through  a scale. 

Men  are paid more,  by supplement  or by  a higher  grading,  because 
of  "recruitment  and retention" problems. 

Adopt  measures  to  deal  with  recruitment  and  retention  problems  eg: 
existing  staff  could  be trained  and  then avail  of  development  initiatives. 
The pool  from  which  staff  are  normally  drawn could  be  expanded.  For 
example  clerical  and  non-manual  staff  might  be  considered 
for 
management  training  and  apprenticeships  through  the  use  of  positive 
action. 

2. 

Bonus/Performance  Pay and  Piece Rates 

Female and male manual workers receive the same basic pay but men 
have access to bonus earnings. 

Check  if  the  differences  in  access  to  bonus  can  be  objectively  justified 
irrespective of sex.  Do the differences  in earnings reflect  real  differences 
in  productivity?  Investigate  how  access  to  overtime,  weekend  and  shift 
working  is provided. 

Performance 
timers/employees  covered by the appraisal system. 

is  only  available 

pay 

to 

senior  posts/full 

Check  if  the  coverage  of  the  scheme  and  the  exclusions  are  objectively 
justified. 

Women consistently  receive  lower performance  ratings than men. 

Review the criteria  for  performance  rating  to identify  direct and  indirect 
sex  discrimination. 

3. 

Pay  Benefits 

A smaller percentage  of  women employees than  men are covered by 
the organisation's  pay  benefits. 

Check  the  eligibility  requirements  for  pay  benefits  (such  as  sick  pay, 
pensions, low interest loans, share options scheme or other allowances) to 
ensure there  is no  indirect  discrimination  in particular  in the  criteria. 

4. 

Part-time  workers 

Part-time  workers  receive  lower 
excluded from  bonuses  and benefits. 

hourly  pay  rates  or  they  are 

Part-time workers are often excluded from pension and sick pay schemes. 
They  may be required  to work  many  more years  than full  time  workers 
before  they  are eligible  for  training  or  service  payments.  Unless a  clear 
and objective explanation  is provided,  the exclusion  of part-time workers 
is  likely  to  amount  to  sex  discrimination.  Check  whether  part-time 
workers  are  treated  differently  and,  if so,  why. 

5. 

Job Classification.  Grading.  Evaluation and  Skills/Competencv-based  systems 

Job evaluation, grading classification and skills/competency-based systems 
are mechanisms which are used  in some Member  States to determine the 
hierarchy  or  hierarchies  of  jobs  in  an  organisation  or  group  of 
undertakings as the basis for pay systems. The following  comments are to 
assist those organisations which use such schemes to analyse them to check 
they do not inadvertently discriminate against typically female  workers in 
particular.  Pay  systems based  on such  schemes  may  have been  in place 
in organisations for many years, without any review and many incorporate 
features  which  contribute  to  the  undervaluing  of  work  undertaken  by 
women. 

10 

a.  Nature of the organisation 

is  the  objective  of  the  organisation?  What  is  its  nature? 

What 
What services  and/or products does it  provide? 

Asking  these questions  will contribute  to a determination  of  whether  the 
design of the scheme reflects reasonably the priorities of the organisation. 
It may  transpire  that by valuing  certain  elements  in work  the priority  of 
the  organisation  is  not  reflected.  For  example,  a  scheme  in  a  hospital 
which fails to value at all the care of patients but over-emphasises  financial 
skills and  responsibilities  may require  review. 

b.  Type of Scheme 

Is  the  scheme  capable  of  measuring  the  different  elements 
diverse  work  or does it  rank jobs  without such  assessments? 

in 

Are different 
jobs  covered  by  different  schemes,  for example  one 
for manual and one for clerical workers, or are all jobs covered by the 
same scheme?  In the latter case, is the system capable of evaluating 
evenly the  work performed  by different  groups  of  employees? 

Is it  appropriate to the jobs  covered? 

Because of gender segregation in the labour  market and the argument that 
traditional  job  evaluation  and  classification  schemes  are  not  capable  of 
classifying  inherently different  work on a uniform scheme, often there has 
been no common yardstick  for  measuring typically  male and female jobs. 
Schemes which do not cover  certain  types of predominantly  female  work 
obviously cannot determine whether such work may be equally demanding, 
albeit in different  ways, as male work. The concept of equal pay for  work 
of equal  value requires the measurement of diverse work by reference  to 
a  common  standard.  Whilst  this  approach  is  not  common,  some 
organisations  are  attempting  to  integrate  manual  and  clerical  jobs  into 
unified  systems.  If such a scheme is put  in place  it assists in the removal 
of  sex bias  normally  associated  with gender-segregated  pay  structures. 

c.  Job titles 

Are different  job titles given where similar  work  is  undertaken? 

Different job titles may be given to the same or similar jobs  distinguished 
only  by  the  gender  of  the job  holder  eg:  Storekeeper,  Stores  Assistant. 
This  may have  implications  for  status and pay  levels. 

11 

d.  Job Content 

Do  the  job  descriptions  describe  all  the  work  of  the  jobs  and  of 
typically  female jobs in particular? 

Do  the  job  descriptions  accurately  describe  the  content  of  the  tasks 
performed? In particular, is traditionally female work adequately captured? 
Is attention drawn to aspects of women's work which have previously gone 
unrecognised? 

Is the work content  of jobs consistently  described? 

Job descriptions should be constant in format  irrespective of the sex of the 
person carrying out the occupation.  There are often  inconsistencies  in the 
way  male and  female  work  is described. 

e. Factors 

A factor  in a formal  job  evaluation scheme  is an element  of  a job  which 
is defined  and measured,  such as skill or  mental effort.  A factor  may in 
turn  be  divided  into  sub-factors  which  go  into  greater  detail  under  a 
particular  heading.  Jobs  to be  evaluated  are  assessed  against  the  factors 
and  sub-factors  chosen. 

Have any significant job  features  been  omitted? 

Some factors  may  favour  one sex only.  It should be ensured that  factors 
capture both  male and  female  work. 

Factors  which  are  more  likely  to  be  present  in  female jobs  may  not  be 
identified  at all by a scheme and  therefore  not valued  at all,  for  example 
caring  skills  and  responsibilities,  human  relations  skills,  organisational 
skills/responsibilities,  manual  dexterity  and/or  co-ordination,  etc. 
Categorising  jobs  by  reference  to  light  or  heavy  work  or  weighting 
different  factors  without  taking  account  of  other  elements  in  female  as 
opposed  to male work  impacts adversely  on women. 

Does  the  job  classification  based  on  factors,  or the  weighting  of 
these factors,  respond to objective  criteria? 

Classifying  work by reference  to formal  qualifications  alone can  in some 
instances  impact adversely  on women.  There are skills which  cannot be 
learned by experience alone but which benefit  from  formal  education and 
qualifications.  However,  the  qualifications  or  skills which  many  women 
have  gained  are  frequently  not  identified  as  qualities  to  be  counted 
positively  when  classifying  work  in  the  labour  market.  For  example, 
nurturing,  cleaning  and caring  skills  may be assumed  in certain  types of 
work  and  not rewarded  in pay  systems.  A kindergarten  nurse's  training 
may be school-based and therefore  less well rewarded  than typically  male 
jobs  which  may be apprenticeship  based. 

12 

Formal  qualifications  are  generally  rewarded  but  those  learnt  through  a 
different process are frequently  ignored. For example, experience learned 
in the home  or  by  example from  another  worker  may  not be credited  in 
the payment  system.  Thus  the basis on which  training  and  qualifications 
are rewarded  may  need to be reviewed. 

Further to this assessment, the determination of the pay rates to be attached to the 
final job  evaluation should reflect  the relativities of actual demands of the work 
not  "the  rate  for  the  job"  which  may  be  influenced  by  traditional  sex-based 
assumptions of worth. Therefore  women should attract the pay levels enjoyed by 
male occupations  with  which  their  work has been  found  to be  equivalent. 

PART HI 

FOLLOW-UP  ACTION TO TARGET EQUAL PAY 

A. 

APPROACH 

Once the pay-structure  study  is completed  ,  follow-up  action  is  needed  to tackle  every 
instance  of  sexual discrimination  detected  in the pay structure.  The aim  of this  action 
should  be  the  elimination  of  all  discrimination  by  applying,  as  soon  as  possible,  the 
principle  of  equal  pay  for  work  of  equal  value.  The  options  chosen  to  tackle  any 
discrimination  ascertained  will  depend  on  many  factors  including  the  size  and  the 
structure  of  the business  as well  as the  nature and extent  of  the  discrimination. 

The  level  of  collective bargaining  involved  will also have a considerable  impact on the 
measures for eliminating pay discrimination. When the pay structure under consideration 
is  the  result  of  a  collective  agreement  concluded  at  a  higher  level,  (eg  sectoral  or 
national)  it  is  at  that  level  that  action  needs  to  be  taken  in  cases  where  sexual 
discrimination  is  detected. 
If  the  agreement  covers  a  number  of  very  different 
workplaces  with different  proportions  of women and men on the pay-roll,  other  studies 
may be needed  to determine  whether  the problem  of pay  discrimination  applies  to all, 
or  most,  of  the workplaces  concerned. 

This follow-up  action must be evaluated in order to establish how the matter of equal pay 
is progressing.  Whenever pay structures are subsequently adjusted  a study will be needed 
to  ensure  that  sex-based  discrimination  does  not  reappear.  Regular  reviews  of  pay 
structures  are  then  recommended  -  every  three  years  for  example  -  to  verify  that  the 
principle  of  equal pay  for  work  of equal  value  is being  respected. 

B.  POINTS  WHICH  COULD  FEATURE  IN  A FOLLOW-UP  ACTION 

The follow-up  action to remedy the problems of discrimination  found  to exist  in a given 
pay  system  could  comprise: 

* 

a merging  of those  jobs which are gender-specific  in terms of the workers  who 
carry  them out and application  of the higher  rate of pay which the men receive; 

13 

* 

* 

* 

* 

* 

efforts  to harmonise pay systems which create barriers between different  types of 
job  (eg:  office  jobs  and production jobs); 

a redefinition  and re-evaluation  of formal  qualifications.  For example,  certain 
skills  which  women are  likely  to acquire  in an  informal  manner  could  be taken 
into account and put on an equal  footing  with formal  skills that are  traditionally 
male  (plumbing,  stone and brickwork,  etc) 

a  re-evaluation  of  the  skills  which  traditionally  are  more  women's  than  men's 
(eg:  manual  dexterity); 

a  reorganisation  of  work  by  broadening  the  employment  categories  to  allow 
women  to access  typically  masculine jobs  where conditions  are  better; 

the  organisation  of  active  training  measures  to allow  access  to jobs  where  the 
other sex predominates; for example the organisation  of courses allowing women 
to  take  up  apprenticeships  for  mechanical jobs,  which  until  now  have  attracted 
mainly  men; 

* 

an extension  of  the various  advantages  to include part-time  workers. 

C.  EVALUATION  OF THE FOLLOW-UP  ACTION 

To evaluate the implications of the proposed  follow-up  action and to avoid  perpetuating 
sexual  discrimination,  the following  questions  need  to be asked: 

* 

* 

* 

* 

* 

* 

What  is the effect,  for  each  sex  and  the workforce  as a whole,  of  the proposed 
follow-up  action  aimed  at securing  equal  pay  for  work  of  equal  value? 
(1) 
(2) 

how  many  women are better  paid  as a result? 
how  many  women  see their  pay  blocked  or  remain  at  the  same  level of 
pay? 
how  many  women are  worse paid as a result? 
how  many  men are better  paid as a result? 
how many men see their pay blocked or remain at the same level of pay? 
how  many  men are  less well paid  as a result? 
what are the movements of men and women in any grading,  classification, 
evaluation  or  competence  system? 

(3) 
(4) 
(5) 
(6) 
(7) 

What  levels  of pay  does  the follow-up  action  propose? 

Are groups of  employees,  such as the part-time  workers,  excluded  from  certain 
procedures  and conditions  of  employment? 

What  proposals  does  the action  plan  make concerning  bonuses,  piece  work  and 
other  pay  systems  based  on results  or  output? 

Will  there be a period  of  transition  for  the application  of equal  pay?  If  so,  how 
long?  Is  it  reasonable? 

What  procedures  are  proposed  with  regard  to  the  schedule  for  regular 
negotiations? 

pay 

14 

* 

What levels of pay and employment conditions are proposed  for  new  staff? 

It must be ensured in every case that the follow-up action brings about an improvement 
in pay and other work conditions and does not have the opposite  effect. 

15 

CONCLUSION 

The  aim  of  the  Code  is to serve as a working  tool  for  the greatest  possible  number  of 
social  actors  who are  likely to be  in a position to further  the principle of  equal pay  for 
women and  men for  work of equal value. 

This initiative should therefore be seen as part of a dynamic follow-up exercise involving 
management and labour plus other parties concerned at all levels capable of ensuring both 
a wide dissemination  and  an effective  use of  the Code. 

At European Union level and in the context of the Fourth Community Action Programme 
on equal opportunities  for  men and women (1996-2000),  which was adopted by Council 
Decision  95/593/EEC3,  the  will  to  mobilise  all  those  who  are  concerned  with  the 
economic  and  social  questions  of  everyday  life  as  well  as  those  who  work  in  the legal 
sphere  to  focus  on this problem  has already  been clearly  expressed. 

In the  light  of the recommendations  made by the European  Parliament  in its Report on 
the Memorandum  on Equal  Pay  for  Work  of  Equal Value  (PE 213.161/final),  adopted 
on  21  December  1995,  the  Commission  in  cooperation  and/or  jointly  with  the  social 
partners and other appropriate authorities, will be able to develop further  and/or  support 
initiatives  aimed  at promoting  such  schemes as: 

campaigns  to raise awareness and provide  information  on equal pay  for  work of 
equal  value, 
their 
representatives,  as well as the parties  involved  in collective bargaining; 

in  particular,  employers,  employees  and/or 

targeting, 

the  training  of  experts  who can study and propose practical  solutions  to resolve 
problems  affecting  equal pay; 

the greater involvement of women in the processes of collectively negotiated wage 
settlements; 

the identification,  examination and exchange of best practice likely  to enrich the 
Code by providing concrete examples of the type of measures that it proposes, as 
well  as their  practical  implementation. 

3OJL  335, 30.12.1995  p.37 

16 

ISSN 0254-1475 

«rift» 

COM(96) 336 final 

DOCUMENTS 

EN 

04  OS 

Catalogue number  :  CB-CO-96-336-EN-C 

ISBN  92-78-06073-9 

Office for Officiai  Publications of the European Communities 

L-2985  Luxembourg 

#