LAW NO 903 SHOWS THAT DISCRIMINATION BASED ON SEX IS PROHIBITED IN RELATION TO ACCESS TO EMPLOYMENT , VOCATIONAL GUIDANCE , VOCATIONAL TRAINING , ADVANCED VOCATIONAL TRAINING AND RETRAINING ( ARTICLE 1 ), REMUNERATION AND JOB CLASSIFICATION SYSTEMS FOR DETERMINING REMUNERATION ( ARTICLE 2 ), ASSIGNMENT OF GRADING , DUTIES AND CAREER DEVELOPMENT ( ARTICLE 3 ), RETIREMENT AGE ( ARTICLE 4 ) AND ENTITLEMENT TO LEAVE IN CERTAIN CIRCUMSTANCES ( ARTICLE 6 ). THE GOVERNMENT OF THE ITALIAN REPUBLIC ADDS THAT ARTICLE 15 OF LAW NO 300 OF 20 MAY 1970 WAS AMENDED BY ARTICLE 13 OF LAW NO 903 OF 1977 SO AS TO RENDER VOID ANY AGREEMENT OR MEASURE BASED ON SEX AIMED AT DISMISSING A WORKER OR ADVERSELY AFFECTING HIM .
9 IT MUST BE REMEMBERED THAT ACCORDING TO ARTICLE 189 OF THE TREATY A DIRECTIVE IS BINDING AS TO THE RESULT TO BE ACHIEVED UPON EACH MEMBER STATE TO WHICH IT IS ADDRESSED , BUT LEAVES TO THE NATIONAL AUTHORITIES THE CHOICE OF FORM AND METHODS . THE ITALIAN LEGISLATURE CANNOT THEREFORE BE CRITICIZED FOR HAVING ADOPTED A NUMBER OF SPECIFIC PROVISIONS IN RELATION TO THE MOST IMPORTANT WORKING CONDITIONS AND WHILST CONFINING ITSELF IN RELATION TO OTHER WORKING CONDITIONS TO A GENERAL PROVISION COVERING , AS DOES ARTICLE 15 OF THE LAW OF 1970 AS AMENDED BY ARTICLE 13 OF THE LAW OF 1977 , ALL OTHER WORKING CONDITIONS NOT SPECIFICALLY MENTIONED , UNLESS IT IS SHOWN THAT THE RESULT SOUGHT BY THE DIRECTIVE HAS NOT IN FACT BEEN ATTAINED .
10 SINCE THE COMMISSION HAS NOT SHOWN THAT THOSE SPECIFIC PROVISIONS COMBINED WITH A GENERAL SUPPLEMENTING PROVISION HAVE LEFT SOME AREAS OF THE SCOPE OF THE DIRECTIVE UNPROVIDED FOR , THE COMMISSION ' S FIRST COMPLAINT CANNOT BE UPHELD .
11 THE COMMISSION ALLEGES IN THE SECOND PLACE THAT THE LAW OF 1977 GIVES A MOTHER WHO ADOPTS A CHILD OF LESS THAN SIX YEARS OF AGE AT THE TIME OF ADOPTION THE RIGHT TO COMPULSORY LEAVE AND THE CORRESPONDING FINANCIAL ALLOWANCE DURING THE FIRST THREE MONTHS AFTER THE CHILD ENTERS THE ADOPTIVE FAMILY AND THE RIGHT TO LEAVE FOR A CERTAIN PERIOD , WITHOUT ACCORDING THE ADOPTIVE FATHER SIMILAR RIGHTS . IT IS SAID THAT SUCH DIFFERENT TREATMENT AMOUNTS TO DISCRIMINATION IN WORKING CONDITIONS WITHIN THE MEANING OF THE DIRECTIVE .
12 ARTICLE 6 OF LAW NO 903 OF 1977 PROVIDES THAT WOMEN WHO HAVE ADOPTED CHILDREN OR WHO HAVE OBTAINED CUSTODY THEREOF PRIOR TO ADOPTION MAY CLAIM THE MATERNITY LEAVE REFERRED TO IN ARTICLE 4 OF LAW NO 1204 OF 1971 AND THE FINANCIAL BENEFITS RELATING THERETO FOR THE FIRST THREE MONTHS AFTER THE CHILD ENTERS THE ADOPTIVE FAMILY OR THE FAMILY WHICH HAS BEEN GIVEN CUSTODY OF IT , PROVIDED THE CHILD IS NOT MORE THAN SIX YEARS OF AGE AT THE TIME OF THE ADOPTION OR AWARD OF CUSTODY . THE SECOND PARAGRAPH OF ARTICLE 6 ADDS THAT SUCH WOMEN MAY ALSO CLAIM THE LEAVE PROVIDED FOR IN THE