ARTICLE 1 THAT
' EVERY PERSON WHO EMPLOYS MEN AND WOMEN TO WORK AT THE SAME PLACE OF WORK MUST PAY THEM THE SAME SALARY FOR THE SAME WORK ( ' SAMME ARBEJDE ' ) UNDER THIS LAW IF HE IS NOT ALREADY REQUIRED TO DO SO PURSUANT TO A COLLECTIVE AGREEMENT ' .
5 THE COMMISSION CONSIDERS THAT THE DANISH LEGISLATION DOES NOT FULFIL ALL THE OBLIGATIONS RESULTING FROM DIRECTIVE NO 75/117 INASMUCH AS ON THE ONE HAND IT REQUIRES EMPLOYERS TO PAY MEN AND WOMEN THE SAME SALARY EXCLUSIVELY FOR THE SAME WORK BUT NOT FOR WORK TO WHICH EQUAL VALUE IS ATTRIBUTED , AND ON THE OTHER HAND IT DOES NOT PROVIDE FOR ANY MEANS OF REDRESS ENABLING WORKERS WRONGED BY THE FAILURE TO APPLY THE PRINCIPLE OF EQUAL PAY FOR WORK OF EQUAL VALUE TO PURSUE THEIR CLAIMS .
6 THE DANISH GOVERNMENT , FOR ITS PART , ASSERTS THAT DANISH LAW IS ENTIRELY IN CONFORMITY WITH THE DIRECTIVE . DANISH LAW DOES IN FACT GUARANTEE EQUAL PAY NOT ONLY FOR THE SAME WORK BUT ALSO FOR WORK OF EQUAL VALUE .
7 IN THAT REGARD THE DANISH GOVERNMENT STATES THAT THE LAW OF 4 FEBRUARY 1976 , REFERRED TO ABOVE , IS ONLY A SUBSIDIARY GUARANTEE OF THE PRINCIPLE OF EQUAL PAY , IN CASES WHERE OBSERVANCE OF THAT PRINCIPLE IS NOT ALREADY ENSURED UNDER COLLECTIVE AGREEMENTS . COLLECTIVE AGREEMENTS , WHICH GOVERN MOST EMPLOYMENT RELATIONSHIPS IN DENMARK , CLEARLY UPHOLD THE IDEA THAT THE PRINCIPLE OF EQUAL PAY ALSO APPLIES TO WORK OF EQUAL VALUE . THAT INTERPRETATION IS BASED IN PARTICULAR ON THE 1971 AGREEMENT CONCLUDED BY THE MAIN ORGANIZATIONS ON THE LABOUR MARKET , WHICH PROVIDES EXPRESSLY THAT ' ' ' EQUAL PAY ' ' MEANS THAT THE SAME SALARY IS TO BE PAID FOR WORK OF THE SAME VALUE REGARDLESS OF SEX ' . THAT PRACTICE IS CONFIRMED BY A DECISION OF THE CHAIRMAN OF THE STATENS FORLIGSINSTITUTION I ARBEJDSSTRIDIGHEDER ( NATIONAL INDUSTRIAL CONCILIATION BOARD ), ACTING AS ARBITRATOR , OF 8 DECEMBER 1977 , IN WHICH HE APPLIED THE PRINCIPLE OF EQUAL PAY TO WORK ' OF THE SAME VALUE TO AND IN PRODUCTION AT THE PLACE OF WORK ' .
8 IT IS TRUE THAT MEMBER STATES MAY LEAVE THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL PAY IN THE FIRST INSTANCE TO REPRESENTATIVES OF MANAGEMENT AND LABOUR . THAT POSSIBILITY DOES NOT , HOWEVER , DISCHARGE THEM FROM THE OBLIGATION OF ENSURING , BY APPROPRIATE LEGISLATIVE AND ADMINISTRATIVE PROVISIONS , THAT ALL WORKERS IN THE COMMUNITY ARE AFFORDED THE FULL PROTECTION PROVIDED FOR IN THE DIRECTIVE . THAT STATE GUARANTEE MUST COVER ALL CASES WHERE EFFECTIVE PROTECTION IS NOT ENSURED BY OTHER MEANS , FOR WHATEVER REASON , AND IN PARTICULAR CASES WHERE THE WORKERS IN QUESTION ARE NOT UNION MEMBERS , WHERE THE SECTOR IN QUESTION IS NOT COVERED BY A COLLECTIVE AGREEMENT OR WHERE SUCH AN AGREEMENT DOES NOT FULLY GUARANTEE THE PRINCIPLE OF EQUAL PAY .