CELEX: 51973PC1927
Language: en
Date: 1973-11-14
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of Member States concerning the application of the principle of equal pay for men and women contained in Article 119 of the EEC Treaty (submitted to the Council by the Commission)

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COM (73) 1927
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 ---pagebreak--- COMMISSION OP THE EUROPEAN COMMUNITIES
                                                   COM(73 ) 1927 final
                                                   Brussels . 14 November 1973
                                   Proposal for a
                                  COUNCIL DIRECTIVE
                   on the approximation of the laws of Member States
                   concerning the application of the principle of equal
                   pay for men and women contained in Article 119 of
                                     the EEC Treaty
                       ( submitted to the Council Ly the Commission )
   COM(73 ) 1927 final
 ---pagebreak---                                        - 2 -               V/1 152/1 /73-E
                             EXPLANATORY MEMORANDUM
          The Commission presents herewith to the Council a proposal for a
Directive intended to contribute to the implementation in all Member States
of the Community of the principle that men and women should receive equal
pay for equal work .
          The implementation of this principle , which is contained in Article
119 of the EEC Treaty , is an integral part of the establishment and
functioning of the common market .       Under the Treaty its application should
have beeri ensured by each of the six original Member States during the
first of the three stages of the progressive establishment of the , common
                                                                       (1 )
market and maintained subsequently . However , the latest Report            of the
Commission , on the situation as at 31 December 1972 , regarding the applica­
tion of the principle of equal - pay for men and women in, the original Member
States , forwarded to the Council on 31 July . 1973 » showed that in spite of
undeniable progress there are still wide gaps and inadequacies . Moreover ,
                                2)
the additional information          collected by the Commission from the new
Member States' also reveals similar gaps , although these States are in duty
bound to respect the principle contained in Article 119 of the EEC Treaty
since they joined the Community . Given the fact that. . it is , in the first
instance , up to Member States to ensure the application of Article 119 by
means of laws , regulations and administrative provisions , the Commission
considers it necessary , in order to give full effect to that Article , to
approximate those national provisions which directly affect the establish­
ment and functioning of the common market .
          furthermore , whereas Article 119 of the EEC Treaty clearly stated
the principle of equal F ay » it seemed necessary , almost from the outset ,
to supplement it in order to specify certain procedures, tending to facilitaf
its implementation . This requirement , - which the Commission sought original!
to satisfy in its Recommendation of ; 20 July ;19&0 , was recognised by the
representatives of the Member States who , in their Resolution of- 30 December
1961 , declared themselves to be "mindful of the need harmoniously to imple,.e
the principle of equal remuneration for men and . Women workers and to provide
a uniform method of application in all Member States'1 ., These are the object
ives of this proposal for a Directive .
 ( 1 ) Doc . SEC(73 ) 3C00 final , 18 July 1973
 ( 2 ) A supplementary report on this subject is being drawn up and will be
       presented to the Council at the beginning of 197^.
 ---pagebreak---                                      - 3                  V/1 152/1 /73-E
                                                           •               '
                                        j·' -,!  '           î *■
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        This proposal should, be . viewed in the light of the guidelines
already given in the Recommendation of 20 July i960 and in the Resolution
of 30 December 1961 . It does not cover the definitions of the concepts
of "pay" and of " equal pay without discrimination based on sex" which are
contained in Article 119 itself .     Neither does it cover the resultant
interpretations or precisions in this field particularly in respect of the
criteria for professional classification in the aforementioned Recommendation
and Resolution .
        This proposal for a Directive is intended first of all to generalise
certain minimum protection standards , such as those evolving from the
already established interpretation of Article 11 9 » which will ensure that
legal proceedings can be instituted so that the right to equal pay is
respected ( Article 2 ). Similarly , any discrimination , as still exists ,
in certain laws , which affects wages will be eliminated ( Article 3 ) » It
has also appeared necessary , without calling into question the independence
of the two sides of industry , to render ineffective all those provisions of
agreements or contracts which are contrary to the principle of equal pay
( Article *1 ), since agreements concluded freely may not derogate from
provisions of public , policy and . since equal rights for men and women
obviously constitute a basic principle of any modern state . As the fear
of dismissal is a ma jor , restraining factor on individual initiatives aimed
at earning respect for the right to equal pay , it has seemed necessary to
prevent ail- dismissals which take . place . as a result of such suits (Article 5 )
Still in the same context - that of affording increased protection to workers
Article 6 provides for supervision and for penalties for those employers who
do not respect the principle of equal pay . Lastly , Article 7 is intended
to ensure that workers are better informed as to their rights .
        £he measures proposed in this Directive are . confined to a few
specific and essential points concerning the direct responsibility of
public bodies . They, must take their place, in a comprehensive set of
measures envisaged by, the Commission and comprising , on the one hand ) a
proposal that both sides of industry negotiate a European framework agreement
and , on the other hand , a Community action programme intended to promote the
upgrading of. female employment , and covering fields such as vocational guidance
training and readaptation .
 ---pagebreak---                                   -■ if -"               V/1 152/1 /7>E
                              Proposal for a
                             COUNCIL DIRECTIVE
             on the approximation of the laws of Member States
         concerning the application of the principle of equal pay
      for men and women contained in Article 119 of the EEC Treaty
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the'Treaty establishing the European Economic Community ,
and in particular Article 100 thereof ;                                 ,
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of., the Economic and Social Committee ;
                          /
Whereas the implementation of the principle that men and women should
receive equal pay for equal work contained in Article 119 of the EEC
Treaty is' an integral part of the establishment and functioning of the
common market ;
Whereas it is first of all the responsibility of Member States to ensure the
                                         ♦ .•
application of this principle by means of adequate laws , regulations and
administrative provisions ;
Whereas , in spite of the adoption by the Conference of Member States of
a Resolution intended to implement harmoniously the principle of equal
pay and , consequently , to provide a uniform method of application in all
Member States , considerable differences may be observed in the national
provisions ;
Whereas / this being so , it is necessary to remove these differences and ,
consequently , to approximate the' national provisions ;
 ---pagebreak---                                         -5 -               V/1152/1 /73-E
Whereas , moreover , even in those States with the most advanced legislation ,
doubts remain with regard to the practical application of the principle of
equality , and whereas it is desirable , in consequence , to reinforce the
basic laws by standards aimed at facilitating their practical application
in such a way that all workers in the Community may enjoy effective
protection in this field j
Whereas , moreover , in order that the growing number of female . workers
may benefit from the harmonisation of the improvement of workers' living
and working conditions as part of a balanced socio-economic development
                                   <  '
of the Community , it is necessary . to improve and harmonise the above-
mentioned provisions ;
                            t     '•    .      . .     .   '
HAS ADOPTED THIS DIRECTIVE :
                                     Article 1
     t                                       '
         This Directive is intended to approximate the laws , regulations
and administrative provisions concerning the application of the principle
that men and women should receive equal pay for equal work , contained in
Article 119 of the Treaty establishing the European Economic Community 1
and hereinafter called " the principle of equal pay".
                                     Article 2
         Member States shall introduce into their domestic legal systems
such measures as are necessary to enable all persons who consider themselves
aggrieved by the non-application of the principle of equal pay to enforce
their claims before the courts .                                '   • '   '
             .« ^ .           - .    Article 3-
         Member States shall abolish all discrimination between men and
women arising from laws , regulations or administrative provisions affecting
wages ,, particularly as . regards the . public and similar services , the legal
 ---pagebreak---                                   - 6 _                 V/1 152 /1 /73-E
minimum wage and statutory wage-related allowances or benefits other than
those falling within social security systems which are directly regulated
by law .
                                 Article h
         Member States shall take all necessary measures to render ineffective
any provisions , contrary to the principle of equal pay which appear in
collective agreements , wage scales , wage agreements or individual contracts
of employment ..
                                 Article 5
         Member States shall take the necessary measures to prevent any
dismissals which might be construed as an employer 's reaction to a complaint
at the level of the . undertaking or to suits, tending to ensure that the
principle of equal pay is respected .
                                 Article 6
         Member States shall ensure tha,t the application of the prxnciple
of equal pay is supervised at the level of the undertaking and that all
infringements are punished .                        •>
                                 Article 7
         Provisions adopted in pursuance of this Directive and those already
in force in this connection shall be brought to the attention of workers
in any appropriate manner at their places of work .
                                 Article 8
         Within a period of 6 months , dating from the day that this Directive
has been notified , the Member States shall amend their laws in accordance
with the aforementioned minimal provisions and shall forthwith inform the
Commission thereof . Laws thus amended shall enter into force one year
after this Directive has been notified or not later than 31 December 1975 .
 ---pagebreak---                                  - 7                   V/1 152/1 /73-E
                                Article 9 "     -            .
       In the two years dating from the expiry of the period of one year
specified in Article 8 and not later than 31 December 1977 » the Member
States shall forward to the Commission all the information enabling it to
draw up a report on the application of this Directive for submission to
                                                                    /
the Council .
       Furthermore , once this Directive has been notified , Member States
shall ensure that the Commission is informed , in time for it to submit "
its comments , of the most important laws , regulations and administrative
provisions which they envisage adopting in the field covered by this
Directive .
                                Article 10
       This Directive is adressed to the Member States .               '