CELEX: 51974PC1010
Language: en
Date: 1974-07-03
Title: Amended 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 (Presented by the Commission to the Council pursuant to Article 149, second paragraph, of the EEC-Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1010
Vol. 1974/0168
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(74)1010   final
                                              Brussels , 3 July 1974
                               Amended Proposal Por 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
                   ( Presented "by the Commission to the Council
                     pursuant to Article       second paragraph ,
                                 of the EEC-Treaty)
   COT '(74 ) 1010 final
 ---pagebreak---                                 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 been 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 additxonal 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 pay , it seemed necessary , almost from the outset ,
    to supplement it in order to specify certain .procedures tending to facilitate
    its implementation .! This requirement , which the Commission sought originally
    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 implement
    the principle of equal remuneration for men and women workers and to provide
    a uniform method of application in all Member States ". These are the object­
    ives of this proposal for a Directive .
    ( 1 ) Doc . SEC(73 ) 3000 final , 18 July 1973 . '
    (2 ) A supplementary report on this subject is being drawn up and will be soon
          presented to the Council .
 ---pagebreak---         Thxs proposal should be viewed in the light of the guidelines
already given in the Recommendation of 20 July . 1960 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 Recommentation
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 119 » 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 4 ), 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 major restraining factor on individual initiatives aimed
at earning respect for the right to equal pay , it has seemed necessary to
prevent all 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 .
        The 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---                                     - 4 -
                             Amended 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 0? THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Conmunity ,
and in particular Article 100 thereof ;
Having regard to the proposal from the Concussion ;
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 establ ishnent 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 mc^ns of appropriate laws , regulations and
administrative provisions ;
Whereas , in epite 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 for the application of uniform measures in all
Member States , considerable difference may be observed in the national
laws regulations and administrative provisions ;
Whereas , this being so , it is neeessary to remove these differences and ,
consequently, to approximate the national laws , " regulations and administrative
provisions ;
 ---pagebreak---                                       - 5 -
Whereas , moreover , even in those States with the most advanced legislation ,
doubts renain with regard to the' practical application of the principle of
equality, and whereas it is desirable , in consequence , to reinforce the      I
basic laws by standards aimed at facilitating their practical application        »
in such a way that all workers in the Community nay enjoy effective
protection in this field ;
                                  * 1
Whereas , moreover , in order that the growing number of female workers may
benefit from the harmonization 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 ;
HAS ADOPTED THIS DIRECTIVE :
                                    Article 1
      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 and
hereinafter called "the principle of equal pay".
      The principle . of equal pay involves equal treatment for men and women
with regard to all aspects and conditions of remuneration , including
assessment criteria without discrimination on the grounds of sex .
                                  Article 2
      Kember States shall introduce into the body of their law 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          '
                                                                                   1
their claims before tho courts , after having had the possibility of               j
recourse to other competent bodies .                                ,
                                                                                 ι
 ---pagebreak---                                     - 6 -                         ι
f                              > Article 3
i
        ilember States shall abolish all discrimination "between men and
  women arising from laws , regulations or administrative provisions
  affecting wages , including those concerning the public and similar
  services , the legal minimum wage and statutory wage-related allowances
  or benefits other than those falling within social security syetano
  which are directly regulated Try law.
                                 Article 4
        Member States shall take all necessary measures to render ineffec­
  tive 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 protect enrol oyees
  against dismissals and other sanctions on the part of the employer by way
  of reaction to a complaint within the undertaking or to any legal pro­
  ceedings aimed at enforcing the observation of the principle of equal pay .
                                Article 5
        Member States shall ensure that the application by undertakings of
  the principle of equal pay is supervised and that sanctions are taken
  against all infringements .
                                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
  at their places of work, in enrol o^mcnt agencies and at. Mher.-Suit.nMo.
  places accessible to the public, by all appropriate means .
                                                                            /
 ---pagebreak---                               Article 8
      Within 6 months of "being notified of this Directive , the . Member
States shall amend their laws in acoordance with the proceeding minimum
provisions and shall forthwith inform the Commission thereof.       Laws
thereby amended shall enter into force one year after notification of
this Directive or at the latest on 31 December 1975 .                  -
                              Article 9
      Within two years from the expiration of the period of one year
specified in Article 8 and at the latest on 3t 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 , as from the time of notification of this Directive ,
Member States shall ensure that the Commission is informed, in good time
so that it can put forward its comments, of the most important laws,
regulations and administrative provisions ' which it is envisaged will be
adopted by them in the field covered by this Directive .
                              Article 10
      This Directive is addressed to the Member States .