Act Amending The Act On Equal Pay For Men And Women (Clarification Of The Principle Of Equal Pay, Definitions, The Abolition Of The Compensation Ceiling, Etc.)
Original Language Title: Lov om ændring af lov om lige løn til mænd og kvinder(Præcisering af princippet om lige løn, definitioner, ophævelse af godtgørelsesloft m.v.)
Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117418
Act amending the Act on equal pay for men and women 1)
(Clarification of the principle of equal pay, definitions, the abolition of the compensation ceiling, etc.)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
The law on equal pay for men and women, see. lovbekendtgørelse nr. 906 of 27. August 2006, shall be amended as follows:
1. As a footnote to the title of the Act shall be inserted: ' 1) Act contains provisions transposing a European Parliament and Council Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (Official Journal of the European Union 2006 nr. L 204, p. 23). '
2. In section 1 is repealed (2) and (3) of the code, which becomes paragraph 2 is replaced by the following: ' (2). Any employer must grant women and men equal pay, with regard to all aspects and conditions of remuneration, for the same work or for work to which equal value is attributed. In particular, where a job classification system is used for determining pay, built this system on the same criteria for male and female employees and so arranged as to exclude any discrimination on grounds of sex. '
Paragraph 4-6 becomes paragraph 3-5.
3. Pursuant to section 1 shall be inserted:
» section 1 a. There is direct discrimination, where a person is treated less favourably on grounds of sex, than another person is, has been or would be treated in a comparable situation. Any form of inferior treatment of a woman related to pregnancy and under women's 14-week absence after birth is regarded as direct discrimination.
(2). There is indirect discrimination, when a provision, criterion or practice is apparently neutral, would put persons of one sex at inferior to people of the other sex, unless that provision, criterion or practice is objectively justified by an objective purpose and the means to achieve it are appropriate and necessary.
(3). Salary is the ordinary basic or minimum wage or salary and any other benefits to which the employee as a result of the employment relationship receives directly or indirectly, from his employer in money or in kind.
(4). There has been harassment, when where unwanted conduct related to the sex of a person with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
(5). There is sexual harassment, when where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
(6). Harassment and sexual harassment as well as inferior treatment based on a person's acceptance or rejection of such conduct shall be deemed to be discrimination on the grounds of sex.
(7). An instruction to discriminate against a person on grounds of sex shall be deemed to be discrimination.
section 1 (b). Public authorities have a duty to actively take into account the objective of equality between men and women in the formulation and implementation of laws, regulations and administrative provisions, policies and activities in those areas, this law deals with. '
4. In section 2 is inserted as paragraph 2:
' (2). An employee whose rights are infringed as a result of wage discrimination based on sex, may be granted an allowance. Allowances shall be fixed taking into account the employee's period of employment and the circumstances of the case in General. '
5. Article 3, paragraph 1 is replaced by the following: "an employer shall not dismiss or suspend an employee, including an employee representative for other adverse treatment by the employer as a reaction to a complaint or because the employee or employee representative has put forward demands for equal pay, including equal conditions of remuneration, or because this has passed on information about wages. An employer shall not dismiss an employee or an employee representative, because this made the requirements under section 5 (a) (1). ';
6. In section 3, paragraph 3 3. paragraph, the words ' may not exceed 78 weeks of wages calculated from the laid-off employee average profits over the past year and '.
7. After section 4 is inserted:
» section 4 (a). All persons who consider themselves wronged because the principle of equal treatment will override with respect to that, after possible recourse to other competent authorities may submit a complaint to the judicial procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Act, even after the relationship in which the discrimination is alleged to have taken place has ended. '
The law will enter into force on 15. August 2008.
The law does not apply to the Faroe Islands and Greenland Given at Christiansborg Palace, on 17 March. June 2008 MARGRETHE r./Claus Hjort Frederiksen Official notes 1) Act contains provisions transposing a European Parliament and Council Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (Official Journal of the European Union 2006 nr. L 204, p. 23).
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