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.)

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Law on the Change of Law on equal pay to men and women 1)

(Clarification of the principle of equal pay, definitions, revocation of the reimbursement ceiling etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the law of equal pay to men and women, cf. Law Order no. 906 of 27. August 2006, the following changes are made :

1. As footnote to the title of the law,

" 1) The law provides for implementing Directive 2006 /54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in the field of employment and occupation (recast). (EU Official Journal no. L 204, s. TWENTY-THREE. "

2. I § 1 undeleted paragraph 2, and paragraph 3, there will be paragraph 1. Article is replaced by the following :

" Stop. 2. Each employer shall grant women and men equal pay in respect of all wage and pay terms, for the same work or work attributed to the same value. In particular, when a professional classification system is used in the case of wage fixing, this system shall be built on the same criteria for male and female earners and so that it excludes discrimination in terms of sex. `

Paragraph 4-6 will then be referred to in paragraph 4. 3-5.

3. The following section is added :

" § 1 a. There is direct discrimination when, because of gender, a person is treated worse than any other person becomes or would be treated in a similar situation. Any form of a worse treatment for a woman during pregnancy and during the 14 weeks ' absence of 14 weeks of absence after birth is considered direct discrimination.

Paragraph 2. There shall be indirect discrimination when a clause, criterion or practice which appears to be neutral will make a person of the one gender inferiors less than persons of the other sex, unless the provision is made, condition, or practices are objectively justified in a legitimate purpose and means to meet it is appropriate and necessary.

Paragraph 3. Salary is the general reason-or minimum wage and all other benefits paid by the beneficiary as a result of the working relationship directly or indirectly from the employer in money or naturalier.

Paragraph 4. There is harassment when unwanted behaviour in relation to a person's gender, with the purpose or effect of violating the dignity of this person and creating a threatening, hostile, degrading, degrading or uncomfortable climate.

Paragraph 5. Sexual harassment is available when any unwanted verbal, non-verbal or physical behaviour of sexual undertones, with the purpose or effect of violating a person ' s dignity, in particular by creating an intimidation, hostile, degrading, humiliating or uncomfortable climate.

k. 6 The harassment and sexual harassment and the worse treatment based on a person's rejection or acceptance of such behaviour are regarded as discrimination on the grounds of sex.

Paragraph 7. An instruction to discriminate against a person on the grounds of sex is regarded as discrimination.

§ 1 b. Public authorities have a duty to actively take into account the objective of equality between men and women in the design and implementation of laws, regulations and administrative provisions, policies and activities in the areas under which this law is concerned. '

4. I § 2 pasted as paragraph 2 :

" Stop. 2. A salary receiver whose rights are violated by gender pay on the basis of gender can be attributed to a repayment. The amount of the allowance shall be fixed taking account of the employment rate and the circumstances of the subject, by the way. ` ;

5. Section 3, paragraph 3. 1, ITREAS :

" An employer shall not dismiss or postpone a wage earner, including any other unfavourable treatment on the part of the employer, in response to a complaint, or because the wage earner or employee rep has made a decision ; requirements for equal pay, including equal pay terms, or because this has been passed on a salary of information on pay. An employer may not dismiss a wage earner or a salary representative because it has made a claim pursuant to section 5 (a) (1). 1. "

6. I Section 3, paragraph 3. 3, 3. pkt., the words ' may not exceed 78 weeks of pay calculated from the average profit of the workers made redundant over the last year and '.

7. The following section 4 is inserted :

" § 4 a. Anyone who is of the opinion violated, because the principle of equal treatment is disregarded in relation to the person concerned, after having brought the matter to other competent authorities, proceedings may lodge a complaint with judicial bodies, including where they find it. appropriate, for the purposes of enforcing the obligations under this law, even after the fact that the difference has allegedly occurred, has been discharged. ` ;

§ 2

The law shall enter into force on the 15th. August 2008.

§ 3

The law does not apply to Faeroe Islands and Greenland

Givet at Christiansborg Castle, the 171. June 2008 MARGRETHE R / Claus Hjort Frederiksen
Official notes

1) The law provides for implementing Directive 2006 /54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in the field of employment and occupation (recast). (EU Official Journal no. L 204, s. 23).