Parliament Act No. 3 Of 29 November 2013 On Equality Of Men And Women

Original Language Title: Inatsisartutlov nr. 3 af 29. november 2013 om ligestilling af mænd og kvinder

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Parliament Act no. 3 of 29 November 2013 on equality of men and women

Modified repeals, hovedlov replaces information

Aside
Parliament Act no. 7 of 11 April 2003 on equality of women and men
Act No. 5 of 20 May 1998 on Greenland's Equal Status

Chapter 1
purpose of the Act
Purpose and scope
§ 1. The law aims to promote equality between women and men and shall apply to the extent that similar or better rights does not follow from a collective agreement .

Prohibition of discrimination on grounds of sex
§ 2. It is forbidden to expose a woman or a man for direct or indirect discrimination on grounds of sex.
Subsection. 2. It is also forbidden to expose a woman or a man of harassment or sexual harassment.

Definitions
§ 3. direct discrimination occurs when a person because of her gender is treated less favorably than a person of the opposite sex is, has been or would be treated in a comparable situation. Direct discrimination exists including any unfavorable treatment during pregnancy, childbirth and adoption, as well as the absence of direct connection with childbirth or adoption.
Subsection. 2. Indirect discrimination, where an apparently neutral provision, practice or the like results in less favorable treatment of persons of one sex compared with persons of the other sex. This does not apply if the practice, provision or similar is objectively justified and necessary to fulfill a legitimate objective.
§ 4. harassment occurs where a person is subjected to regular, unreasonable behavior because of his sex with the effect or purpose of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the concerned.
Subsection. 2. There is sexual harassment when a person is exposed to any unwanted conduct of a sexual nature with the effect or purpose of violating, humiliate, discriminate against or impair the person concerned.

Chapter 2
Reporting and public authorities
§ 5. Public authorities must implement equality and incorporate gender equality in planning and management of their territory, where appropriate.
Subsection. 2. Companies and public authorities with more than 20 employees must biennial report the gender of the employees and personnel policies to promote equality for Naalakkersuisut for statistical purposes.
Subsection. 3. The Government may establish detailed rules on reporting format.
Subsection. 4. The provisions of paragraphs. 1-3 does not state authorities in Greenland.

Chapter 3
Committee, boards, etc.
§ 6. Public committees, councils, commissions and similar instituted Minister to prepare down rules or planning of social value will be designed such that not more than one member more of one sex than of the other.
§ 7. In cases where Naalakkersuisut appoint members to the boards of Representatives and similar collective management, the nomination should be made so that no more than one member more of one sex than of the other.
Subsection. 2. In cases where Naalakkersuisut only appoint some of the members to a board of representatives or similar collective leadership, the Greenland Government may, notwithstanding the provision in paragraph. 1, make the designation of members so that the overall collective leadership reflect an equitable balance between the sexes.
§ 8. Authorities or organizations recommending members to boards, committees, etc., See. §§ 6-7 wholly or partially appointed Minister shall propose a man and a woman. If proposals are made about several members, proposed an equal number of men and women.
Subsection. 2. Authorities and other organizations. may derogate from the provision in paragraph. 1, if there are special reasons and must then provide a reasoned justification for the Greenland Government.
Subsection. 3. If the settings of the members do not comply with the provision, the Greenland Government may ignore this setting. In this case, the authority or organization make new setting. The same applies if the reasons under paragraph. 2 can not be accepted.
§ 9. The Government obtains the information for statistical purposes about the composition of boards, committees, etc. covered by §§ 6-7 after each election.
Subsection. 2. The information collected is published.

Chapter 4
Equal treatment of women and men in employment
Equality

§ 10. Any employer who employs men and women shall treat them equally in hiring, transfer, promotion, dismissal and provide them with equal pay and working conditions.
§ 11. An employer may not dismiss an employee because of pregnancy, childbirth or adoption, or because the employee has lodged a claim for leave under the Parliament Act on leave, sick pay for pregnancy, childbirth and adoption.
Subsection. 2. The amount of time an employee has been absent due to leave as provided. Parliament Act on leave and sick pay for pregnancy, childbirth and adoption, included in the calculation of seniority in the employment relationship. The provision does not concern pensions.
Subsection. 3. Parents who have exercised the right to absence, see. Parliament Act on leave during pregnancy, childbirth and adoption, have the right to return to the same job or an equivalent, which are no less favorable to them and to benefit any improvement in working conditions to which they would have been entitled during their absence.
§ 12. Any employer who employs men and women shall treat them equally with regard to vocational guidance, training, vocational training, higher education and retraining.
Subsection. 2. Equal treatment also applies to any person acting on the taking up a profession, membership of an employer or employee organization or similar organization. The duty of equal treatment also applies to anyone who runs counseling and training activities mentioned in paragraph. 1.
§ 13. No advertisement stated that the recruitment or training etc. sought or preferred persons of a particular gender.

Equal pay
§ 14. Every employer must give women and men equal pay, including equal pay conditions, for the same work and for work of equal value.
Subsection. 2. The assessment of the value of labor must be based on an overall assessment of relevant qualifications and other relevant factors.
§ 15. An employer may not dismiss an employee because the latter has insisted on equal pay or equal pay conditions.

Chapter 5

Dispensation § 16. The Greenland Government may decide on the exemption from the provisions of § 2. 1, after consultation with Greenland's Equal Status. The assessment should emphasize that the initiative's actual purpose is to promote equal opportunities for men and women.
§ 17. The Greenland Government may decide on exemptions from the provisions of §§ 10, 12-13, after obtaining an opinion from Greenland Equal Status. The assessment is emphasized on erhvervsudøvelsens or purpose of the program is that the practitioner is of a particular sex.

Chapter 6
Compensation and criminal penalties
§ 18. Persons whose rights have meaning. §§ 2, 10-12 and 14-15 have been violated may be awarded compensation.
§ 19 an employee is dismissed in contravention of § 11, the employer must pay compensation. The allowance fixed with regard to the employee and other circumstances of the case.
§ 20. An employee whose salary or wage conditions are contrary to § 14 may be awarded compensation corresponding to the pay gap.
§ 21. An employee who has been dismissed because of a lodged a claim of equal treatment enshrined. §§ 10 and 12, or equal pay, see. § 15 may be awarded compensation. The allowance fixed with regard to the employee and other circumstances of the case.
§ 22. For violation of the Act §§ 10-13 can be fined.
Subsection. 2. Where the Greenland Parliament Act provides for the fixing of fines, the fine imposed on a legal person under the provisions of the Criminal Code for Greenland.

Chapter 7
Burden
§ 23. If a person consider themselves wronged see. §§ 2, 11-15 and can demonstrate facts that give rise to assume that carried out directly or indirectly discrimination, it is for the opponent to prove that the principle of equal treatment has not been violated.
Subsection. 2. If a person is dismissed later than one year after having made a claim of equal treatment enshrined. § 15, it is for the employer to prove that the dismissal is objectively justified in the enterprise.
§ 24. If a person has been laid off after the notification to the employer of the pregnancy, see. § 11 paragraph. 1, it is for the employer to prove that the dismissal was not connected with pregnancy.

Chapter 8
Invalidity
§ 25. A person can not waive his rights under the law.

Subsection. 2. Provisions contrary to law, or where a person has waived his rights under the law, included in individual or collective contracts, internal rules of undertakings, and rules governing associations, etc.. is invalid.

Chapter 9
Greenland Equality
Establishment of the Gender Equality
§ 26. The Government shall establish a politically independent Equality.

Equality Council task
§ 27. Equality Council has the task of promoting equality between men and women in Greenland. Equality Council to examine matters relating to gender equality, either upon request or on its own initiative.
Subsection. 2. Equality Council shall:

1) Monitor the application of the Act and how it is implemented in society.

2) Give opinions at the request of the Government of Greenland, cf.. §§ 16-17. The statements shall be publicly accessible.

3) Initiate activities of informative and debate inducing.

4) Operating as an advisory body to the government and its institutions, private companies and individuals in society.
Subsection. 3. Equality Council may also:

1) Provide assistance to equality representatives from public institutions and companies.

2) Develop ideas and suggestions to the government, etc. on equality measures.

3) Carry out information activities with the purpose of changing the negative aspects of traditional gender roles.

4) Cooperation with other public institutions and organizations, which aims to counter gender-based violence.

5) work for equal pay and other sexist problem areas in the labor market.
Subsection. 4. Equal Status Council shall annually submit a report to the Government of Greenland and the Greenland Parliament.

Equality Council organization
§ 28. Equality Council shall collectively represent a broad insight into particular .:

1) Conditions in the labor market, including both employees 'and employers' rights, obligations and interests.

2) Children and young people's rights and interests, including job satisfaction, development and training conditions.

3) Gender social and societal roles, including each gender rights, duties and interests.
Subsection. 2. Equality Council consists of a total of 7 members, which Naalakkersuisut appoint one chairman and six other members. The Government must know the composition of the Gender Equality Council appoint a maximum of one member more of one sex than of the other.
Subsection. 3. The President and the other members shall be appointed for a period of 4 years. If the designated member withdrew, sold or is no longer able to perform his duties, must appoint a new one. These members shall serve until the new has happened designation.
Subsection. 4. There is only possible reappointment once.
§ 29. The Government shall appoint the Chairman among the nominees.
Subsection. 2. The Government shall appoint one or two members of the Gender Equality Council on the recommendation of organizations working for employees or employers.
Subsection. 3. The Government shall appoint one or two members of the Gender Equality Council following settings from organizations, associations, institutions, etc., Who works with children and young people or for children and young people.
Subsection. 4. The Government shall appoint one or two members on the recommendation of organizations, associations, institutions, etc., Working with education, school or research.
Subsection. 5. The Government shall appoint one or two members on the recommendation of organizations, associations, institutions, etc., Working with gender roles or the individual gender interests and rights.
Subsection. 6. Candidates nominated must have knowledge of one or more of the in § 28 mentioned competence.
Subsection. 7. Organizations, associations, institutions, etc., Which nominates candidates for Equality Council pursuant to. Paragraphs. 2-5, to propose equal number of candidates of each sex.
Subsection. 8. Greenland Government may lay down rules as to which organizations, associations and institutions can nominate candidates for the council.
§ 30. The Greenland Government may dismiss a member of the Gender Equality Council within the 4-year period if one of the following conditions are met:

1) The member is guilty of gross negligence in the performance of the tasks resulting from the law.

2) The member acting in a way that significantly weakens the confidence that the member will perform the tasks of the law with integrity.

3) The member set to the dismissal of four members of the Gender Equality Council and the Government of Greenland after study finds that there must be mobilized. The recommendation must be in writing and substantiated.

§ 31. Equality Council shall adopt its rules of procedure in accordance with its duties;. § 27

Equality Council Secretariat
§ 32. Equality Council establishes its own secretariat to perform their daily work.
Subsection. 2. Equality Council has the power to hire and fire staff of the Secretariat, after the then-current rules for employees in Greenland.

Financing
§ 33. Equality Council funded through grants from the Treasury.
Subsection. 2. Equality Council has also the opportunity to seek funding from private organizations or public authorities for its activities.
Subsection. 3. Equality Council may, within its tasks referred to. § 27, operate, resulting in revenue.
§ 34. Members of the Gender Equality Council receives remuneration, allowances and refund of travel expenses under the provisions of Act on fees, etc. Members of the parliament and the government, etc. This expenditure within the annual grant from the Treasury.

Budget and Accounts
§ 35. Equality Council shall submit annually to the Greenland Government a draft budget for the following year. The proposal must include estimates of revenue and expenditure. At the same time given to proposals for the amount of Treasury grants for the following year.
§ 36. Equality Council prepares financial statements to be audited by a certified auditor.

Chapter 10
Entry into force and termination
§ 37. This Act shall come into force on 1 January 2014.
Subsection. 2. The committees and boards see. §§ 6-7 violate the law will take effect at the next composition by the Act.
Subsection. 3. Equality Council, the provisions on the composition and organization referred. §§ 28-29 come into force until 1 January 2015.
Subsection. 4. At the same time Parliament Act no. 5 of 20 May 1998 on Greenland and the Equal Opportunities Act No. 7 of 11 April 2003 on equality of women and men.

Greenland, November 29, 2013

Ms Hammond