Parliament Act no. 7 of 11 April 2003 on equality of women and men Historically

Modified repeals, hovedlov replaces information

Repealed by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

Change
Landsting Regulation no. 12 of 31 October 1996 on leave, etc. and daily allowance during pregnancy, childbirth and adoption


Purpose




§ 1. The purpose of the Act is to promote equality between women and men, both in private life as in every aspect of society, including equal influence and equal opportunities, starting with women and men equal worth. This law is intended also to prevent direct and indirect discrimination on grounds of sex.


Prohibition of discrimination on grounds of sex (gender discrimination)


§ 2. Women and men should be treated on equal terms within the public service and commercial activities.




Private companies operating


§ 3. Private companies must in their field work for equality and incorporate gender equality in planning, where appropriate.
Subsection. 2. Private companies with more than 10 employees to the Minister of Gender, annually report the gender distribution among the employees and personnel policies to promote gender equality that year. The report must be submitted by 1 March the following year and the first time for the year 2004.
Subsection. 3. Minister of equality may lay down detailed rules concerning reporting under paragraph. 2.




Public authorities obligations


§ 4. Public authorities in their field work for equality and incorporate gender equality in planning and management, where appropriate.
Subsection. 2. Public administrations and institutions with more than 10 employees to the Minister of Gender, annually report the gender distribution among the employees and personnel policies to promote gender equality that year. The report must be submitted by 1 March the following year and the first time for the year 2004.
Subsection. 3. Minister of equality may lay down detailed rules concerning reporting under paragraph. 2


Committees and boards


§ 5. Public committees, commissions and the like, set up by the Greenland government to prepare down rules or planning of social value, should as far as possible be composed of half of each sex.

§ 6. The board of directors, representatives or similar collective leadership, which The Cabinet appoints members, as far as possible be composed of half of each sex.
Subsection. 2. Paragraph. 1 shall also apply to private institutions, partnerships, limited liability companies, which can not be attributed to public administration, if the cost of the private institutions are mainly covered by Treasury, or if the majority of the company is owned by Home Rule.

§ 7. Authorities, boards etc., As specified in §§ 5 and 6, to propose one member of the committee, etc., See. §§ 5 and 6 shall suggest both a woman and a man. If there is to be proposed several members, proposed half of each sex. The Cabinet shall by its decision of who should be appointed as a member, aim for a combination of selection, etc., See. §§ 5 and 6, with half of each sex.
Subsection. 2. The authority or board, etc.. may derogate from the provision in paragraph. 1, if there are special reasons and must then state the reasons.
Subsection. 3. If the authorities and councils, etc. are not members in compliance with paragraph. 1, the Greenland government disregard the authority or board setting. The same applies if the Cabinet does not accept the reasons under paragraph. 2 to derogate from the provision in paragraph. 1.

§ 8. Each Islands area will after each election to the Board etc., See. § 6, report the composition of the committees, etc., Covered by § 6, the Minister of Gender Equality.




Equality between women and men in employment


§ 9. Any employer who employs men and women shall treat them equally in hiring, transfer, promotion, dismissal and giving them equal working conditions.
Subsection. 2. This Act shall not apply to the extent that a similar obligation to provide equal treatment resulting from a collective agreement.


§ 10. It is not allowed to dismiss an employee on grounds of pregnancy or maternity, or because the employee has made a claim for leave under county regulation on leave of absence and sick pay for pregnancy, childbirth and adoption.



§ 11. 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 anyone who runs counseling and training activities mentioned in paragraph. 1.

§ 12. No advertisement stated that the recruitment or training etc. sought or preferred persons of a particular gender.




Equal pay for women and men


§ 13. 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.

§ 14. An employee whose salary in violation of § 13 is lower than others, entitled to the difference.

§ 15. An employer may not dismiss an employee because the latter has insisted on equal pay, including equal pay conditions.
Subsection. 2. It is for the employer to prove that the dismissal was not in contravention of the rules in paragraphs. 1. This does not apply if the dismissal takes place more than 1 year after the employee has made a claim for equal pay.
Subsection. 3. A dismissal which is made in violation of the rules in paragraphs. 1, overruled on pleadings, unless, in exceptional cases and after balancing the interests of the parties considered unreasonable to require the employment relationship be maintained or restored. A dismissed employee may instead claim the appropriate compensation.

§ 16. In agreements in which employees are entitled to equal pay including equal pay conditions, but where there are no rules on compensation for dismissal that is not reasonably justified by the employee or the company, finds § 15 shall apply accordingly. The case can be treated in the dispute settlement system, provided that their conditions are otherwise met.

§ 17. If the employer does not comply with the obligation to provide equal pay, including equal pay conditions under the Act, the employee may apply the requirement established by the courts.
Subsection. 2. If there is pay discrimination between men and women, it is for the employer to prove that the work is of equal value.




Exemption


§ 18. If by certain occupational activities and education is crucial that the practitioner is of a particular sex may Greenland government grant exemptions from the provisions of §§ 9, 11 - 12, after obtaining an opinion from Greenland Equal Status.
Subsection. 2. The Cabinet may grant exemptions to the provisions of § 2 for a specified business or public administration, if special circumstances apply.
Subsection. 3. The Cabinet can allow measures derogating from § 2 and §§ 9-12, in order to promote equal opportunities for women and men, in particular by removing existing inequalities which affect access to employment, education, etc.




Reimbursement


§ 19. Persons whose rights are violated by violation of § 2 or §§ 9-11, may be awarded compensation.

§ 20 an employee is dismissed in contravention of § 10, or because the latter has insisted on equal treatment under §§ 9 and 11, the employer shall pay compensation.
Subsection. 2. Compensation under paragraph. 1, which may not exceed 39 weeks salary, set by reference to the employee and other circumstances of the case. Compensation for employer's violation of § 10 can not be less than the salary of the terminated position in the period the employee maximum has the right to leave.
Subsection. 3 pieces. 1 and 2 shall apply mutatis mutandis where equal treatment obligations that the collective agreement, but not in the agreement granted an access to a redundancy payment is not reasonably justified by the employee or the company. The case can be treated in the dispute settlement system, provided that their conditions are otherwise met.
Subsection. 4. Remuneration according to § 15 paragraph. 3 can not exceed 78 weeks' pay calculated according to the dismissed employee's average earnings over the last year and determined taking into account the employee and other circumstances of the case.



burden of proof


§ 21. If a person who consider themselves wronged, see § 2, §§ 9-13 § 15 and § 17 paragraph. 1, facts that give rise to assume that exercised direct or indirect discrimination, it is for the opponent to prove that the principle of equal treatment has not been violated.
Subsection. 2. an employee is dismissed, cf. § 10, after she informed her employer that she is pregnant, the employer must prove that the dismissal is not due to pregnancy.

Invalidity etc.

§ 22. Provisions of the agreements and corporate regulations, etc.., Which is in violation of §§ 9-11, § 13 and §§ 15-17 are invalid. This also applies to provisions of the Articles of Association etc.. the independent professions.
Subsection. 2. Provisions of the agreements and corporate regulations, etc.., Which concerns more than one employer, is also void if the discriminatory on grounds of sex within the in §§ 9-11, § 13 and §§ 15-17 above areas. This also applies to provisions of the Articles of Association etc.. the independent professions.

§ 23. An employee may not waive his rights under the law.




Criminal penalties


§ 24. There may be fined for breach of §§ 9 -12.
Subsection. 2. Where an offense is committed by a limited liability company, a cooperative society or the like, may be imposed on the legal person fine. If the violation is committed by the Home Rule, a municipality or a municipal community covered by § 64 of the Act on municipal councils and local boards etc., May be imposed on the Government, the local council or the municipalities jointly.




Entry into force and termination


§ 25. This Act shall enter into force on 1 May 2003.
Subsection. 2. The following provisions are repealed:
1) Act no. 32 of 4 February 1976 on equal pay for men and women.
2) Act no. 244 of 19 April 1989 on equal treatment of men and women with regard to employment and maternity leave.
3) § 4 of the Landsting Regulation no. 12 of 31 October 1996 on leave of absence and sick pay for pregnancy, childbirth and adoption.




Greenland Home Rule, 11 April 2003.




Hans Enoksen
/
Finn Karlsen