Gender equality in the labour market

KEY POINTS

Equality between men and women is a fundamental principle of EU law that applies to several aspects of life in society, including to matters of employment and occupation.

Equality in employment and working conditions

Directive 2006/54/EC prohibits direct¹ and indirect discrimination² between men and women concerning:

• recruitment, access to employment and self-employment;
• working conditions, including pay and dismissals;
• vocational training and promotion;
• membership of and involvement in workers’ or employers’ organisations.

In addition, the directive implements the principle of equal pay enshrined in Article 157 of the Treaty on the Functioning of the European Union and prohibits discrimination on the grounds of sex in matters of pay for the same work or work of equal value. Pay is defined as the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which a worker receives directly or indirectly (complementary or variable components) in respect of his or her employment from his or her employer. Where job classification systems are used for determining pay, they should be based on the same criteria for both women and men and be drawn up to exclude any discrimination on the grounds of sex.

EU Member States must encourage employers to act against discrimination (both direct and indirect) on the grounds of sex, and particularly against harassment³ and sexual harassment⁴.

Equality in occupational social security

Women and men should be treated equally under occupational social security schemes, particularly concerning:

• the scope and conditions of access to the schemes;
• the laying down of different rules as regards the age of entry into the scheme or the minimum period of employment or membership of the scheme required to obtain the benefits thereof;
• the contributions to such schemes;
• the calculation of benefits, including supplementary benefits, and the conditions governing the duration and retention of entitlement.

This principle applies to the whole working population, including:

• self-employed workers (however, for this category, Member States may provide for different treatment concerning the pensionable age);
• workers whose activity is interrupted by illness, accident or involuntary unemployment;
• people seeking employment, retired and disabled workers, and those claiming under occupational social security schemes.

Maternity, paternity and adoption leave

At the end of maternity, paternity or adoption leave, employees have the right to:

• return to their jobs or to equivalent posts on conditions that are no less favourable to them;
• benefit from any improvement in working conditions to which they would have been entitled during their absence.

Defence of rights

• Member States must put remedies in place for employees who have been victims of discrimination, such as conciliation and judicial procedures. In addition, they must take the necessary measures to protect employees and their representatives against adverse treatment by the employer as a reaction to a complaint within the company or to any legal proceedings.
• Member States must also establish penalties and reparation or compensation possibilities in relation to the damage sustained.
• In the case of legal proceedings, the burden of proof is shared between the person who lodges the discrimination complaint and the party accused of discrimination. If the complainant presents facts to the court that can create a presumption of discrimination (e.g. all women in the company have lower salaries than men for the same work or for work of equal value), then the respondent must prove that there has been no breach of the principle of equal treatment (e.g. their jobs are different or they work part-time).
• It should be noted that Chapter III (Remedies and enforcement) of Directive (EU) 2023/970 on rules on pay transparency in relation to equal pay for equal work (see summary) applies to proceedings concerning any right or obligation relating to the principle of equal pay set out in Article 4 of Directive 2006/54/EC. To date, although the right to equal pay between women and men for equal work or work of equal value is enshrined in Article 157 of the Treaty on the Functioning of the European Union and in Directive 2006/54/EC, the principle has been hard to apply and enforce. The rules set out in Directive (EU) 2023/970 will apply from 7 June 2026.

Promoting equal treatment

Amending Directive (EU) 2024/1500 deletes Article 20 of Directive 2006/54/EC on equality bodies. This article had left a wide margin of discretion to Member States in terms of these bodies’ mandates, competences, structure, resources and operational functioning, resulting in divergences in the levels of protection against discrimination among Member States.

The amending directive therefore sets out minimum standards for the functioning of these bodies to improve their effectiveness and guarantee their independence so as to better apply the principle of equal treatment. It requires Member States to ensure that equality bodies:

• are independent and free from external influence;
• have the necessary resources to perform their tasks effectively;
• carry out activities to prevent discrimination and promote equal treatment;
• assist victims;
• can offer parties the possibility of alternative resolution to their dispute;
• can conduct inquiries into breaches of the principle of equal treatment;
• can act in court proceedings in civil and administrative law matters regarding the implementation of the principle of equal treatment.

Repeal

Directive 2006/54/EC recasts and replaces several directives (Directives 75/117/EEC, 76/207/EEC, 2002/73/EC, 86/378/EEC, 96/97/EC, 97/80/EC and 98/52/EC) and their subsequent amendments.