Gender equality in the labour market

SUMMARY OF:

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

WHAT IS THE AIM OF THE DIRECTIVE?

The aim of this directive is to consolidate several directives on gender equality by simplifying, modernising and improving European Union (EU) legislation in the area of equal treatment for men and women in employment.

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 the world of work.

Equality in employment and working conditions

This directive prohibits direct* or indirect discrimination* between men and women concerning the conditions of:

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

In addition, Article 157 of the Treaty on the Functioning of the European Union prohibits discrimination on the grounds of sex in matters of pay for the same work or work of equal value. This principle also applies to job classification systems used for determining pay.

However, exceptionally, different treatment for men and women may be justified by reason of the nature of the particular occupational activity, if the measures taken are legitimate and proportionate.

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

Equality in social protection

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

the scope and conditions of access to the schemes;
the contributions;
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 them.

Maternal, paternal and adoption leave

At the end of maternal, paternal 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, Member States 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.

They must 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), then the plaintiff 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

Member States appoint bodies whose role is to promote, analyse and monitor equal treatment to ensure that the legislation is being followed and to provide independent support to victims of discrimination.

FROM WHEN DO THE RULES APPLY?

The directive had to be transposed into national law by 15 August 2008.

Directive 2006/54/EC revised and replaced several 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.

BACKGROUND

For further information, see:

Gender equality (European Commission)
Gender Statistics Database (European Institute for Gender Equality).

KEY TERMS

Direct discrimination. Where one person is treated less favourably than another person is, has been or would be treated in a comparable situation on the grounds of sex.

Indirect discrimination. Where an apparently neutral provision, criterion or practice would put people of one sex at a particular disadvantage compared to people of another sex (unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary).

Harassment. Where unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Sexual harassment. 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.

MAIN DOCUMENT

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ L 204, 26.7.2006, pp. 23–36).