Keywords
Summary

Keywords

Social policy - Men and women - Equal pay - Lump-sum payment made exclusively to women taking maternity leave - Whether permissible - Conditions

(EC Treaty, Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 EC to 143 EC))

Summary

$$The principle of equal pay laid down in Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) does not preclude the making of a lump-sum payment exclusively to female workers who take maternity leave, where that payment is designed to offset the occupational disadvantages which arise for those workers as a result of being away from work. In such cases, male and female workers are in different situations, which excludes any breach of the principle of equal pay.

Such disadvantages may consist in the fact that a woman on maternity leave may not be proposed for promotion; that, on her return, her period of service will be reduced by the length of her absence; that a woman on maternity leave may not claim performance-related salary increases; that she may not be able to take part in certain training; lastly, that, since new technology is constantly changing the nature of jobs, her adaptation on returning from maternity leave becomes complicated.