Keywords
Summary

Keywords

Social policy - Men and women - Equal pay - Collective agreement under which persons engaged in `minor employment' are not entitled to a special annual bonus - Where that measure affects a considerably higher percentage of women than men - Not permissible

(EC Treaty, Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 EC to 143 EC)

Summary

$$Article 119 of the Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) must be interpreted as meaning that exclusion by a collective agreement from entitlement to a special annual bonus provided for by that collective agreement of persons in employment which involves a normal working week of less than 15 hours and normal pay not exceeding a fraction of the monthly baseline and which is, on that basis, exempt from compulsory social insurance constitutes indirect discrimination based on sex, where that exclusion applies independently of the sex of the worker but actually affects a considerably higher percentage of women than men.