Keywords
Summary

Keywords

( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY - MEN AND WOMEN WORKERS - EQUAL PAY - EXCLUSION OF PART-TIME WORKERS FROM AN OCCUPATIONAL PENSION SCHEME - PART-TIME STAFF COMPOSED MAINLY OF WOMEN - IMPERMISSIBLE IN THE ABSENCE OF OBJECTIVE GROUNDS

( EEC TREATY , ART . 119 )

3 . SOCIAL POLICY - MEN AND WOMEN WORKERS - EQUAL PAY - OCCUPATIONAL PENSION SCHEME - OBLIGATION TO ADJUST CONDITIONS OF ACCESS TO TAKE ACCOUNT OF THE DIFFICULTIES FACED BY EMPLOYEES WITH FAMILY RESPONSIBILITIES - NONE

( EEC TREATY , ART . 119 )

1 . AN OCCUPATIONAL PENSION SCHEME WHICH , ALTHOUGH ESTABLISHED IN ACCORDANCE WITH STATUTORY PROVISIONS , IS BASED ON AN AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEE REPRESENTATIVES CONSTITUTES AN INTEGRAL PART OF THE CONTRACT OF EMPLOY- MENT AND HAS THE EFFECT OF SUPPLEMENTING THE SOCIAL BENEFITS PAID UNDER NATIONAL LEGISLATION OF GENERAL APPLICATION WITH BENEFITS FINANCED ENTIRELY BY THE EMPLOYER DOES NOT CONSTITUTE A SOCIAL SECURITY SCHEME GOVERNED DIRECTLY BY STATUTE AND THUS OUTSIDE THE SCOPE OF ARTICLE 119 , BUT IS SUBJECT TO THAT PROVISION .

Summary

2 . ARTICLE 119 OF THE TREATY IS INFRINGED BY AN UNDERTAKING WHICH EXCLUDES PART-TIME EMPLOYEES FROM ITS OCCUPATIONAL PENSION SCHEME , WHERE THAT EXCLUSION AFFECTS A FAR GREATER NUMBER OF WOMEN THAN MEN , UNLESS THE UNDERTAKING SHOWS THAT THE EXCLUSION IS BASED ON OBJECTIVELY JUSTIFIED FACTORS UNRELATED TO ANY DISCRIMINATION ON GROUNDS OF SEX .

SUCH FACTORS MAY LIE IN THE FACT THAT THE UNDERTAKING SEEKS TO EMPLOY AS FEW PART-TIME WORKERS AS POSSIBLE , WHERE IT IS SHOWN THAT THAT OBJECTIVE CORRESPONDS TO A REAL NEED ON THE PART OF THE UNDERTAKING AND THE MEANS CHOSEN FOR ACHIEVING IT ARE APPROPRIATE AND NECESSARY .

3 . ARTICLE 119 DOES NOT HAVE THE EFFECT OF REQUIRING AN EMPLOYER TO ORGANIZE ITS OCCUPATIONAL PENSION SCHEME IN SUCH A MANNER AS TO TAKE INTO ACCOUNT THE PARTICULAR DIFFICULTIES FACED BY PERSONS WITH FAMILY RESPONSIBILITIES IN MEETING THE CONDITIONS FOR ENTITLEMENT TO SUCH A PENSION .

OPINION OF MR ADVOCATE GENERAL DARMON