Keywords
Summary

Keywords

1 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - IMPLEMENTATION BY THE MEMBER STATES - RELIANCE ON REPRESENTATIVES OF MANAGEMENT AND LABOUR - INSUFFICIENT

( COUNCIL DIRECTIVE NO 75/117 )

2 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - IMPLEMENTATION BY THE MEMBER STATES - LEGAL CERTAINTY AND PROTECTION OF INDIVIDUALS - FAILURE TO MENTION EQUAL PAY FOR WORK OF EQUAL VALUE IN NATIONAL LEGISLATION - NOT PERMISSIBLE

( COUNCIL DIRECTIVE NO 75/117 , ART . 1 , FIRST PARA .)

3 . COMMUNITY LAW - INTERPRETATION - MEASURES ADOPTED BY COMMUNITY INSTITUTIONS - UNILATERAL DECLARATIONS MADE AT THE TIME OF ENACTMENT - WHETHER OR NOT TO BE TAKEN INTO ACCOUNT - NO

Summary

1 . ALTHOUGH MEMBER STATES MAY LEAVE THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL PAY IN THE FIRST INSTANCE TO REPRESENTATIVES OF MANAGEMENT AND LABOUR , THAT POSSIBILITY DOES NOT DISCHARGE THEM FROM THE OBLIGATION OF ENSURING , BY APPROPRIATE LEGISLATIVE AND ADMINISTRATIVE PROVISIONS , THAT ALL WORKERS IN THE COMMUNITY ARE AFFORDED THE FULL PROTECTION PROVIDED FOR IN DIRECTIVE NO 75/117 . THAT STATE GUARANTEE MUST COVER ALL CASES WHERE EFFECTIVE PROTECTION IS NOT ENSURED BY OTHER MEANS , FOR WHATEVER REASON , AND IN PARTICULAR CASES WHERE THE WORKERS IN QUESTION ARE NOT UNION MEMBERS , WHERE THE SECTOR IN QUESTION IS NOT COVERED BY A COLLECTIVE AGREEMENT OR WHERE SUCH AN AGREEMENT DOES NOT FULLY GUARANTEE THE PRINCIPLE OF EQUAL PAY .

2 . THE PRINCIPLES OF LEGAL CERTAINTY AND OF THE PROTECTION OF INDIVIDUALS REQUIRE AN UNEQUIVOCAL STATEMENT OF THE RIGHTS FLOWING FROM DIRECTIVE NO 75/117 SO AS TO GIVE THE PERSONS CONCERNED , AND IN PARTICULAR WORKERS WHOSE RIGHTS ARE NOT LAID DOWN IN COLLECTIVE AGREEMENTS , A CLEAR AND PRECISE UNDERSTANDING OF THEIR RIGHTS AND OBLIGATIONS AND ENABLE THE COURTS TO ENSURE THAT THOSE RIGHTS AND OBLIGATIONS ARE OBSERVED . NATIONAL LEGISLATION IMPLEMENTING THE DIRECTIVE WHICH SETS OUT THE PRINCIPLE OF EQUAL PAY WITHOUT SPEAKING OF WORK OF EQUAL VALUE , THUS RESTRICTING THE SCOPE OF THE PRINCIPLE , DOES NOT FULFIL THOSE CONDITIONS .

3 . UNILATERAL DECLARATIONS ENTERED BY MEMBER STATES IN THE MINUTES OF COUNCIL MEETINGS CANNOT BE RELIED UPON FOR THE INTERPRETATION OF COMMUNITY MEASURES , SINCE THE OBJECTIVE SCOPE OF RULES LAID DOWN BY THE COMMON INSTITUTIONS CANNOT BE MODIFIED BY RESERVATIONS OR OBJECTIONS WHICH MEMBER STATES MAY HAVE MADE AT THE TIME THE RULES WERE BEING FORMULATED .