Keywords
Summary

Keywords

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Social policy - Male and female workers - Equal pay - National legislation excluding certain part-time workers from the continued payment of wages in the event of illness - Exclusion affecting mainly female workers - Not permissible unless objectively justified

( EEC Treaty, Art . 119 )

Summary

Article 119 of the Treaty precludes national legislation which permits employers to exclude employees whose normal working hours do not exceed 10 hours a week or 45 hours a month from the continued payment of wages in the event of illness, if that measure affects a far greater number of women than men, unless the Member State shows that the legislation concerned is justified by objective factors unrelated to any discrimination on grounds of sex, which concern one of the essential aims of its social policy .