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Document 61998CJ0236

Streszczenie wyroku

Wyrok Trybunału (szósta izba) z dnia 30 marca 2000 r.
Jämställdhetsombudsmannen przeciwko Örebro läns landsting.
Wniosek o wydanie orzeczenia w trybie prejudycjalnym: Arbetsdomstolen - Szwecja.
Polityka społeczna - Dyrektywa 75/117/EWG.
Sprawa C-236/98.

Keywords
Summary

Keywords

1. Social policy - Men and women - Equal pay - Inconvenient hours for midwives - Whether to take into account for the purposes of comparison with clinical technicians' pay - Exclusion - Burden of proof where there is apparent discrimination

(EC Treaty Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 EC to 143 EC); Council Directive 75/117)

2. Social policy - Men and women - Equal pay - Reduction in working time accorded to midwives for work on a roster sytem and value of that reduction - Whether to take into account for the purposes of comparison with clinical technicians' pay - Exclusion - Reduction capable of being a factor justifying possible difference in pay - Burden of proof

(EC Treaty Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 EC to 143 EC); Council Directive 75/117)

Summary

1. The inconvenient-hours supplement paid to midwives that varies from month to month according to the part of the day during which the hours in question were worked and thus makes it difficult to make a meaningful comparison between, on the one hand, a midwife's salary and supplementary allowance, taken together, and, on the other hand, the basic salary of clinical technicians, is not to be taken into account in calculating the salary paid to the two groups which serves as the basis for a pay comparison for the purposes of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty were replaced by Articles 136 EC to 143 EC) and Directive 75/117.

If a difference in pay between the two groups compared is found to exist, and if the available statistical data indicate that there is a substantially higher proportion of women than men in the disadvantaged group, Article 119 of the Treaty requires the employer to justify the difference by objective factors unrelated to any discrimination on grounds of sex.

( see paras 45, 54, operative part 1 )

2. Neither the reduction in working time, by reference to the standard working time for day-work performed by clinical technicians, awarded in respect of work performed by midwives according to a three-shift roster, nor the value of such a reduction, are to be taken into consideration for the purpose of calculating the salary used as the basis for a pay comparison for the purposes of Article 119 of the Treaty (Articles 117 to 120 of the Treaty have been replaced by Articles 136 EC to 143 EC) and Directive 75/117.

However, such a reduction may constitute an objective reason unrelated to any discrimination on grounds of sex such as to justify a difference in pay. It is for the employer to show that such is in fact the case.

( see paras 63, operative part 2 )

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