Keywords
Summary

Keywords

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SOCIAL POLICY OF THE EEC - MEN AND WOMEN WORKERS - PAY - CONCEPT - SOCIAL SECURITY BENEFITS - RETIREMENT PENSIONS - SCHEMES ESTABLISHED BY LEGISLATION - EXCLUSION - DISCRIMINATION

( EEC TREATY, ARTICLE 119 )

Summary

THE CONCEPT OF PAY AS DEFINED IN ARTICLE 119 OF THE EEC TREATY DOES NOT INCLUDE SOCIAL SECURITY SCHEMES OR BENEFITS DIRECTLY GOVERNED BY LEGISLATION WITHOUT ANY ELEMENT OF AGREEMENT WITHIN THE UNDERTAKING OR THE OCCUPATIONAL BRANCH CONCERNED, WHICH ARE OBLIGATORILY APPLICABLE TO GENERAL CATEGORIES OF WORKERS OR WHICH, WITHIN THE FRAMEWORK OF SUCH A GENERAL SYSTEM ESTABLISHED BY LEGISLATION, RELATE TO CERTAIN CATEGORIES OF WORKERS IN PARTICULAR .

THIS APPLIES ESPECIALLY TO RETIREMENT PENSION SCHEMES WHICH GIVE WORKERS THE BENEFIT OF A LEGAL SYSTEM, THE FINANCING OF WHICH, WORKERS, EMPLOYERS AND POSSIBLY THE PUBLIC AUTHORITIES CONTRIBUTE IN A MEASURE DETERMINED LESS BY THE EMPLOYMENT RELATIONSHIP BETWEEN THE EMPLOYER AND THE WORKER THAN BY CONSIDERATIONS OF SOCIAL POLICY . THE PART DUE FROM THE EMPLOYER IN THE FINANCING OF SUCH SCHEMES DOES NOT CONSTITUTE A DIRECT OR INDIRECT PAYMENT TO THE WORKER; THE LATTER RECEIVES THE BENEFITS LEGALLY PRESCRIBED SOLELY BY REASON OF THE FACT THAT HE FULFILS THE LEGAL CONDITIONS REQUIRED FOR THEIR BEING GRANTED .

SITUATIONS INVOLVING DISCRIMINATION RESULTING FROM THE APPLICATION OF SUCH A SCHEME ARE NOT SUBJECT TO THE REQUIREMENTS OF ARTICLE 119 .