Implementing EU legislation

Implementing and modernising EU legislation on the equal treatment of men and women

Recast Directive 2006/54/EC

The directive covers the following three principles:

• equal pay;
• equal treatment in occupational social security schemes;
• equal treatment in access to employment, vocational training and promotion and in working conditions.

It also improves procedures to make application of the principles more effective, and provides harmonised definitions of key terms - "discrimination" (direct and indirect), "harassment", "sexual harassment", "pay" and "occupational social security schemes".

The directive incorporates some well-established case law of the European Court of Justice:

• criteria for categorising statutory and occupational pension schemes in relation to pension schemes for public servants;
• the principle of equal treatment in occupational social security schemes now also covers pension schemes for a particular category of workers, e.g. public servants;
• the cross-cutting rules on the burden of proof and on access to employment, vocational training and working conditions now also cover occupational social security schemes.

Full text: Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) [131 KB]

The new directive replaces (and repeals) the following directives:

• Directive 75/117/EEC on equal pay
• Directive 76/207/EEC (amended by 2002/73/EC) on equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
• Directive 86/378/EC on the implementation of the principle of equal treatment for men and women in occupational social security schemes (amended by the directive 96/97/EC on occupational social security schemes )
• Directive 97/80/EC (amended by 98/52/EC) on the burden of proof in cases of sex discrimination (amended by the Directive of 1998 )

Burden of proof in cases of discrimination based on sex

Under Directive 97/80/EC , EU countries must ensure that the burden of proof for cases of discrimination in their legal system lies with the defendant. In other words, provided the plaintiff can establish before a court facts from which discrimination may be presumed to exist, it is for the defendant to prove that there has been no contravention of the principle of equality. Countries may introduce evidential rules which are more favourable to the plaintiff.

Full text: Directive 97/80/EC on the burden of proof in cases of discrimination based on sex

The directive applies to:

• the principle of equal pay for male and female workers for equal work or work of equal value (Article 141 of the EC Treaty)
• Directive 75/117/EEC on equal pay
• Directive 76/207/EEC on access to employment, vocational training and promotion

Insofar as sex discrimination is concerned, it also applies to:

• Directive 92/85/EEC on protection of pregnant workers and those who have recently given birth or are breastfeeding
• Directive 96/34/EC on parental leave

It also applies to any civil or administrative procedure concerning the public or private sector, except for out-of-court procedures.

The directive does not apply to criminal procedures, unless otherwise specified under national law.