Gender Equality
Equal Pay Between Men and Women for Work of Equal Value Law
The Equal Pay Between Men and Women for Work of Equal Value Law was passed in October 1989 and was put into effect in October 1992. The aim of this Law is to abolish any kind of discrimination against women and to safeguard equal pay among workers for their work, irrespective of their sex.
The basic provisions of the Law are:
1. Equal Pay Between Men and Women for Work of Equal Value.
Every employer is obliged to provide the men and women he employs equal pay for work of equal value, irrespective of the sex of the employee.
According to the Law, "work of equal value" means work carried out by men and women of the same nature and "equal pay for men and women for work of equal value" means that in determining and paying compensation for that work, any element of discrimination based on the sex of the employee is excluded.
Any employer who violates this provision is guilty of a wrong-doing and if condemned is given a fine which will not exceed two thousand pounds.
2. Amending the conditions of work contracts which are against the Law.
If the work contract includes a provision which is against the Law, then:
a) Any condition of the contract regarding female employees that is less favourable than a similar condition regarding male employees, is amended in such a way that this condition is not less favourable.
b) Any condition of the contract which is favourable for male employees but is not matched anywhere in the contract by a similar condition regarding female employees, is immediately considered to apply to female employees and is included in the contract for female employees.
3. Protection of employees.
No employee is dismissed from his/her work or is submitted in any way to unfavourable treatment by his/her employer for putting forward a complaint or testifying or contributing to the persecution of a violator of the Law or having taken any other measures based on this Law.
The employer who violates this provision is guilty of a wrong-doing and if condemned will face a fine which will not exceed two thousand pounds.
4. Inspectors - Technical Committee
For the implementation of the Law, the Minister of Labour and Social Insurance appoints inspectors with any title he may decide, as well as officers, if deemed necessary, who will be under the control and instructions of the First Industrial Inspector of the Ministry of Labour and Social Insurance.
The Labour Dispute Tribunal can also appoint a technical committee in order to help determine work of equal value.
5. Measures to lift adverse situations against female employees.
The Labour Dispute Tribunal, in case the provisions of this Law are violated, may order that measures be taken to prevent the continuation of an adverse situation against a female employee.
In order for the Tribunal to take action in such a case, an application must first be filed, either from the employee herself or from her trade union.
The measures that can be ordered by the Tribunal are:
a) To issue an order of binding recognition of the rights of the applicant in relation to the reported discrimination.
b) To issue instructions that the violator take such measures that will terminate the adverse for the applicant effects and which were caused due to the reported illegal actions.
c) Irrespective of the two above-mentioned measures, the Tribunal may also decide compensation in favour of the applicant that will cover the losses and real losses of the applicant from the day the reported illegal actions were effected.
