eu-charter

Cairt um Chearta Bunúsacha an Aontais Eorpaigh

Airteagal 33 - Saol an teaghlaigh agus an saol gairmiúil

Airteagal 33 - Saol an teaghlaigh agus an saol gairmiúil

1. Beidh ag an teaghlach cosaint dhlítheanach, eacnamaíoch agus shóisialta.
2. Chun gur féidir comhréiteach a fháil idir saol an teaghlaigh agus an saol gairmiúil, beidh ag gach duine an ceart chun cosaint a fháil ar dhífhostú ar chúis atá bainteach le máithreachas agus an ceart chun saoire mháithreachais le pá agus chun saoire do thuismitheoir tar éis breithe nó uchtála linbh.

    • Text:

      Tá Airteagal 33(1) bunaithe ar Airteagal 16 de Chairt Shóisialta na hEorpa.

       Tarraingíonn mír 2 ar Threoir 92/85/CEE ón gComhairle maidir le bearta a thabhairt isteach arb é is aidhm dóibh feabhsúcháin a chur ar aghaidh ag an obair i dtaca le sábháilteacht agus sláinte oibrithe toircheasacha agus oibrithe atá tar éis leanbh a shaolú nó atá i mbun beathú cíche agus ar Threoir 96/34/CE maidir leis an gcomhaontú réime um shaoire do thuismitheoirí arna thabhairt i gcrích ag UNICE, CEEP agus CEC. Tá sé bunaithe freisin ar Airteagal 8 (an máithreachas a chosaint) de Chairt Shóisialta na hEorpa agus tarraingíonn sé ar Airteagal 27 (cearta oibrithe a bhfuil freagrachtaí teaghlaigh orthu chun deiseanna comhionanna agus cóir chomhionann a fháil) den Chairt Shóisialta athbhreithnithe. Folaíonn `máithreachas` an tréimhse uile ón gcoimpeart go dtí an bhaint den chíoch.

      Source:
      Iris Oifigiúil an Aontais Eorpaigh C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      Ullmhaíodh na mínithe seo i dtosach faoi údarás Praesidium an Choinbhinsiúin a dhréachtaigh an Chairt um Chearta Bunúsacha an Aontais Eorpaigh. Tugadh suas chun dáta iad faoi chúram Praesidium an Choinbhinsiúin Eorpaigh i bhfianaise na gcoigeartuithe dréachtaithe a rinne an Coinbhinsiún sin ar théacs na Cairte (go háirithe ar Airteagail 51 agus 52) agus i bhfianaise an fhoráis a tháinig ar dhlí an Aontais. Cé nach bhfuil stádas dlí acu iontu féin, is mór is fiú iad mar uirlis léirithe arb é is aidhm di forálacha na Cairte a shoiléiriú.
    • Question of unconstitutionality, promoted by the Social Chamber of the High Court of Justice of Catalonia of the revised text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of October 23
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:ES:TC:2024:140
    • Ms Martina Sara v. NATIONAL INSTITUTE OF SOCIAL SECURITY AND GENERAL TREASURY OF SOCIAL SECURITY
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Superior Court of Justice (Social Chamber)
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:ES:TSJM:2023:972
    • Public school teacher v. The Greek State (Ministry of Education)
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Council of State
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
    • XI v Caisse pour l'avenir des enfants
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Eighth Chamber)
      Type:
      Decision
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2021:140
    • REQUEST for a preliminary ruling under Article 267 TFEU from the Juzgado de lo Social No 33 de Madrid (Social Court No 33, Madrid, Spain)
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Sixth Chamber)
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2019:757
    • Mr … v Minister of Higher Education and Research
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Type:
      Decision
      Policy area:
      Free movement and equality
      ECLI (European case law identifier):
    • Kreshnik Ymeraga and Others v Ministre du Travail, de l’Emploi et de l’Immigration.
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Second Chamber)
      Type:
      Decision
      Policy area:
      Justice, freedom and security
      ECLI (European case law identifier):
      ECLI:EU:C:2013:291
    • Adzo Domenyo Alokpa, Jarel Moudoulou, Eja Moudoulou v Ministre du Travail, de l’Emploi et de l’Immigration
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Type:
      Opinion
      Policy area:
      ECLI (European case law identifier):
    • Zoi Chatzi v Ypourgos Oikonomikon
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (First Chamber)
      Type:
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2010:534
    • Zoi Chatzi v Ipourgos Ikonomikon
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Advocate General
      Type:
      Opinion
      Policy area:
      Employment and social policy
      ECLI (European case law identifier):
      ECLI:EU:C:2010:407

    39 results found

    • Charter of Fundamental Rights and Freedoms
      Tír:
      Czechia

      Article 29 (1) Women, adolescents, and persons with health problems have the right to increased protection of their health at work and to special work conditions. (2) Adolescents and persons with health problems have the right to special protection in labour relations and to assistance in vocational training. (3) Detailed provisions shall be set by law. Article 32 (1) Parenthood and the family are under the protection of the law. Special protection is guaranteed to children and adolescents. (2) Pregnant women are guaranteed special care, protection in labor relations, and suitable labor conditions.

    • Czech Labour Code No.262/2006 Coll.
      Tír:
      Czechia

      Sections 195-8 deal with all types of parental leave.  Sections 239-42 deal with specialised conditions for women at work. 

    • Listina základních práv a svobod
      Tír:
      Czechia

      Článek 29 (1) Ženy, mladiství a osoby zdravotně postižené mají právo na zvýšenou ochranu zdraví při práci a na zvláštní pracovní podmínky. (2) Mladiství a osoby zdravotně postižené mají právo na zvláštní ochranu v pracovních vztazích a na pomoc při přípravě k povolání. (3) Podrobnosti stanoví zákon. Článek 32 (1) Rodičovství a rodina jsou pod ochranou zákona. Zvláštní ochrana dětí a mladistvých je zaručena. (2) Ženě v těhotenství je zaručena zvláštní péče, ochrana v pracovních vztazích a odpovídající pracovní podmínky.

    • Constitutión Española
      Tír:
      Spain

      Artículo 391. Los poderes públicos aseguran la protección social, económica y jurídica de la familia.(…)

    • Constitution of the Kingdom of Spain
      Tír:
      Spain

      Article 39 The public authorities ensure social, economic and legal protection of the family. (...)

    • Constitution of the Republic of Slovenia
      Tír:
      Slovenia

      Article 53 Marriage is based on the equality of spouses. Marriages shall be solemnised before an empowered state authority.Marriage and the legal relations within it and the family, as well as those within an extramarital union, shall be regulated by law.The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection.

    • Constitution of the Slovak Republic
      Tír:
      Slovakia

      Article 41 (1) Marriage is a unique bond between a man and a woman. The Slovak Republic broadly protects and promotes its good. Marriage parenthood and the family are under the protection of the law. The special protection of children and minors is guaranteed.(2) Special care, protection in labor relations, and adequate working conditions are guaranteed to a woman during the period of pregnancy (...) (5) Parents caring for children are entitled to assistance from the state. (6) Details concerning rights under paragraphs 1 to 5 shall be laid down by law.

    • Ústava Slovenskej republiky
      Tír:
      Slovakia

      Čl. 41 (1) Manželstvo je jedinečný zväzok medzi mužom a ženou. Slovenská republika manželstvo všestranne chráni a napomáha jeho dobru. Manželstvo, rodičovstvo a rodina sú pod ochranou zákona. Zaručuje sa osobitná ochrana detí a mladistvých. (2) Žene v tehotenstve sa zaručuje osobitná starostlivosť, ochrana v pracovných vzťahoch a zodpovedajúce pracovné podmienky. (5) Rodičia, ktorí sa starajú o deti, majú právo na pomoc štátu. (6) Podrobnosti o právach podľa odsekov 1 až 5 ustanoví zákon.

    • Constituição da República Portuguesa
      Tír:
      Portugal

      Artigo 59.º (Direitos dos trabalhadores) 1. Todos os trabalhadores, sem distinção de idade, sexo, raça, cidadania, território de origem, religião, convicções políticas ou ideológicas, têm direito: b) A organização do trabalho em condições socialmente dignificantes, de forma a facultar a realização pessoal e a permitir a conciliação da actividade profissional com a vida familiar. Artigo 67.º (Família) 1. A família, como elemento fundamental da sociedade, tem direito à protecção da sociedade e do Estado e à efectivação de todas as condições que permitam a realização pessoal dos seus membros. 2. Incumbe, designadamente, ao Estado para protecção da família: a) Promover a independência social e económica dos agregados familiares; b) Promover a criação e garantir o acesso a uma rede nacional de creches e de outros equipamentos sociais de apoio à família, bem como uma política de terceira idade; c) Cooperar com os pais na educação dos filhos; d) Garantir, no respeito da liberdade individual, o direito ao planeamento familiar, promovendo a informação e o acesso aos métodos e aos meios que o assegurem, e organizar as estruturas jurídicas e técnicas que permitam o exercício de uma maternidade e paternidade conscientes; e) Regulamentar a procriação assistida, em termos que salvaguardem a dignidade da pessoa humana; f) Regular os impostos e os benefícios sociais, de harmonia com os encargos familiares; g) Definir, ouvidas as associações representativas das famílias, e executar uma política de família com carácter global e integrado. h) Promover, através da concertação das várias políticas sectoriais, a conciliação da actividade profissional com a vida familiar. Artigo 68.º (Paternidade e maternidade) 1. Os pais e as mães têm direito à protecção da sociedade e do Estado na realização da sua insubstituível acção em relação aos filhos, nomeadamente quanto à sua educação, com garantia de realização profissional e de participação na vida cívica do país. 2. A maternidade e a paternidade constituem valores sociais eminentes. 3. As mulheres têm direito a especial protecção durante a gravidez e após o parto, tendo as mulheres trabalhadoras ainda direito a dispensa do trabalho por período adequado, sem perda da retribuição ou de quaisquer regalias. 4. A lei regula a atribuição às mães e aos pais de direitos de dispensa de trabalho por período adequado, de acordo com os interesses da criança e as necessidades do agregado familiar.

    • Constitution of the Portuguese Republic
      Tír:
      Portugal

      Article 59 (Workers’ rights) (1) Regardless of age, sex, race, citizenship, place of origin, religion and political and ideological convictions, every worker shall possess the right: (b) That work be organised in keeping with social dignity and in such a way as to provide personal fulfilment and to make it possible to reconcile professional and family life. Article 67 (Family) (1). As a fundamental element in society, the family shall possess the right to protection by society and the state and to the effective implementation of all the conditions needed to enable family members to achieve personal fulfilment. (2) In order to protect the family, the state shall particularly be charged with: (a) Promoting the social and economic independence of family units; (b) Promoting the creation of, and guaranteeing access to, a national network of crèches and other social facilities designed to support the family, together with a policy for the elderly; (c) Cooperating with parents in relation to their children’s education; (d) With respect for individual freedom, guaranteeing the right to family planning by promoting the information and access to the methods and means required therefore, and organising such legal and technical arrangements as are needed for motherhood and fatherhood to be consciously planned; (e) Regulating assisted conception in such a way as to safeguard the dignity of the human person; (f) Regulating taxes and social benefits in line with family costs; (g) After first consulting the associations that represent the family, drawing up and implementing a global and integrated family policy; (h) By concerting the various sectoral policies, promoting the reconciliation of professional and family life. Article 68 (Fatherhood and motherhood) (1) In performing their irreplaceable role in relation to their children, particularly as regards the children’s education, fathers and mothers shall possess the right to protection by society and the state, together with the guarantee of their own professional fulfilment and participation in civic life. (2) Motherhood and fatherhood shall constitute eminent social values. (3) Women shall possess the right to special protection during pregnancy and following childbirth, and female workers shall also possess the right to an adequate period of leave from work without loss of remuneration or any privileges. (4) The law shall regulate the grant to mothers and fathers of an adequate period of leave from work, in accordance with the interests of the child and the needs of the family unit.

    • Constitution of the Republic of Poland
      Tír:
      Poland

      Article 18Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.Article 331. Men and women shall have equal rights in family, political, social and economic life in the Republic of Poland.2. Men and women shall have equal rights, in particular, regarding education, employment and promotion, and shall have the right to equal compensation for work of similar value, to social security, to hold offices, and to receive public honours and decorations.Article 711. The State, in its social and economic policy, shall take into account the good of the family. Families, finding themselves in difficult material and social circumstances - particularly those with many children or a single parent - shall have the right to special assistance from public authorities.2. A mother, before and after birth, shall have the right to special assistance from public authorities, to the extent specified by statute.

    • Constitution of the Republic of Poland
      Tír:
      Poland

      Article 18 Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.Article 33.1. Men and women shall have equal rights in family, political, social and economic life in the Republic of Poland.2. Men and women shall have equal rights, in particular, regarding education, employment and promotion, and shall have the right to equal compensation for work of similar value, to social security, to hold offices, and to receive public honours and decorations.Article 71.1. The State, in its social and economic policy, shall take into account the good of the family. Families, finding themselves in difficult material and social circumstances - particularly those with many children or a single parent - shall have the right to special assistance from public authorities.2. A mother, before and after birth, shall have the right to special assistance from public authorities, to the extent specified by statute.

    • Konstytucja Rzeczypospolitej Polskiej
      Tír:
      Poland

      Art. 18 Małżeństwo jako związek kobiety i mężczyzny, rodzina, macierzyństwo i rodzicielstwo znajdują się pod ochroną i opieką Rzeczypospolitej Polskiej.Art. 33 Kobieta i mężczyzna w Rzeczypospolitej Polskiej mają równe prawa w życiu rodzinnym, politycznym, społecznym i gospodarczym.Kobieta i mężczyzna mają w szczególności równe prawo do kształcenia, zatrudnienia i awansów, do jednakowego wynagradzania za pracę jednakowej wartości, do zabezpieczenia społecznego oraz do zajmowania stanowisk, pełnienia funkcji oraz uzyskiwania godności publicznych i odznaczeń.Art. 71.1 Państwo w swojej polityce społecznej i gospodarczej uwzględnia dobro rodziny. Rodziny znajdujące się w trudnej sytuacji materialnej i społecznej, zwłaszcza wielodzietne i niepełne, mają prawo do szczególnej pomocy ze strony władz publicznych. 2. Matka przed i po urodzeniu dziecka ma prawo do szczególnej pomocy władz publicznych, której zakres określa ustawa.

    • Constitution of Malta
      Tír:
      Malta

      14. The State shall promote the equal right of men and women to enjoy all economic, social, cultural, civil and political rights and for this purpose shall take appropriate measures to eliminate all forms of discrimination between the sexes by any person, organisation or enterprise; the State shall in particular aim at ensuring that women workers enjoy equal rights and the same wages for the same work as men.

    • Constitution du Grand Duche de Luxembourg
      Tír:
      Luxembourg

      Article 11.(1) L’Etat garantit les droits naturels de la personne humaine et de la famille.

    • Constitution of the Grand Duchy of Luxembourg
      Tír:
      Luxembourg

      Article 11.(1) The State guarantees the natural rights of the human person and of the family.

    • Constitution of the Republic of Lithuania
      Tír:
      Lithuania

      Article 39. The State shall take care of families raising and bringing up children at home, and shall render them support according to the procedure established by law. The law shall make a provision for working mothers to be granted paid leave before and after childbirth, as well as favourable working conditions and other concessions.

    • Lietuvos Respublikos Konstitucija
      Tír:
      Lithuania

      39 straipsnis. Valstybė globoja šeimas, auginančias ir auklėjančias vaikus namuose, įstatymo nustatyta tvarka teikia joms paramą. Dirbančioms motinoms įstatymas numato mokamas atostogas iki gimdymo ir po jo, palankias darbo sąlygas ir kitas lengvatas.

    • Labour Law
      Tír:
      Latvia

      Section 154 - Prenatal and Maternity Leave(1) Prenatal leave of 56 calendar days and maternity leave of 56 calendar days shall be summed and 112 calendar days granted irrespective of the number of days prenatal leave has been utilised prior to child-birth.(2) A woman who has initiated pregnancy-related medical care at a preventive medical institution by the 12th week of pregnancy and has continued for the whole period of pregnancy shall be granted a supplementary leave of 14 days, adding it to the prenatal leave and calculating 70 calendar days in total.(3) In case of complications in pregnancy, childbirth or postnatal period, as well as if two or more children are born, a woman shall be granted a supplementary leave of 14 days, adding it to the maternity leave and calculating 70 calendar days in total.(4) Leave granted in connection with pregnancy and childbirth shall not be included in annual paid leave.(5) A woman who utilises pregnancy or maternity leave shall have preserved her previous work. If this is not possible, the employer shall ensure the woman similar or equivalent work with not less advantageous circumstances and employment provisions.Section 155 - Leave to Father of a Child, Adopters and Other Persons(1) The father of a child is entitled to leave of 10 calendar days. Leave to the father of a child shall be granted immediately after the birth of the child, but not later than within a two-month period from the birth of the child.(2) If a mother has died in childbirth or within a period up to the 42nd day of the postnatal period, or in accordance with the procedures prescribed by law up to the 42nd day of the postnatal period has refused to take care and bring up the child, the father of the child shall be granted leave for the period up to the 70th day of the child’s life. The leave referred to shall be granted also to another person who actually takes care of the child.(3) If a mother cannot take care of the child up to the 42nd day of the postnatal period due to illness, injury or other health-related reasons, the father or another person who actually takes care of the child shall be granted leave for those days on which the mother herself is not able to take care of the child.(...)Section 156 - Parental Leave(1) Every employee has the right to parental leave in connection with the birth or adoption of a child. Such leave shall be granted for a period not exceeding one and a half years up to the day the child reaches the age of eight years.(2) Parental leave, at the request of an employee, shall be granted as a single period or in parts. The employee has a duty to notify the employer in writing one month in advance of the beginning and the length of the parental leave or parts thereof.(3) The time spent by an employee on parental leave shall be included in the total length of service.(4) The previous job of an employee who makes use of parental leave shall be retained. If this is not possible, the employer shall ensure the employee similar or equivalent work with not less advantageous circumstances and employment provisions.

    • Constitution of the Italian Republic
      Tír:
      Italy

      Art. 31. The Republic assists the formation of the family and the fulfilment of its duties, with particular consideration for large families, through economic measures and other benefits. The Republic protects mothers, children and the young by adopting necessary provisions.

    5 results found

    • Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within

      .

    • Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC

      .

    • Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU

      .

    • Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)

      Preamble 


      (5) Articles 21 and 23 of the Charter of Fundamental Rights of the European Union also prohibit any discrimination on grounds of sex and enshrine the right to equal treatment between men and women in all areas, including employment, work and pay.


      (6) Harassment and sexual harassment are contrary to the principle of equal treatment between men and women and constitute discrimination on grounds of sex for the purposes of this Directive. These forms of discrimination occur not only in the workplace, but also in the context of access to employment, vocational training and promotion. They should therefore be prohibited and should be subject to effective, proportionate and dissuasive penalties.

      (7) In this context, employers and those responsible for vocational training should be encouraged to take measures to combat all forms of discrimination on grounds of sex and, in particular, to take preventive measures against harassment and sexual harassment in the workplace and in access to employment, vocational training and promotion, in accordance with national law and practice.

      (8) The principle of equal pay for equal work or work of equal value as laid down by Article 141 of the Treaty and consistently upheld in the case-law of the Court of Justice constitutes an important aspect of the principle of equal treatment between men and women and an essential and indispensable part of the acquis communautaire, including the case-law of the Court concerning sex discrimination. It is therefore appropriate to make further provision for its implementation.


      (11) The Member States, in collaboration with the social partners, should continue to address the problem of the continuing gender-based wage differentials and marked gender segregation on the labour market by means such as flexible working time arrangements which enable both men and women to combine family and work commitments more successfully. This could also include appropriate parental leave arrangements which could be taken up by either parent as well as the provision of accessible and affordable child-care facilities and care for dependent persons.


      (26) In the Resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Council, of 29 June 2000 on the balanced participation of women and men in family and working life , Member States were encouraged to consider examining the scope for their respective legal systems to grant working men an individual and non‐transferable right to paternity leave, while maintaining their rights relating to employment.

      Article 2: Definitions

      1.   For the purposes of this Directive, the following definitions shall apply:

      (a) ‘direct discrimination’: where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation;

      (b) ‘indirect discrimination’: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary;

      (c) ‘harassment’: where unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;

      (d) ‘sexual harassment’: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;

      (e)‘pay’: the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his/her employment from his/her employer;

      (f) ‘occupational social security schemes’: schemes not governed by Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (16) whose purpose is to provide workers, whether employees or self-employed, in an undertaking or group of undertakings, area of economic activity, occupational sector or group of sectors with benefits intended to supplement the benefits provided by statutory social security schemes or to replace them, whether membership of such schemes is compulsory or optional.

      2.   For the purposes of this Directive, discrimination includes:

      (a) harassment and sexual harassment, as well as any less favourable treatment based on a person's rejection of or submission to such conduct;

      (b) instruction to discriminate against persons on grounds of sex;

      (c) any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC.

      CHAPTER 1: Equal pay

      Article 4: Prohibition of discrimination

      For the same work or for work to which equal value is attributed, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated.

      In particular, where a job classification system is used for determining pay, it shall be based on the same criteria for both men and women and so drawn up as to exclude any discrimination on grounds of sex.

      CHAPTER 2 : Equal treatment in occupational social security schemes

      Article 5: Prohibition of discrimination

      Without prejudice to Article 4, there shall be no direct or indirect discrimination on grounds of sex in occupational social security schemes, in particular as regards:

      (a) the scope of such schemes and the conditions of access to them;

      (b) the obligation to contribute and the calculation of contributions;

      (c) the calculation of benefits, including supplementary benefits due in respect of a spouse or dependants, and the conditions governing the duration and retention of entitlement to benefits.

      Article 7: Material scope

      1.   This Chapter applies to:

      (a) occupational social security schemes which provide protection against the following risks:

      (i) sickness,

      (ii)invalidity,

      (iii) old age, including early retirement,

      (iv) industrial accidents and occupational diseases,

      (v) unemployment;

      (b) occupational social security schemes which provide for other social benefits, in cash or in kind, and in particular survivors' benefits and family allowances, if such benefits constitute a consideration paid by the employer to the worker by reason of the latter's employment.

      2.   This Chapter also applies to pension schemes for a particular category of worker such as that of public servants if the benefits payable under the scheme are paid by reason of the employment relationship with the public employer. The fact that such a scheme forms part of a general statutory scheme shall be without prejudice in that respect.

      CHAPTER 3 : Equal treatment as regards access to employment, vocational training and promotion and working conditions

      Article 14: Prohibition of discrimination

      1.   There shall be no direct or indirect discrimination on grounds of sex in the public or private sectors, including public bodies, in relation to:

      (a) conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion;

      (b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;

      (c) employment and working conditions, including dismissals, as well as pay as provided for in Article 141 of the Treaty;

      (d) membership of, and involvement in, an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided for by such organisations.

      2.   Member States may provide, as regards access to employment including the training leading thereto, that a difference of treatment which is based on a characteristic related to sex shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that its objective is legitimate and the requirement is proportionate.

    • Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers

      Preamble

      ‘(46) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (13). This Directive does not harmonise the social security legislation of Member States and does not cover social assistance. It is limited to applying the principle of equal treatment in the field of social security to the persons falling within its scope. This Directive should not confer more rights than those already provided in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
      Due to the temporary nature of the stay of seasonal workers and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council (14), Member States should be able to exclude family benefits and unemployment benefits from equal treatment between seasonal workers and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training, as well as tax benefits.
      This Directive does not provide for family reunification. Furthermore, this Directive does not grant rights in relation to situations which lie outside the scope of Union law such as, for example, situations where family members reside in a third country. That should not, however, affect the right of survivors who derive rights from the seasonal worker to receive survivor’s pensions when residing in a third country. This should be without prejudice to the non-discriminatory application by Member States of national law providing for de minimis rules on contributions to pension systems. Mechanisms should be in place in order to ensure effective social security coverage during the stay and the exporting of acquired rights of the seasonal workers, where applicable.
      (47) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.‘

      (52) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular, Articles 7, 15(3), 17, 27, 28, 31 and 33(2) thereof, in accordance with Article 6 TEU

      Article 23 - Right to equal treatment

      ‘1. Seasonal workers shall be entitled to equal treatment with nationals of the host Member State at least with regard to:
      (a) terms of employment, including the minimum working age, and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
      (b) the right to strike and take industrial action, in accordance with the host Member State’s national law and practice, and freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements, without prejudice to the national provisions on public policy and public security;
      (c) back payments to be made by the employers, concerning any outstanding remuneration to the third-country national;
      (d) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004;
      (e) access to goods and services and the supply of goods and services made available to the public, except housing, without prejudice to the freedom of contract in accordance with Union and national law;
      (f) advice services on seasonal work afforded by employment offices;
      (g) education and vocational training;
      (h) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;
      (i) tax benefits, in so far as the seasonal worker is deemed to be resident for tax purposes in the Member State concerned.
      Seasonal workers moving to a third country, or the survivors of such seasonal workers residing in a third-country deriving rights from the seasonal worker, shall receive statutory pensions based on the seasonal worker’s previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.
      2. Member States may restrict equal treatment:
      (i) under point (d) of the first subparagraph of paragraph 1 by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010;
      (ii) under point (g) of the first subparagraph of paragraph 1 by limiting its application to education and vocational training which is directly linked to the specific employment activity and by excluding study and maintenance grants and loans or other grants and loans;
      (iii) under point (i) of the first subparagraph of paragraph 1 with respect to tax benefits by limiting its application to cases where the registered or usual place of residence of the family members of the seasonal worker for whom he/she claims benefits, lies in the territory of the Member State concerned.
      3. The right to equal treatment provided for in paragraph 1 shall be without prejudice to the right of the Member State to withdraw or to refuse to extend or renew the authorisation for the purpose of seasonal work in accordance with Articles 9 and 15.‘

    3 results found

    • Committee on Economic, Social and Cultural Rights, General comment No. 23 (2016) on the right to just and favourable conditions of work (article 7 of the International Covenant on Economic, Social and Cultural Rights)

      ‘32. Equality in promotion requires the analysis of direct and indirect obstacles to promotion as well as introduction of measures including training and initiatives to reconcile work and family responsibilities, such as affordable day-care services for children and dependent adults. In order to accelerate de facto equality, temporary special measures might be necessary. They should be regularly reviewed and appropriate sanctions applied in case of non-compliance.‘
      ‘34. Rest and leisure, limitation of working hours as well as paid periodic holidays help workers to maintain an appropriate balance between professional, family and personal responsibilities and to avoid work-related stress, accidents and disease. This also promotes the realization of other Covenant rights and therefore, though States parties have flexibility in light of the national context, they are required to set minimum standards that must be respected and cannot be denied or reduced on the basis of economic or productivity arguments. States parties should introduce, maintain and enforce laws, polices and regulations to cover several factors.‘
      ‘44. Legislation should identify other forms of leave, in particular entitlements to maternity, paternity and parental leaves, to leave for family reasons and to paid sick leave. Workers should not be placed on temporary contracts in order to be excluded from such leave entitlements.‘

    • Human Rights Council Resolution 29/22 (2015) - Protection of the family: contribution of the family to the realization of the right to an adequate standard of living for its members, particularly through its role in poverty eradication and achieving su...

      A. Definition of the family
      ‘24. There is no definition of the family under international human rights law. According to the Human Rights Committee, “the concept of family may differ in some respects from State to State, and even from region to region within a State, and that is therefore “not possible to give the concept a standard definition.” Similarly, the Committee on Economic, Social and Cultural Rights has stated that the concept must be understood “in a wide sense” and “in accordance with appropriate local usage.” Other international human rights mechanisms have expressed similar views.
      25. The concept of family may also differ according to the specific rights and responsibilities at stake. For instance, in relation to rights of the child, the concept of the family may include a variety of arrangements that can provide for young children's care, nurturance and development, including the nuclear family, the extended family, and other traditional and modern community-based arrangements, provided these are consistent with the rights and the best interest of children. Likewise, the notion of “family environment” in the Convention on the Rights of the Child may encompass children’s social ties in a wider sense. The Convention on the Protection of the Rights of all Migrant Workers and Members of their Families defines the family as encompassing all relationships that, under applicable law, “produces effects equivalent to marriage” (arts. 4, 44(2)).
      26. States retain a margin of appreciation in defining the concept of family in national legislation, taking into consideration the various legal systems, religions, customs or traditions within the country, including indigenous and minority cultures. However, international standards set forth at least two minimum conditions for the recognition and protection of families at the national level: first, the respect for the principle of equality and non-discrimination, including the equal treatment of women; and second, the effective guarantee of the best interest of the child. Given these parameters, human rights mechanisms have found that some forms of relation, such as polygamy and child marriage are contrary to international human rights standards and should be prohibited.
      27. In addition to the above principles, international mechanisms have called upon States to protect specific forms of family in view of the vulnerability of their members in relations to the enjoyment of human rights. For instance, the international mechanisms have drawn attention to the discrimination suffered by women and children in de facto unions, and have called for the regulation of those unions in domestic law. In similar terms, the Committee on Economic, Social and Cultural Rights has called upon States to provide legal recognition of same-sex couples.‘
      E. Social security
      ‘66. In Argentina, family allowances cover various family situations, such as marriage, birth, or adoption, as well as an annual child allowance is provided to families with children of school age. In addition, a Universal Child Allowance (AUH) is provided to families in certain circumstances, including those in which parents are unemployed, earn a salary equal or minor to the national minimum salary, work in the informal sector, or are domestic or seasonal workers.
      67. In Bosnia and Herzegovina, the main social security instruments of the countries’ territorial entities, the Federation of Bosnia and Herzegovina’s Law on Social Protection, Protection of Civilian War Victims and Families with Children (1999), and the Republika Srpska’s Law on Social Protection (1993), provide maternity allowance during the period of pregnancy and childbirth.
      68. In the Russian Federation, under the provisions of the Federal Law on State Subsidies to Individuals with Children (1995), the State provides one-time allowance for child birth as well as monthly child allowances to single-parent families.
      69. In Sweden, the Parental Leave Act affords both mothers and fathers the right to be on parental leave from work, as well as extended family leave and reduced working hours. Swedish social security grants parents economic compensation for income loss when staying at home with the child. In addition, the Government grants automatic financial support for all children who have residence in the country.‘
      F. Other social protection measures
      ‘70. In Argentina, the Bicentenary Credit Plan Single Family Housing (PROCREAR) includes the concession of mortgages for the construction of repair of family homes. Hungary provides a social housing subsidy to families wishing to buy, build or expand a house. In the Russian Federation, housing programmes target families with special needs, such as young families and large families. Modalities include access to credit, affordable mortgages, and land allotments. In Sweden, housing allowances are granted to families with children living at home, as well as to low-income families.
      71. As part of the National Plan on Food Security, in Argentina the “Pro-Orchard” (Pro-Huerta) programme contributes to improving and diversifying family nutrition. In Colombia, the Network of Food Security (ReSA) supports families with access to food and education on healthy consumption patterns. In addition, the IRACA program supports food security with an ethnically differentiated approach. Mexico implements a variety of programmes in support of disadvantaged families under the Integral Strategy of Social Food Assistance. Likewise, Saudi Arabia implements emergency cash and food programmes as part of wider government efforts to support low income families and families in crisis situations.‘

    • Recommendation No. R(96)5 of the Committee of Ministers to Member States on Reconciling Work and Family Life