ECJ 12 December 2019, case C-450/18 (Instituto Nacional de la Seguridad Social), Gender discrimination, Pension

WA - v – Instituto Nacional de la Seguridad Social (INSS), Spanish case

2019/43 Dismissal after childbirth-related leave (DK)

The Danish Western High Court has ruled that the dismissal of an employee shortly after returning from childbirth-related leave did not constitute discrimination within the meaning of the Danish Act on Equal Treatment of Men and Women.

2019/41 A question of age discrimination (NL)

The Supreme Court found that the Court of Appeal did not properly examine whether the difference of treatment of employees based on a social plan may be justified.

2019/45 Usage of fixed-term employment contracts for professors restricted (LV)

The Constitutional Court of the Republic of Latvia has ruled that provisions of the Law on Higher Education Institutions stipulating that professors and associate professors are elected to the office for a fixed period of time, i.e. for six years, and that only fixed-term employment contracts are to be concluded with them are not compatible with the Constitution of the Republic of Latvia (Latvijas Republikas Satversme) (the ‘Constitution’), which among other things provides that everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. The restriction of this right in this case cannot be regarded as proportionate since the legislator has failed to implement the requirements of the Fixed-term Work Directive 99/70/EC.

2019/41 A question of age discrimination (NL)

The Supreme Court found that the Court of Appeal did not properly examine whether the difference of treatment of employees based on a social plan may be justified.

2019/45 Usage of fixed-term employment contracts for professors restricted (LV)

The Constitutional Court of the Republic of Latvia has ruled that provisions of the Law on Higher Education Institutions stipulating that professors and associate professors are elected to the office for a fixed period of time, i.e. for six years, and that only fixed-term employment contracts are to be concluded with them are not compatible with the Constitution of the Republic of Latvia (Latvijas Republikas Satversme) (the ‘Constitution’), which among other things provides that everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. The restriction of this right in this case cannot be regarded as proportionate since the legislator has failed to implement the requirements of the Fixed-term Work Directive 99/70/EC.

2019/40 Provisions on minimum salary based on work experience constitute age discrimination, even if they are not relevant (BE)

Relying on the prohibition of age discrimination stemming from the Employment Equality Framework Directive 2000/78/EC, the Labour Tribunal of Leuven refused to apply a Collective Labour Agreement establishing the minimum monthly salary for employees depending on their work experience even if the work experience was not relevant and disapplied the Royal Decree enforcing it. The Tribunal based its decision on the fact that this gave a strong advantage to older employees without objective justification.

2019/44 Equal pay principle – New measures to reduce the gender pay gap – the example of Switzerland (CH)

The European Commission recently conducted a public consultation on the measures that may be taken to ensure the full application of the principle of equal pay between women and men. Its evaluation report is expected before the end of this year. The new Swiss legislation on monitoring and disclosure of the gender pay gap may be inspiration for future EU initiatives in this area.

2019/40 Provisions on minimum salary based on work experience constitute age discrimination, even if they are not relevant (BE)

Relying on the prohibition of age discrimination stemming from the Employment Equality Framework Directive 2000/78/EC, the Labour Tribunal of Leuven refused to apply a Collective Labour Agreement establishing the minimum monthly salary for employees depending on their work experience even if the work experience was not relevant and disapplied the Royal Decree enforcing it. The Tribunal based its decision on the fact that this gave a strong advantage to older employees without objective justification.

2019/44 Equal pay principle – New measures to reduce the gender pay gap – the example of Switzerland (CH)

The European Commission recently conducted a public consultation on the measures that may be taken to ensure the full application of the principle of equal pay between women and men. Its evaluation report is expected before the end of this year. The new Swiss legislation on monitoring and disclosure of the gender pay gap may be inspiration for future EU initiatives in this area.