Employers have a duty to promote equality and equal opportunities
The law on equality between women and men requires employers to promote gender equality and prevent discrimination based on gender identity or gender expression in a targeted and planned way.
Under the Non-Discrimination Act, all employers have a duty to actively promote equality and develop genuinely non-discriminatory working conditions and practices.
Promotion means that the workplace must regularly assess the equality and non-discrimination situation in the workplace and evaluate the needs of the workplace. Are there any conditions or practices in the workplace that prevent equality or non-discrimination from being achieved? This can be done, for example, by using questionnaires. On this basis, the necessary measures will be taken. The effectiveness of the measures will be monitored. In workplaces with at least 30 employees, these measures are recorded in plans. Equality and non-discrimination plans should be drawn up in consultation with staff representatives.
No discrimination in the workplace
In working life, discrimination and harassment are prohibited under the Equality Act on the grounds of sex, gender identity or gender expression and under the Equality Act on the grounds of age, origin, nationality, language, religion, belief, opinion, political activity, trade union activity, family relations, state of health, disability, sexual orientation or other personal grounds.
Equality also means equal value for both sexes: equal pay for equal work and work of equal value, equal career progression, equal opportunities to combine work and parenthood. Equality also includes freedom from sexual harassment and harassment.
Under the Equality Act, employers may not discriminate on the grounds of sex or gender in recruitment, selection for a post or training, remuneration or conditions of employment, management, allocation of tasks or other organisation of working conditions, and dismissal, termination, termination, transfer or lay-off.
Discrimination is also prohibited when it is based on gender identity or gender expression.
Equality plans monitor the implementation of equality in the workplace
In workplaces with 30 or more employees, an equality plan is regularly drawn up in consultation with staff representatives. A plan can be drawn up for a smaller workplace. Gender identity and gender expression must be taken into account when preparing the plan and deciding on measures.
The preparation of an equality plan starts with an inventory of the equality situation in the workplace. The workplace must carry out a survey of the positioning of women and men in different jobs. A survey of job classifications, pay and pay differentials should also be carried out. This is called a pay survey and covers all categories of staff. The survey should also cover staff structure, recruitment, staff training and career development, work organisation and task structure, terms and conditions of employment, working conditions and working environment, and use of family leave.
The mapping exercise will lead to the selection of gender equality targets and objectives and measures to be included in the gender equality plan. The objectives and measures must be concrete, measurable, achievable and monitorable.
The gender equality plan must agree on a timetable, responsible persons and monitoring. The employer is responsible for implementing the equality plan. The employer is also required by law to provide information on the equality plan and its updating.
The plan must be drawn up at least every two years. A pay survey can be agreed locally to be carried out only every three years. From the point of view of employee representation, this should not be agreed. If the employer fails to draw up an equality plan, the equality commission may impose a penalty payment as a means of enforcing the drawing up of the plan.
Employers must promote equal career progression for women and men
Every employer has a duty to promote equality in the workplace and, to this end, must act to ensure that both men and women are recruited for vacant posts. The employer must also promote equal opportunities for men and women in different positions.
An employer is guilty of discrimination if he or she manages work, assigns tasks or otherwise organises working conditions in such a way that the employee is placed at a clear disadvantage compared to a person of the opposite sex. Managing work includes, for example, controlling the use of working time and work, organising work premises, allocating work equipment, developing an employee's tasks and skills.
In recruitment and internal transfers, candidates must be subject to a merit review. The selection criteria established in advance by the employer play a key role in the merit review. The law does not restrict the employer's right to choose the person he considers best for each post. However, the employer may not make an unjustified choice on the basis of sex.
Towards a diverse workplace with an equality plan
Workplaces that regularly employ 30 or more people must have an equality plan. The employee representative must be involved in the plan and help to determine which grounds for discrimination are covered by the plan.
The key elements of equality planning are an assessment of the current situation, the concrete objectives and measures set out in the plan and the monitoring of their implementation. It is a good idea to record the monitoring in the plan. Equality planning and assessment should pay attention to the different grounds of discrimination and the different groups of the population relevant to the workplace.
The plan can be a stand-alone plan or part of another plan (equality plan, health and safety plan, human resources plan or other), depending on the needs of the workplace. The shop steward, the health and safety representative and others involved in the planning process have the right to know what measures the employer has taken to promote equality in the workplace.
There is no specific legal requirement to update the equality plan, but the implementation of the plan must be regularly reviewed and updated as necessary.
Equal pay for equal work
According to the principle of equal pay in the Equality Act, employers must pay equal pay for equal work or work of equal value, regardless of gender. According to the Equality Act, equal pay must be achieved between employees working for the same employer. If the employer has different work or operational units, the employee can also compare his or her pay with that of employees working in another unit.
If there is no accepted justification for the difference in pay, the employer is guilty of discrimination. However, equal pay does not mean equal pay. Acceptable grounds for differential pay include demonstrable differences in the quality and quantity of the staff members' work.
The starting point for assessing whether work is equal or of equal value is the job and the demands it makes on the person performing it. The assessment should be based on the actual tasks performed by the employee, not, for example, on job titles as such or on job descriptions agreed in the contract of employment if these differ from the actual tasks.
There are many ways of assigning equal value to different jobs. A pay system based on the job requirements of a collective agreement is considered to be a commonly agreed and accepted system that indicates the relative order of job requirements. Tasks of the same level of responsibility are considered to be of equal value to each other. It is also possible, in principle, to compare the equivalence of tasks covered by different collective agreements.
Each pay component must be individually non-discriminatory. In addition to the regular monthly or hourly wage, pay includes, inter alia, personal allowances, allowances and bonuses for different working time arrangements, severance pay under collective agreements, severance pay, sick pay, pay for paid training time, credit and purchase benefits or similar benefits in kind. Supplementary pensions may also constitute pay.
The comparator, i.e. the employee to whom the employee compares his/her salary, should normally be of the opposite sex. This means that a woman can compare her salary with a man's salary and vice versa. However, the comparator may be of the same sex if the difference in pay is due to pregnancy, childbirth, parenthood or family responsibilities, for example, if a pregnant woman is placed at a disadvantage compared with a non-pregnant woman. The comparator may be a member of staff who works for the company at the same time or consecutively.
Family leave should not be a barrier to career and salary progression
Employers should facilitate the reconciliation of work and family life through work arrangements. Employees' needs for time off and flexible working hours vary according to their life stages. Arrangements should also facilitate the care of an elderly, sick or disabled relative.
Annual leave arrangements and the use of rotational leave schemes can help reconcile work and family life. Other family-friendly working arrangements can also be agreed at the workplace. These can include reduced and flexible working hours, working time banks and teleworking opportunities. For example, an employer can arrange childcare for a sick child as an alternative to the parent staying at home to look after the sick child.
Family leave can be taken by both fathers and mothers. As a general rule, the right to use family leave is unconditional. Collective agreements provide for the right to paid time off from work in the event of sudden illness in the family; men should also exercise this right.
After family leave, there is a right to return to the job previously held. If no such job is available, other equivalent work must be offered.
The use of family leave must not be an obstacle to career and salary progression. A person returning from leave shall be entitled to any improvement in working conditions to which he or she would have been entitled during his or her absence. If necessary, the person returning from family leave must be familiarised with the changed working methods and tasks.
Do you suspect discrimination?
If you have experienced discrimination at work, ask your employer for an explanation. In the case of recruitment, the employer's report should include information about the selected person's education and work experience. In the same context, the employer should also explain the specific reasons that decided in your favour. In the case of pay discrimination, the employer must explain the reasons for the pay. In the case of family leave or dismissal of a pregnant woman, the employer bears the burden of proof that there is an acceptable reason for dismissal.
If harassment is involved, ask the chaperone to intervene. The report triggers the employer's active duty to take action.
The health and safety representative and the shop steward are there to support you. If the matter remains unresolved, you can contact the union, the regional administrative office, the equality ombudsman or the equality commissioner to clarify the matter.
The matter may be referred to the Equality and Equal Treatment Commission. To get redress, the person who has been wronged must take the matter to court. The action must be brought within two years of the discrimination, or one year in the case of recruitment.
For more information
For an equal working life
Promoting equality and equal opportunities in working life is part of Pro's advocacy work. We aim to promote equal pay by, among other things, supporting equality planning in the workplace and encouraging employers to introduce gender-neutral pay systems. Trade Union Pro is committed to working free from harassment and discrimination. We also support workplaces to draw up their own guidelines. We also train staff and employer representatives on equality and non-discrimination issues. We also help our members with discrimination issues.