Is the gender pay gap legal

EUROPEAN COMMISSION

Brussels, 20 November 2017

COM (2017) 678 final

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

EU Action Plan 2017-2019 for
Addressing the gender pay gap

1. The gender pay gap in the EU

The gender pay gap is stagnating due to ...

Gender equality is one of the fundamental values ​​of the European Union, but it has not yet been realized in working life. Across the economy, women in the EU earn on average over 16% less per hour than men. Little has changed in this gender pay gap in the past five years. If the current pace at which changes are taking place continues, this gap would only close at the beginning of the next millennium. The stagnation of recent years raises questions about the need to strengthen and adapt existing initiatives: Gender inequalities in the labor market have been curbed, but not eliminated

... widespread segregation on the labor market,

There is segregation by industry and occupation: most European workers work with colleagues, the majority of whom are of the same gender as them2, and in industries where women work primarily, pay is often worse than in the branches of the economy in which mainly men work3. Although a number of initiatives have been successful in encouraging women to penetrate male-dominated industries such as science and technology, little has changed overall in the extent of occupational and sectoral segregation.4 In addition, in almost all of them In branches of the economy, men are promoted more frequently to positions with supervisory or managerial tasks, so that at the highest management level only 5% of the members of the executive board are women. This “vertical” segregation is a major contributor to the gender pay gap.5

... stubborn stereotypes that are promoted by inadequate strategies in the area of ​​work-life balance,

Stereotypes about the role of men and women in society persist, and with them prejudices about whether they should work or stay at home. This is one of the causes of the gender pay gap. On average, men spend significantly less time than women looking after children or dependents in need of care, while women are not gainfully employed during this time or gain experience that will be of use to them in the course of their working life.6 Strategies for ensuring work-life balance and private life, if well thought out, can help reduce the gender pay gap. Investing in formal long-term care facilities and adequate family-related leave arrangements that apply to both women and men will help reduce the gender pay gap by reducing the number of career and employment disruptions for women. Flexible working arrangements (including flexible and shortened working hours as well as mobile work) for both women and men should be valued more and not be seen as a cost factor for employers, who often penalize workers who use such arrangements with a wage disadvantage .7

... and from discrimination, favored by a lack of transparency

On average, men are paid better than women in almost all occupations. Discrimination in pay remains widespread: women may be paid less than men for exactly the same job, and jobs that are mostly done by women are paid less than those that are mostly done by men, even then if they are equivalent. In addition, the confidentiality of the amount of remuneration makes it even more difficult to uncover cases of discrimination. Although most people in Europe (69%) are aware that there is a gender pay gap across the economy, workers do not think their own business is affected, while a third of workers do not know how much theirs is Colleagues deserve. Europeans are in favor of more transparency in the workplace: almost two thirds are in favor of publishing the average wages and salaries in the company or organization in which they are employed, broken down by gender and type of job .8th

Almost half of workers are uncomfortable with the idea of ​​negotiating their salary, and the proportion is even higher for women than for men. However, the context also plays a role here: if it is explicitly stated that salaries are a matter of negotiation and that bargaining is consequently considered appropriate behavior, women are generally in no way inferior to men. The organization of work and the design of recruitment and remuneration strategies can have very significant effects: well designed, they can counteract our unconscious prejudice about men and women and prevent double standards and men and women from being remunerated unequally.

The size of the gender pay gap across the economy also depends on the institutions negotiating wage settlements. Cross-industry minimum wages and wage-setting mechanisms can help raise wages in poorly paid sectors, thereby narrowing the gender pay gap

Given the current situation, it is advisable to consider more far-reaching measures at EU level. Such measures would help boost the labor market and growth in the EU, as well as a fairer internal market in employment. This communication sets out an action plan to further tackle the gender pay gap and ensure full application of the principle of equal pay for women and men.

2. Political priorities

Reducing the pay gap between men and women remains an important sub-goal within the framework of the overarching goal of gender equality10 and the achievement of the sustainability goals within the framework of the United Nations' 2030 Agenda. It also helps to strengthen the European base of social rights, in particular Principle 2 on guaranteeing equality between women and men in all areas and Principle 3 on equal opportunities Gothenburg to be proclaimed by Parliament, Council and Commission].

Closing the gender pay gap therefore remains a political priority for the Commission11. The aim of this action plan is to further translate this commitment into a package of concrete key measures.

The action plan is a broad package of coordinated measures designed to tackle the gender pay gap in all possible ways, rather than focusing on just one factor or cause. These measures will complement each other.

The following eight key areas of action were identified:

1- Improve the application of the principle of equal pay

2- Combat segregation by occupation and industry

3- Break through the glass ceiling: initiatives to combat vertical segregation

4- Eliminate childcare-related disadvantage

5- Greater appreciation for the skills, workload and responsibility of women

6- Lift the veil: uncover inequalities and stereotypes

7- Educate and inform about the gender pay gap

8- Promote partnerships to tackle the gender pay gap

In order for the actions to take effect, synergies need to be found between actions taken by key stakeholders at European, national and company level.

Priority 1: Improve the application of the principle of equal pay

The Commission will examine the need for further legislative measures to improve enforcement of the principle and will continue to monitor and enforce existing EU rights.

The principle of equal pay is enshrined in Article 157 of the TFEU. Article 4 of the new version of the Gender Equality Directive (2006/54 / EC) establishes the principle of equal pay and stipulates that direct and indirect gender discrimination in the case of the same work or work that is recognized as being of equal value is prohibited with regard to all remuneration components and conditions.

In 2013 the Commission adopted a report on the application of the recast of the Gender Equality Directive12. The report provides information on the state of implementation of the directive in practice, including the question of equal pay.

In 2014, the Commission adopted a Recommendation on Pay Transparency13, which promotes the more effective application of equal pay legislation through a set of concrete measures14 to improve pay transparency. The recommendation calls on the Member States to select and implement at least one of the above measures, depending on their national circumstances.

Along with this action plan, the Commission adopted a report assessing the transparency recommendation. The report takes stock of the follow-up actions taken by Member States and provides an overview of existing national measures.15 The assessment of the national measures reported by Member States showed that the transparency measures currently in place at national level are insufficient and are in themselves not effective .

Both the report on the application of the recast directive on gender equality and the report on the implementation of the transparency recommendation show the need to develop the current legal framework and improve its enforcement.

In particular, the Commission will:

Evaluate and examine the possibility of targeted changes to the recast of the Gender Equality Directive:

o To what extent it is necessary and possible to make some or all of the measures for wage transparency provided for in the 2013 recommendation binding, including:

- the employees' right to information about wage and salary levels;

- regular reports from employers on wages and salaries, broken down by employee group or position;

- the clarification of the concept of work of equal value;

ohow sanctions can be tightened and the compensation of disadvantaged workers improved, taking into account the need for measures such as the following16:

- Establishing minimum penalties for violations of the principle of equal pay and

- Establishing minimum standards of compensation that would restore the injured party to the status they would have been in if the principle of equal pay had been observed;

o how gender equality can be guaranteed in occupational pension schemes in order to bring the recast of the gender equality directive in line with the case law of the Court of Justice: the directive allows women and men to be treated differently in relation to occupational pensions due to their different statistical life expectancy, what As a result, women receive a lower monthly pension because, on average, they live longer (which in turn contributes to the gender pension gap); such practice was deemed discriminatory by the Court of Justice and was banned in 2014 for public pensions17 and in 2011 for private pensions (insurance contracts) 18;

o how the enforcement function of equality bodies can be strengthened, e.g. B .:

-by ensuring that equality bodies can actually and fully carry out their tasks, in particular in the form of monitoring and enforcing applicable legal provisions;

-by clarifying the requirements resulting from the directive and / or setting horizontal standards for equality bodies in accordance with their monitoring mandate, in particular with regard to their independence, effectiveness and responsibilities19;

· Continue to assess the correct transposition of the Union acquis in the different EU Member States and to monitor the practical application of the principle of equal pay; in the event of non-compliance, the Commission will continue to carry out infringement proceedings against the Member State concerned for failure to comply with its obligations towards the EU;

Adopt a report in 2019 on the national measures taken on the basis of Article 157 (4) TFEU, which provide for specific benefits to facilitate the work of the under-represented sex or to prevent or compensate for disadvantages in their careers can be;

· Continue working with the Equinet Network, the Advisory Committee on Equal Opportunities for Women and Men and the High Level Group on Gender Mainstreaming to strengthen the enforcement of the principle of equal pay in the Member States.

Priority 2: Combat segregation by occupation and economic sector

The Commission will support practices that aim at an early stage in education and at work to eradicate the stereotypes that create differences in employment between women and men in different sectors. The Commission will support the efforts of companies and other employers to ensure equal pay and to attract and retain workers of the underrepresented gender.

Industry segregation is a major contributor to the gender pay gap.

The proportion of men and women is different in the individual economic sectors. In some sectors of the economy, such as construction, manufacturing, transport, science and ICT, women are less represented.20 In contrast, men are represented in key sectors that are important for the future of European society and economy, such as education, care and nursing rarely found in healthcare.

The ICT sector has grown over the past decade and is expected to create more jobs. But only around 16% of the almost 8 million employees in the ICT sector are women. In the technical and natural sciences, this gender-specific discrepancy can also be seen in the younger generation: While women accounted for 46% of all doctorates in the EU in 2014, they only made up 28% of university graduates with a doctorate in engineering, manufacturing and construction , and in computing technology their share was just 21%. In contrast, only 33% of doctorates in the teaching profession were held by men.

If more women could be attracted to the STEM (math, IT, science and technology) sector 21, this would lead to an increase in GDP per capita in the EU of 2.2-3.0% by 2050 contribute. New trends could be built on here, such as girls' interest in programming or women starting up businesses.

Since career and education decisions are made early in life and are all too often irreversible, tackling labor market segregation must begin in schools. PISA data22 shows that gender stereotypes are still widespread and result in differences in self-confidence and in dealing with different areas. There are a number of practices that have proven effective in combating segregation in education and in the labor market. Mutual learning and proof of which procedures actually work are important in this area.

In particular, the Commission will:

· Support transnational projects to combat stereotypes and segregation in education, training and the labor market, with a focus on experimental measures designed to provide well-founded knowledge. Support will be provided under the Rights, Equality and Citizenship Program 2014-2020. It complements the support Member States receive from the ESF and Erasmus +;

Organize a stocktaking conference (in 2018) and a final conference (in 2019) on the results of projects to combat stereotypes and segregation23, in collaboration with key stakeholders, in particular representatives of schools, training providers, universities , public employment services and career advice centers. The conferences are designed to present the most promising experiences to a wide range of stakeholders as well as national governments;

· Initiate regular exchanges of good practice between companies that will help eradicate gender segregation and promote the EU platform of Diversity Charters24;

· Continue to fund grassroots projects that challenge stereotypes, led by education and training actors under Erasmus +;

· Carry out specific initiatives in various fields to address prejudices about the qualifications, skills and roles of women and men, including: will she

- continue to invite companies to join the Grand Coalition for Digital Skills and Jobs25, particularly calling on them to equip more women and girls with digital skills and to encourage them to study or take up a job in ICT; The EU will provide funds to organizations and businesses to continue exchanges of best practice in the areas of gender innovation, diversity and inclusion and balanced leadership;

-Publish a study on women in the digital age in autumn 2017 which will provide an overview of developments in this area and consider appropriate follow-up;

- Provide instruments to promote institutional change that can contribute to equality in professional development in science (such as the GEAR (Gender Equality in Academia and Research) tool developed by the European Institute for Gender Equality), and regularly important ones in the future Follow developments in She Figures, the Commission's main publication in the field;

- also recognize outstanding achievements by women in science in the future as part of the EU prize for innovation achievements by women;

-Establish an EU platform for change to increase the number of women workers and equal opportunities in the transport sector26 and publish a study on economic arguments for greater participation of women in the transport sector in 2018; Once the results of this study are widely disseminated, it will ensure the exchange of good practice and encourage other sectors of the economy to follow suit;

- Support peer learning between Member States on the careers of teachers and school leaders in order to address gender imbalance in teaching27; To this end, a number of technical seminars and links with the social dialogue in education at European level are foreseen under the Education and Training 2020 program28;

- Support the data collection on teacher salaries carried out by Eurydice29 in collaboration with the OECD and encourage Member States to take action to address underpaying in this sector.

Action focus 3: Breaking through the glass ceiling: Fighting vertical segregation

The Commission will support practices aimed at achieving gender balance in decision-making in all sectors and positions.

In every branch of the economy and in every occupation, women have fewer prospects of promotion and leadership roles. As a result, action needs to be taken to achieve a more balanced representation of the sexes in decision-making and to ensure equality between women and men at all levels.30

In particular, the Commission will:

· Work towards the adoption of the Commission proposal to ensure a more balanced representation of women and men among the directors / supervisory boards of listed companies. It sets quantitative targets for the Member States and stresses the importance of management bodies establishing transparent selection criteria for candidates;

The implementation of the diversity concepts with regard to the representation of men and women in the management bodies of the largest listed companies in the EU in connection with Directive 2014/95 / EU amending Directive 2013/34 / EU with regard to the disclosure of non-financial and monitor the diversity of information by certain large companies and groups; Follow up the Commission's guidelines on reporting non-financial information, in particular examining the extent to which the largest companies incorporate gender balance in their diversity policies31;

· Continue to fund projects under the Rights, Equality and Citizenship Program to projects carried out by governments, social partners, business, NGOs and universities to improve the gender balance in leadership positions at all levels32;

· Engage in a dialogue with the social partners to promote measures that contribute to a more balanced participation of women and men in decision-making processes and to stimulate and implement projects aimed at achieving a better balance between the sexes in decision-making positions;

· Call on governments to adopt strategies that include concrete measures to increase the participation of the under-represented sex in decision-making;

· Engage in dialogue with sectoral supervisory authorities to determine measures for gender equality in decision-making;

· Implement the initiative to reconcile work and private life (see Priority Action 4), which promotes a more balanced distribution of care and nursing tasks between women and men and thus encourages women to apply for higher positions.

Priority action 4: Eliminate the disadvantage caused by care

The Commission will support the economic emancipation of women by promoting strategies for reconciling work and private life.

Young women now finish school with better qualifications than young men and still earn 10% less than men in ten Member States before they turn 34.33 This gap widens with age, mainly as a result of the above 34 Women withdraw from the labor market to look after children and / or dependent family members, and if they do not leave the labor market entirely, they often accept positions that require lower qualifications in order to be able to continue to fulfill their family responsibilities after their return to work. Work-life balance strategies are a prerequisite for women's economic emancipation, as a good work-life balance improves women's opportunities in the labor market and removes barriers to access to employment. 35

In the context of the European Pillar of Social Rights, the Commission has adopted an initiative to improve the work-life balance of working parents and family carers; it serves to modernize the current EU legal framework for family leave and flexible working arrangements and to develop a comprehensive policy framework to improve the design of family leave and flexible working arrangements, improve the quality, affordability and accessibility of formal care - and care facilities and the discussion of measures against negative economic incentives for second earners. The aim of this initiative is to combat the underrepresentation of women in the labor market through a better distribution of care and nursing tasks between men and women and thus reduce the risk that women have more difficulties in getting ahead at work; at the same time, stereotypes that prevent employers from hiring and / or promoting women are to be broken down. This practice should have a positive impact on combating vertical gender segregation in the labor market and provide fewer incentives for women to look for work on their own in lower-paid sectors or at levels of activity that are currently believed to be more compatible with Enable work and private life, and which are often paid less (such as general practitioners, teachers or municipal employees).

In particular, the Commission will:

· Strive for the rapid adoption of the directive on the work-life balance for parents and family carers36 by the co-legislators;

· Ensure the swift implementation of the non-legislative measures set out in the Communication37.

Priority 5: Greater appreciation for the skills, workload and responsibility of women

Segregation by occupation and economic sector is widespread, and changes are slow.38 In the short or medium term, measures are also necessary to achieve better wages and salaries in professions in which women predominantly work, and thus in the economic sectors in which women work which predominantly women are employed to recognize existing competencies, stress and responsibility.

In particular, the Commission will:

· Work towards better recognition of skills in all sectors of the economy, including women-dominated sectors, as part of their new skills agenda39. The instruments40 developed within the framework of this agenda (on qualifications, competences and the validation of informal learning) are gender-neutral and will help to make the best possible use of such competences and to improve the transparency of qualifications. Gender issues will be given particular weight in the implementation of the skills agenda. In particular, actions are envisaged to enable key stakeholders to learn from each other how recognition and validation of skills can help promote gender equality41;

· Continue to raise awareness of the importance of gender-neutral job classification systems to ensure equal pay in practice. The Commission will publish and widely disseminate updated guidance on gender neutral job evaluation and job classification systems in 201842.

Priority 6: Lifting the veil: Uncovering inequalities and stereotypes

The Commission will continue to collect and provide relevant data on the existing gender pay gap and its impact on earnings and pensions.

Tackling the gender pay gap requires sufficient knowledge of the problems inherent in the area and their extent to be able to propose appropriate remedial action. The Commission therefore works continuously to provide relevant data on the persistent gender pay gap and its consequences for individuals, the economy and society43 and is committed to disseminating relevant studies44.

In particular, the Commission will:

· Continue to report regularly on the development of the gender pay, income and pension gaps in Europe, within the framework of:

- its annual report on equality between women and men, published on International Women's Day;

- data on the 'adjusted' gender pay gap45 jointly developed by the Commission and Eurostat in 2017 and 2018 and data on the 'unadjusted' gender pay gap produced by the Commission in the framework of the social scoreboard46;

-the Eurobarometer on the gender pay gap and pay transparency, which will be published in autumn 2017;

- an Equal Pay Enforcement Report to be published with this Action Plan;

· Start work on better assessing gender equality in the collaborative economy, as data from Europe and the United States47 show that more women are entering the 'platform economy'. This trend could contribute to widening the gender pay gap. Therefore, a specific module is planned for the annual Eurostat labor force survey;

Include a targeted gender perspective in the report on the adequacy of pensions planned for 2018.

Priority action 7: Educate and inform about the gender pay gap

The Commission will actively participate in awareness-raising activities on the gender pay gap and develop guidelines on the principle of equal pay.

The gender pay gap can only be achieved with the consistent involvement of all parties involved, i. H. by employees, companies and authorities. Information is an essential prerequisite for people who are discriminated against to assert their rights, for companies to adapt their procedures and strategies, and for authorities to take the necessary accompanying measures and / or adopt guidelines.

In particular, the Commission will:

· Draw attention to the gender pay gap and its causes, in particular in the context of European Day for Equal Pay;

· Annually update and disseminate specific information material and country summaries on the gender pay gap;

· Continue to publish the results of projects funded by the EU Progress program; in particular, this concerns eight transnational projects carried out by civil society and the social partners to understand and tackle the gender pay gap, with a focus on specific sectors of the economy. So, inter alia. a “calculator” should be developed to help companies better understand and tackle the gender pay gap (based on Logib);

In 2018, publish and disseminate an updated guide to case law on the principle of equal pay, based on Annex48 to the report on the application of Directive 2006/54 / EC49, which provides an overview of landmark judgments;

Develop and widely disseminate an updated guide to good practice in 2018, which provides an overview of recent action taken by Member States to ensure equal pay in practice50.


·

Priority 8: Promote partnerships to tackle the gender pay gap

The Commission will continue to work with key stakeholders to share best practice, allocate funding and address the implications of the gender pay gap in the context of the European Semester.

The Commission supports Member States, businesses, civil society and the social partners financially and with measures to exchange best practice. The most recent examples are:

· A meeting within the framework of the EU Platform for Diversity Charters, specifically dedicated to gender mainstreaming (June 2016);

An EU seminar with cross-sector partners and social partners from individual sectors (November 2016) and

· A mutual learning seminar discussing good experiences Belgium has had in promoting gender-neutral job placement (October 2016).

In addition, the Commission supports the efforts of the Member States to tackle the gender pay gap within the framework of the European Semester and gives recommendations to the individual Member States on how to deal with this problem or some of its causes, such as a lack of investment in childcare or negative tax incentives, the second earners - mostly women - prevent you from taking up a job or working longer, get a grip.

In 2017, the gender pay gap was addressed in the country reports for nine Member States51. In May 2017, the Commission issued country-specific recommendations that focused on investing in childcare facilities and avoiding negative tax incentives, as well as other measures to bridge the gender pay gap52.

In particular, the Commission will:

· Organize seminars for government officials to encourage mutual learning about the gender pay, income and pension gaps and their causes. The focus will be on specific tools and legal instruments as well as the challenges associated with their practical application;

· Support mutual learning and capacity building among social partners, businesses and other stakeholders to tackle the gender pay gap;

· Provide financial support to Member States willing to reduce the gender pay gap through restricted calls for proposals under the Rights, Equality and Citizenship Program for the period 2014-2020; and

· Continue to follow up the gender pay gap in the context of the European Semester and hold discussions with affected Member States on measures to be taken to address the gender pay gap.

(1) In particular, the data available show that the gender pay gap will continue to widen as more women enter the labor market. See Boll, C., Leppin, J., Rossen, A., Wolf, A., "Magnitude and Impact Factors of the Gender Pay Gap in EU Countries", 2016, Report prepared for and funded by the European Commission, Directorate General Justice and Consumers. In addition, the labor market has generally developed to the detriment of low-income workers. This means that women “swim against the current” and have to assert themselves against unfavorable tendencies. See Blau, F., and Kahn, L., "Swimming Upstream: Trends in the Gender Wage Differential in the 1980s," Journal of Labor Economics, Vol. 15, no. 1, Part 1, January 1997, pp. 1-42.
(2) See Burchell, B., Hardy, V., Rubery, J., and Smith, M., "A new method to understand labor market segregation," 2015 , Report prepared for and funded by the European Commission, Directorate-General for Justice and Consumers: only 18% of women and 15% of men work in occupations with a similar gender distribution (60-40% men and women).
(3) Boll et al., 2016: In all countries, segregation by economic sector contributes to a widening of the gender pay gap. Occupational segregation has quite different effects in the individual countries: In some countries, occupational segregation may even help protect women.
(4) See the index on segregation by occupation and economic sector, which the European Commission publishes annually as part of its report on equality between women and men.
(5) See Boll et al., 2016.
(6) European Commission, An ever closer union among the peoples of Europe? Rising inequalities in the EU and their social, economic and political impacts. Results of EU funded research. DG RTD, Brussels 2015, pp. 54-55.
(7) Goldin, C., "A Grand Gender Convergence: Its Last Chapter," 2014, American Economic Review, 104 (4): 1091-1119.
(8) Eurobarometer 465.
(9) The introduction of the minimum wage in Germany will reduce the gender-specific wage gap by an estimated 2.5 percentage points. Women are also expected to benefit from recent minimum wage increases in some of the countries with the largest gender pay gap (the Czech Republic, Slovakia and the United Kingdom).
(10) One third of the income gap between women and men over the course of working life is due to the gender pay gap. See 2017 Commission report on equality between women and men and Eurostat: http://ec.europa.eu/eurostat/statistics-explained/index.php/Gender_statistics.
(11) Bridging the gender gap is one of the objectives of the Commission's Strategic Engagement on Equality between Women and Men (2016-2019) http://ec.europa.eu/justice/gender-equality/files/documents /151203_strategic_engagement_en.pdf.
(12) Report on the application of 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 treatment for men and women in matters of employment and occupation (recast), COM (2013) 861 final - http://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A52013DC0861&from=DE&lang3=choose&lang2=choose&lang1=DE.
(13) Commission recommendation of 7 March 2014 on strengthening the principle of equal pay for women and men through transparency, COM (2014) 1405 final --http: //ec.europa.eu/justice/gender-equality/files /gender_pay_gap/c_2014_1405_de.pdf.
(14) These include: (i) the ability for workers to request gender-disaggregated information on the level of wages and salaries for the categories of workers doing equal work or work of equal value; ii) regular reports by employers on remuneration structures, broken down by gender, employee group or position (limited to large and medium-sized companies); iii) pay audits in large companies; and iv) discussing the issue of pay equity at the appropriate level of collective bargaining.
(15) COM (2017) 671
(16) The recast of the Gender Equality Directive requires Member States to introduce sanctions that are effective, proportionate and dissuasive. However, the penalties provided for in the national laws of the Member States vary widely, resulting in inconsistent enforcement of the rights granted under the Directive.
(17) In case C-318/13, proceedings at the request of X, of 3 September 2014, the ECJ ruled that a differentiation in benefits on the basis of gender-specific actuarial data for statutory social security pensions in accordance with Directive 79/7 / EEC is not allowed.
(18) In Case C-236/09, Test-Achats, of 1 March 2011, the ECJ invalidated Article 5 (2) of Directive 2004/113 / EC, which allowed the use of gender actuarial factors in insurance contracts . The ruling obliged the member states to prescribe gender-neutral premiums and benefits by December 21, 2012.
(19) As announced in the Evaluation Report of the 2014 Recommendation.
(20) Women make up only 10% of the workforce in construction, 22% of the workforce in transport and 30% in manufacturing (although they represent 46% of the workforce in the economy as a whole).
(21) See EIGE study on reducing the gender gap in math, information technology, science and technology (STEM) - http://eige.europa.eu/gender-mainstreaming/policy-areas/economic-and-financial-affairs / economic-benefits-gender-equality / stem.
(22) The OECD is responsible for the Program for International Students Assessment (PISA), which is a three-year global study to assess the school performance of 15-year-old schoolchildren. Study from 2015.
(23) Action grants to support transnational projects promoting good practice in relation to gender roles and overcoming gender stereotypes in education, training and at work - JUST / 2015 / RGEN / AG / ROLE. See http: // ec .europa.eu / justice / grants1 / calls / 2015_action_grants / just_2015_rgen_ag_role_en.htm.
(24) The EU Platform for Diversity Charters was set up in 2010 and is funded by the European Commission. The platform currently includes 18 Diversity Charters from the following countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Spain and Sweden. See http://ec.europa.eu/justice/discrimination/diversity/charters/index_en.htm.
(25) The Digital Skills and Jobs Coalition brings together Member States, businesses, social partners, non-profit organizations and education providers who are committed to tackling the digital skills shortage in Europe.
(26) From December 2017, stakeholders from all modes of transport will have the opportunity to clearly inform about their concrete actions to promote the employment of women and to exchange best practices.
(27) Strengthening teaching in Europe, New evidence from teachers compiled by Eurydice and CRELL, June 2015 http://ec.europa.eu/ dgs / education_culture / repository / education / library / policy / teaching-profession-practices_en.pdf.
(28) Supporting teachers and school administrators to ensure excellent teaching and education, part of the Commission Communication "A good start in life through school development and excellent teaching" (COM (2017) 248).
(29) http://eacea.ec.europa.eu/education/eurydice/index_en.php
(30) Data from October 2016 shows that just under a quarter of the board members of the largest listed companies registered in EU member states are women (23.9%) Mayor or municipal council presidency at just 15.1% (report on equality between women and men from 2017).
(31) http://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A52017XC0705%2801%29
(32)

Between 2014 and 2016, EUR 5 million was made available for 23 projects on this topic.

(33) Eurostat Structure of Earnings Survey.
(34) Lower wages, a higher part-time density and career gaps due to care and support tasks increase the economic dependence of many women on their partner or the state and contribute significantly to the gender pay gap and the pension gap between men and women. This makes women more vulnerable to poverty and social exclusion, the negative consequences of which also affect their children and families (see Communication from the Commission COM (2017) 252 final, An initiative to promote the work-life balance of working parents and carers) .
(35) Oláh, S., Hobson, B., and Carlson, L., "Changing families and sustainable societies: Policy contexts and diversity over the life course and across generations", (Changing families and sustainable societies: Political context and Diversity in the course of life and across generations), 2017, project “Families and Society” of the 7th FP (GA 320116).
(36) Proposal for a directive on work-life balance for parents and carers and repealing Council Directive 2010/18 / EU, COM (2017) 253 final.
(37) COM (2017) 252.
(38) Recent research confirms that sectoral gender segregation in the labor market in all EU countries is to a large extent responsible for the gender pay gap: women look for work in relatively poorly paid sectors. Sectoral segregation has developed very slowly (2017 Commission report on equality between women and men).
(39) A New European Skills Agenda - Building Human Capital, Employability and Competitiveness Together, COM (2016) 381 final.
(40) Over the past decade, European cooperation has developed and instruments have emerged to promote transparency in the field of competences: i) the European Qualifications Framework, ii) the multilingual European classification of skills, qualifications, competences and occupations ( ESCO), iii) a Council Recommendation on the validation of non-formal and informal learning.
(41) Important stakeholders are national qualification authorities, information, advice and guidance services and authorities responsible for the validation of non-formal and informal learning.
(42) The report of the Commission on the application of Directive 2006/54 / EC (COM (2013) 861 final of December 6, 2013) contains a guideline for systems for gender-neutral job evaluation and job classification (SWD (2013) 512 final of December 6, 2013) December 6, 2013).
(43) See Bettio, F., and Ticci, E., Violence against women and economic independence, 2017.
(44) See, inter alia, the report on wage transparency in Europe published in May 2017 by the European network of legal experts in the field of gender equality and the report "Magnitude and Impact Factors of the Gender Pay Gap in EU Countries" in EU countries), Directorate-General for Justice and Consumers.
(45) The gender pay gap can be explained by a number of factors: segregation, differences in educational level, different experiences, etc. The remaining “unexplainable” part of the gender pay gap is known as the “adjusted” gender pay gap. This division of the gender pay gap into an adjusted and an unadjusted part can provide further insights for policy-makers.
(46) The socio-political scoreboard can be found at the following address: https: //composite-indicators.jrc.ec.europa.eu/social-scoreboard/#.
(47) See Krueger and Katz, "The Rise and Nature of Alternative Work Arrangements in the United States, 1995-2015", 2016. Data from the USA show that women are clearly more likely to use alternative work arrangements increases. Between 2005 and 2015, the proportion of women in employment under an alternative work arrangement increased from 8.3% to 17.0%, which is more than doubled. For men, the increase was significantly less, from 11.6% to14 , 7%. For EU data see also “The situation of workers in the collaborative economy”, in-depth analysis of the European Parliament.
(48) SWD (2013) 512 final of December 6, 2013.
(49) COM (2013) 861 final of December 6, 2013.
(50) Based on SWD (2013) 512 final of December 6, 2013.
(51) DE, EE, IE, ES, IT, AT, PL, RO, SK.
(52) Especially for ΕE.

EUROPEAN COMMISSION

Brussels, 20 November 2017

COM (2017) 678 final

ATTACHMENT

the

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

EU Action Plan 2017-2019 for
Addressing the gender pay gap

ATTACHMENT

EU Action Plan 2017-2019 for

Addressing the gender pay gap

LIST OF THE FOCAL POINTS WITH THE SCHEDULE AND PARTICIPANTS INVOLVED

Priorities for action

Objectives / modalities

Time schedule

Actors involved

Priority 1: Improve the application of the principle of equal pay

1- Examine the possibility of amending the recast of Directive 2006/54 / EC on gender equality

Evidence of the need to develop the current legal framework and improve its enforcement:

• Strengthening the enforcement function of equality bodies

• Stricter sanctions and better compensation for disadvantaged workers

• Ensuring gender equality in company pension systems

• Guarantee of wage transparency

Fall 2018

European Commission

2- Adoption of a report on the measures taken at national level on the basis of Article 157 (4) TFEU, which provide for specific benefits to make it easier for the under-represented sex to work or to prevent or compensate for disadvantages in their careers can

Obligation under Article 31 (2) of the recast of the Gender Equality Directive

2019

European Commission

3- Working with Equinet, the Advisory Committee on Equal Opportunities for Women and Men and the High Level Group on Gender Mainstreaming

Strengthening the enforcement of the principle of equal pay in the Member States

constantly

European Commission

Equinet

National authorities

Priority 2: Combat segregation by occupation and economic sector

4- Support transnational projects to combat stereotypes and segregation

- The Rights, Equality and Citizenship Program (REC) 2014-2020

- IT F

- Erasmus +

2014-2020

European Commission

Member States

5- Organize conferences based on the results of projects to combat stereotypes and segregation

- a stocktaking conference

- a final conference

2018

2019

European Commission

National authorities

Key stakeholders

6- Promote the EU Platform for Diversity Charters and initiate regular exchanges of good practice between companies

- The aim is to eliminate gender segregation

constantly

European Commission

National authorities

Key stakeholders

7- Funding bottom-up projects that challenge stereotypes and that are carried out under the guidance of education and training actors

- Erasmus +

constantly

European Commission

National authorities