engleski

Equal Pay without Discrimination based on Sex

The data of the Central Bureau of Statistics show that women’ s work is underpaid in the Republic of Croatia. Thus, the fact that there is no domestic case law on inequality of pay for women and men sounds almost incredible. Is it the result of non-transparency of pay, the fact that inequality of pay is primarily caused by indirect discrimination which is more difficult to prove than direct discrimination or the fact that women workers consider that remedying violations of some other rights is a priority? The author attempts to clarify the complexity of this specific form of gender discrimination: what can be understood by the concept of pay, how it can be established whether work is of equal value, what should be compared in order to establish whether discrimination regarding pay exists and when it is justified. In this respect, in the absence of domestic case law, the answers are sought through the case law of the European Court of Justice which is exceptionally abundant in this area and which deserves credit for the development of EU law in the field of non-discrimination. Furthermore, some amendments to the provisions of the Labour Act are suggested in order to raise the standard of Croatian anti-discrimination employment law. After introductory numerical indicators, causes for inequality of pay for women and men are analysed.

qual pay; equal work; work of equal value; gender discrimination

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