Fact of the day: Bang: the EU has landed and workers all over the continent are scrambling for the sunny shores of Cyprus. Maybe I’m getting a little ahead of myself here, but the general idea is that workers are free to work in any member state within the EU without the fear of discrimination. OK, so it gets a little complicated after May 1, since the right to work depends on a number of issues like diploma recognitions and your country of origin (controls and restraints are in place for workers coming from the new member states of Eastern European to most of the existing member states).
But this does not stop the Commission from regulating workers’ rights at a Union level. We are not talking about Halloumi levels in canteen sandwiches or corridor smoking rights; we are talking about the basic principles established for workers in the EU.
Under EU law, it is illegal to discriminate against workers on the grounds of gender, disability, race, ethnic origin, religion, and for the first time ever, age. When a worker’s rights have been violated, the worker is entitled to seek a legal remedy.
Now, something that should interest many bosses is that the EU has a specific law applying to women who suffered some sort of discrimination. The law makes it easier to get a remedy by shifting the burden of proof from the woman making the case to the employer. In layman’s terms, this means the woman alleging discrimination does not have to prove it. She simply announces the charge, and then it is up to the employer to prove that there was none.
The laws provide that women in the EU should not find it more difficult to get a job than men. Once a woman gets a job, there should be no wage difference for the same work or work of equal value done by a man, applying also to bonuses and other benefits.
An employer cannot give different conditions of work to women. A woman has the right to the same working hours, social security rights, overtime, leave, sick leave, dress codes, work flexibility, training, promotions and termination of employment. Should she work on a part-time basis, she is entitled to the same conditions as a full-timer on a proportional basis.
What about working mothers-to-be? Women are entitled to 14 weeks’ maternity leave, two weeks of which have to be before and/or after the baby’s birth. Women who work nightshifts can change to daytime. If the work is detrimental to herself or her baby, she can go out on special leave until the risk is over. Her employment cannot be terminated on the basis of her condition.
After the baby’s birth, a woman and her partner can take parental leave of at least three months, according to EU law. This has to be taken before the child reaches eight years old and also applies for adoption. Parental leave applies in the public and private sector but whether it’s paid or not depends on the national government.
Disabled people are afforded equal treatment in employment and occupation and have the right to a legal remedy against their employer if they feel they have been discriminated against on the basis of their disability. Since December 2003, EU law covers both direct and indirect discrimination at the workplace.
For the elderly, the EU has launched various initiatives that promote re-training and employability throughout one’s working life. Many workers who are made redundant at a later stage of their lives find it difficult to find re-employment. To tackle this problem, the EU promotes something called ‘active ageing’ which sounds like a bit of an oxymoron and covers the retention, retraining and reintegration of older workers in work organisations.
On sexual harassment, an EU directive coming into force next year will put the onus on employers to prove, in response to an employee’s complaints, that they had taken all possible preventive measures against sexual harassment. Not sure how that’s done but best check with Brussels before taking any rash decisions. Employers will be financially liable for cases of misconduct.
Now, what about cross-dressers? Could I come to work wearing the sarong I picked up in Thailand as a female colleague might? Watch this space…
For more information on Employment and Social Affairs: http://europa.eu.int/pol/socio/index_en.htm
