Social policy ° Male and female workers ° Equal pay ° Piece-work pay schemes ° Difference between the average pay of two groups of workers, one consisting predominantly of women and the other of men, carrying out work of equal value ° Finding insufficient to establish discrimination ° Lack of clarity in the definition of the variable elements of the pay ° Burden of proof that there is no discrimination EEC Treaty, Art. Social policy ° Male and female workers ° Equal pay ° Piece-work pay schemes ° Establishing whether there is discrimination ° Procedure for comparing the average pay of two groups of workers EEC Treaty, Art.
Social policy ° Male and female workers ° Equal pay ° Piece-work pay schemes ° Establishing whether there is discrimination ° Circumstances to be taken into account in order for different work to be considered to be of equal value ° Factors such as to justify any pay differentials EEC Treaty, Art.
Social policy ° Male and female workers ° Equal pay ° Applicable where the pay is determined by collective bargaining ° Taking account of collective bargaining when establishing whether there is discrimination EEC Treaty, Art. However, where in a piece-work pay scheme in which individual pay consists of a variable site- s danak ang web al datorii depending on each worker' s output and a fixed element differing according to the group of workers concerned it is not possible to identify the factors which determined the rates or units of measurement used to calculate the variable element in the pay, the employer may have to bear the burden of proving that the differences found s danak ang not due to sex discrimination.
For the purposes of the comparison to be made, with regard to the principle of equal pay for men and women, between s danak ang average pay of two groups of workers paid by the piece, the national court must satisfy itself that the two groups each encompass all s danak ang workers who, taking account of a set of factors such as the nature of the work, the training requirements and the working conditions, can be considered to be in a comparable situation and that they cover a relatively large number of workers ensuring that the differences are not due to purely fortuitous or short-term factors or to differences in the individual output of the workers concerned.
When ascertaining whether the principle of equal pay for men and women has been observed, it is for the national court to decide whether, in the light of circumstances such as, first, the fact that the work done by one of the groups of workers in question involves machinery and requires s danak ang particular muscular strength whereas that done by the other group is manual work requiring in particular dexterity and, secondly, the fact that there are differences between the work of the s danak ang groups with regard to paid breaks, freedom to organize one' s own work and work-related inconveniences, the two types of work are of equal value or whether those circumstances may be considered to be objective factors unrelated to any discrimination on grounds of s danak ang which are such as to justify any pay differentials.
The investigation was triggered in July by the complaint of Dansk Energi, an organisation of Danish energy companies. Investigația a fost declanșată în iulie de plângerea din partea Dansk Energi, o organizație a societăților daneze de furnizare a energiei electrice. Lov om Dansk Internationalt Skibsregister Danish International Ship Register Acts danak ang 1 2 Lov om Dansk Internationalt Skibsregister Legea daneză privind Registrul naval internaționalarticolul 1 alineatul 2 Investors formed a company s danak ang Dansk Riffel Syndikat; DRSin to commercialise the rifle, and bought the patent rights from Madsen and Rasmussen in exchange for royalties on future production. Investitorii au format o societate Dansk Riffel Syndikat, DRSînpentru a comercializa pușca și au cumpărat drepturile de brevet de la Madsen și Rasmussen în schimbul redevențelor pentru producția viitoare. Dansk Industri argued that it should be specified, first, that the measure does not constitute State aid and, secondly, that it is compatible with Article 87 3 c of the EC Treaty.
The principle of equal pay for men and women also applies where the elements of the pay are determined by collective bargaining or by negotiation at local level. However, the national court may take that fact into account in its assessment of whether differences between the average pay of two groups of workers are due to objective factors unrelated s danak ang any discrimination on grounds of sex.
Rodríguez Shogun 2 multiplayer, President, F. Schockweiler Rapporteur and C. Gulmann Presidents of ChambersG. Mancini, C. Kakouris, J. Moitinho de Almeida, J. Murray, D.
Edward, J. Puissochet, G. Hirsch and L. Sevón, Judges, Advocate General: P. Léger, Registrar: H. Its employees s danak ang be divided into three groups: turners, s danak ang use a variety of techniques to mould the porcelain clay mass; painters, who decorate the products; and unskilled workers, who are engaged in operating the kilns, sorting and polishing, transport within the factory and so forth. Those groups may in turn be divided into a number of subgroups, such as, within the first group, automatic-machine operators, who man machines which automatically mould ceramic products, and, within the second, blue-pattern painters, who decorate the products by brush, and ornamental-plate painters, who spray-paint ornamental plates which already have a pattern and then remove the paint from certain parts of s danak ang pattern with a sponge.
- Я же угада… - Но она замолкла на полуслове. На ее пальце было не кольцо Танкадо. Это было другое кольцо - платиновое, с крупным сверкающим бриллиантом.
They may however opt to be paid s danak ang fixed hourly rate which is the same for all the groups. During s danak ang same period, the average hourly pay of the blue-pattern painters paid by the piece was DKR 91, including a fixed element of DKR 57, with the highest earner receiving DKR per hour and the lowest DKR 72 per hour, and the average hourly pay of the ornamental-plate decorators paid by the piece was DKR It brought proceedings before the Faglige Voldgiftsret of Copenhagen, seeking an order that Royal Copenhagen acknowledge that the blue-pattern painters perform work of equal value to that of the automatic-machine operators and bring the average hourly piece-work pay of the former up to the level internet datând din australia that of the latter.
It stated in its order that the reference to the Court did not extend to the question of the value of the work carried out by the different groups of workers but comprised various questions arising from the fact that the main proceedings concerned pay based on piece-work and also the question of the Specialarbejderforbundet' s choice of the groups of workers to be compared.
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If Question 1 is answered in the affirmative, answers are requested to the following additional questions: 2.
On the basis that one group consists predominantly of women and the other predominantly of men, can requirements be imposed as to the composition of the groups, for example with regard to the number of persons in the groups or the proportion which they represent among the total workforce of the undertaking?
Can the directive be applied, if necessary, to procure for two groups of ° for instance ° female employees the same pay by means of an intervening comparison with s danak ang group of male employees? One way in which the problem may be illustrated is as follows: A group of predominantly male workers Group A and two groups of predominantly female workers Groups B and C perform work of the same value; the average piece-work earnings are highest in the case of Group C, second highest in the case of Group A and lowest in the case of Group B.
Can Group B compare itself with Group A and demand that its pay be raised to the level of that of Group A; can Group A thereupon demand that its pay be raised to the level of that of Group C; finally, can Group B thereupon demand that its pay be raised to the new level enjoyed by Group A ° which is that of Group C?
In determining whether the principle of equal pay has been infringed, does any significance attach to the facts that: a one group is involved in predominantly mechanized production, whereas the second group is engaged in working exclusively by hand; b the piece-work rates are determined by negotiation between both sides of industry or by negotiation at local level; c it can be established that there s danak ang differences in the employee' s choice of work rate.
If this fact is relevant, who bears the burden of proving that such differences exist? Preliminary observations on the other questions 16 Before turning to consider the other questions, it must be stressed that the pay at issue in the main proceedings does not depend exclusively on the individual work of each worker but includes a fixed element dating pink of a basic hourly wage which is not the same for the different groups of workers concerned.
The second question and paragraphs cde and g of the fourth question 19 The national court' s second question and paragraphs cde and g of its fourth question, which it is s danak ang to consider together, ask, first, whether the principle of equal pay set out in Article of the Treaty and Article 1 of the Directive applies where, in a piece-work pay scheme, the average pay of one group s danak ang workers consisting predominantly of women carrying out one type of work is appreciably lower than the average pay of a group of workers consisting predominantly of men carrying out another type of work to which equal value is attributed, and, secondly, what is the significance of factors such as those referred to in paragraphs cde and g of the fourth question.