La conciliación de la vida laboral y familiar en la Unión Europeaespecial referencia a la propuesta de directiva sobre igualdad retributiva

Abstract

The article takes as its starting point the evolution of European Union legislation on the work life balance. It then goes on to outline the different stages of European legislative concern aimed at developing an effective and balanced exercise of this right. The regulatory developments have led to the current situation, with the proposal for a Directive on reconciliation of work and family life [Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the work life balance and family life of parents and carers, and repealing Council Directive 2010/18/EU, COM/2017/0253 final - 2017/085 (COD)], marked by the trend on which the right to reconciliation of work and family life at EU level is to be based, on the one hand, health and safety, and on the other hand, the need for an agreement between the social partners. However, it is important to note the content 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 equal treatment of men and women in matters of employment and occupation, which recasts the rules on equal treatment between men and women, as it highlights the legal basis on which the Community measures aimed at guaranteeing the application of the principle of equal pay are articulated. The text contains more than ten provisions referring to the principle of equal pay for equal work or work of equal value, as laid down in Article 141 of the Treaty and repeatedly upheld in the case law of the European Court of Justice. Despite this legislative framework, the European Parliament has repeatedly called for the European Union to step up its action to improve the implementation of equality provisions. In this regard, it has called for measures both from the Member States and the Commission, requesting the development of concrete provisions to increase pay transparency. In this context, and in view of the inadequate application of the right to equal pay, not only in practice, but also in the lack of pay transparency tolerated by some Member States, the European Parliament and Council Directive reinforcing the application of the principle of equal pay for equal work or work of equal value for men and women through pay transparency measures and mechanisms for its effective enforcement is proposed. The study focuses on the analysis of the proposed Directive and on the measures that are envisaged to ensure the application of the principle of “equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value”. It examines the implementation of pay transparency within organisations, the concepts of “retribution” and “equal work or work of equal value”, and mechanisms to prevent and avoid retribution discrimination based on sex. We conclude by affirming the difficulties of detecting indirect retribution discrimination. All in all, the content of the Proposal for a Directive to integrate and apply the principle of transparency and equal retribution in the European Union is welcome.