Equal pay and gender equality in the EU and Maltese law

Abstract

Equal pay is an issue involving pay inequality between men and women. It is often introduced into domestic politics as an economic problem that needs governmental intervention via regulation. Two questions naturally arise: 1. is there actually a wage gap disparity and, if so; 2. why and how has it arisen or maintained itself? Over time, two points of view have availed themselves: one that links the difference to questions of personal choice, and another that ties the disparity to discrimination. This thesis aims at giving a detailed analysis of the principles of equal pay and gender equality, primarily in the context of an ongoing employment relationship in the sphere of EC anti-discrimination law under directive 75/117/EC. It also examines the progress made in case law by the European Court of Justice, coupled with an examination of the recent Maltese enactments and the extent to which they have managed to implement Directive 75/117. It also explores aspects of law that contribute to reducing pay discrimination and the resultant gender pay gap, in a number of EU countries and Malta by comparing the relevant legislation. The first chapter outlines the development of sex equality in Malta in relation to the other EU member states. It takes a look at the evolution of the EU' s approach to the realization of equal treatment and then examines the development of equal pay both under Article 141 of the EC Treaty and under Directive 75/117 and goes on to explore the principle of equal pay under the provisions of the recent Maltese enactments. The second chapter focuses on EU legislative initiatives as well as the interpretation and recent rulings of the European Court of Justice. It examines in particular the wide scope of Article 141 of the EC Treaty and analyses the application of the equal pay principle to 'equal work or work of equal value'. It also focuses on the prohibition of discrimination on grounds of sex and analysesobjective justification in the context of indirect discrimination and whether direct discrimination can be justified. The third chapter entails a comparative study of the gender pay gap between Malta and a number of EU Member States on the basis of statistical data available at European level with particular emphasis on how parity of pay has been impacted by national legislation as well as how law and legal instruments operate as a means for tackling the pay gap. The final chapter concentrates on the varying means and ways to achieve greater parity in gender pay. It reflects on the several legislative initiatives, which can be taken as a means to improve and enforce equal pay legislation effectively, as well as other initiatives in order to improve and enhance the labour market position of women and to diminish wage differentials.