Occupational social security schemes (Chapter 2 of Directive 2006/54)

AuthorJenny Julen Votinius
Pages36-37
36
6Occupational social security schemes (Chapter 2 of Directive 2006/54)
6.1General (legal) context
6.1.1Surveys and reports on the practical difficulties linked to occupational and/or
statutory social security issues
There are no surveys or reports on the practical difficulties linked to occupational and/or
statutory social security issues published in Sweden.
6.1.2Other issues related to gender equality and social security
There are no other issues to be detected.
6.1.3Political and societal debate and pending legislative proposals
There are no political or societal debates, nor pending legislative proposals, concerning
occupational social security schemes.
6.2Direct and indirect discrimination
Occupational social security schemes are in parallel with the case law of the CJEU
regarded as pay and are thus covered by the ban on (among other grounds) gender
discrimination in the (2008:587) Discrimination Act (DA). This follows from Chapter 2
Section 1 of the DA, i.e. the general prohibition on all forms of discrimination in working
life. This ban covers all types of employer decisions, among them on pay (or occupational
social security schemes) being especially mentioned. A ‘tacit’ and thus not very
transparent way of regulating! The main problem is that it may be difficult for non-lawyers
(employers as well as employees) to immediately grasp the scope of the provision.
6.3Personal scope
As indicated above, there is no express regulation concerning occupational social security
schemes these are covered by the general ban on sex discrimination in working life in
accordance with the case law of the CJEU. Typically speaking, this should cover the
personal scope required by Article 6 in the Recast Directive. There is no case law.
6.4Material scope
As indicated above, there is no express regulation concerning occupational social security
schemes these are covered by the general ban on sex discrimination in working life in
accordance with the case law of the CJEU. Typically speaking, this should cover the
personal scope required by Article 7 of the Recast Directive. There is no case law.
6.5Exclusions
As indicated above, there is no express regulation concerning occupational social security
schemes these are covered by the general ban on sex discrimination in working life in
accordance with the case law of the CJEU. The indirect effect of this is that situations such
as the ones mentioned in Article 8.1.a and b are not covered despite there being an
express exception.

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