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

• Author: Jenny Julen Votinius
• Pages: 36-37

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.