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

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

36

6 Occupational social security schemes (Chapter 2 of Directiv e 2006/54)

6.1 General (legal) context

6.1.1 Surveys and reports on the practical difficulties linked to occupational and/or

statutory social security issues

There are no surveys or reports on the p ractical difficulties linked t o occupational and/or

statutory social security issues published in Sweden.

6.1.2 Other issues related to gender equality and social security

There are no other issues to be detected.

6.1.3 Political and societal debate and pending legislative proposals

There are no political or societal debates, nor pending legislative proposals, concerning

occupational social security schemes.

6.2 Direct 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 th e 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 discri mination in working

life. This ban covers all types of employer decisions, among them on pay (or occupational

social securit y schem es) 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.

6.3 Personal scope

As indicated above, there is no express regulation concerning occup ational social security

schemes – the se are c overed by the general b an 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 n o case law.

6.4 Material scope

As indicated above, there is no express regulation concerning occupational social s ecurity

schemes – the se are c overed by the general b an 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.

6.5 Exclusions

As indicated above, there is no express regulation concerning occupational social s ecurity

schemes – the se are c overed by the general b an 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.