Equal pay and equal treatment at work (Article 157 of the Treaty on the Functioning of the European Union (TFEU) and Recast Directive 2006/54)

• Author: Pavlou, Vera
• Pages: 16-19

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4 Equal pay and equal treatment at work (Article 157 of the Treaty on the

Functioning of the European Union (TFEU) and Recast D irective 2006/54)

4.1 General (legal) context

4.1.1 Surveys on the gender pay gap and the difficulties of realising equal pay

In February 2019, the Ministry of Labour, the equality body and the Committee on Gender

Equality in Employment and Vocational Training organised a forum on equal pay at which

surveys and statistics concerning the gender pay gap were presented. The gender pay gap

is currently 13.9 %. The convenors of the forum pointed out that even though the right to

equal pay is now enshrined in legislation, there is gender bias in perceptions of the abilities

and roles of men and women, which accounts for the persistently high gender pay gap.

Participants als o highlighted the underrepresentation of w omen in company boards and

other high-pay positions, which also contributes to the gender pay gap .17

4.1.2 Surveys on the difficulties of realising equal treatment at work

Much of the public debate on gender equality has focused on the gender pay gap and

harassment at work without much emphasis on other broader issues.

4.1.3 Other issues

In Cyprus, women shoulder most of the unpaid domestic and care work within the

household, which often hinders their participation in the labour market, including their

promotion to senior positions with higher pay.18 The concentration of women in low-p ay

sectors and occupational segregation are also factors contributing to the gende r pay gap.

4.1.4 Political and societal debate and pending legislative proposals

There are no pending legislative proposals.

4.2 Equal pay

4.2.1 Implementation in national law

The principle of equal pay for equal work or work of equal value is incorporated in national

legislation by Law 177(I)/2002, which transposes the relevant equal pay provisions of the

recast directive. Article 5(1) provides that any sex discrimination concerning all aspects

and conditions of pay for equal work or work of equal value is prohibited.

4.2.2 Definition in national law

Law 177(I)/2002 on equal pay betwe en men and women for equal work or work of equal

value defines ‘pay’ as t he ordinary b asic or mi nimum remuneration and all contributions

paid directly or indirectly by the employer to the employee on the basis of an employment

relationship (Article 2). The national definition is a direct translation of the EU law definition

of pay under Article 157(2) TFEU.

17 Economy Today (2019), ‘Cypriot women are paid 13.9% less than men’, 07/02/2019.

https://economytoday.sigmalive.com/oikonomia/kypros/6523_oi-kypries-ergazomenes-plironontai-139-

ligotero-apo-toys-antres (07/06/2019); Philenews, ‘Only three complaints in three years despite the gender

pay gap’ 07/02/2019 http://www.philenews.com/oikonomia/kypros/article/652315/mono-3-katangelies-se-

16-chronia-para-to-chasma-amoibon (07/06/2019).

18 Pilavaki, A. (Committee on Gender Equality in Employment and Vocational Training) (2010), ‘The gender

dimension of the labour market in Cyprus and in Europe’, (      

   ) November 2010.