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

AuthorDavulis, Tomas
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
No surveys and/or reports that provide insights into difficulties that workers face in
practice in relation to work-life balance have been published in Lithuania over the last five
6.1.2 Other issues related to gender equality and social security
No other issues related to gender equality and social security can be identified so far.
6.1.3 Political and societal debate and pending legislative proposals
There are no political and societal debate or pending legislative proposals with regard to
changes in the occupational social security scheme because of th e insi gnificance of the
schemes for Lithuanian employees. In addition, there is also lack of knowledge and
experience about possible gender related inequalities with regard to pension schemes in
6.2 Direct and indirect discrimination
Pursuant to Article 9(1) of the EOAWM, it shall be prohibited to discriminate against
persons on grounds of sex when establishing and applying social security p rovisions,
including those that amend or supplement the state so cial insurance system:
1) when establishing possibilities for participation and usage;
2) when establishing contributions and their amount;
3) when establishing benefits, including additional benefits, for spouses and dependent
persons, as well as whe n establishing the duration of the right to benefit s and their
Discrimination is defined by the Article 2(1) of the EOAWM and encompasses both direct
and indirect discrimination.
Discrimination shall be prohibited when establishing and applying social security provisions
in regard to sickness, disabilit y, old age, early r etirement, accidents at work and
occupational diseases or unemployment, and social security provisions that provide for
any type of social benefits, including survivor’s and orphan’s pensions, benefits and
material allowances.
6.3 Personal scope
Article 9(3) of the EOA WM provides that the prohibition of discrimination on grounds of
sex shall apply for employed persons including self -employed persons, persons who have
terminated their employment due to sickness, maternity, accident or involuntary
unemployment, as well as jobseekers, pensioners, disabled em ployees and persons who
are entitled to demand benefits on their behalf.
This means that public servants and other categories of state employees who are covered
by the system of state pensions (officials an d military personnel, academics and judges)
are clearly covered by the principle of non-discrimination to this extent. The same is true
for self-employed persons, who are not yet mentioned elsewhere in eq uality legislation.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT