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

• Author: Vesna Simovic-Zvicer
• Pages: 58-59

58

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 relevant surveys.

6.1.2 Other issues related to gender equality and social security

According to the data contained in the Gender Equality Action Plan (2017 -2021),67 most

rural women do not have pension insurance due to lack of earnings or in cash, or because

they work on their own property. Some of these women have never worked and, as such,

do not have pension insuran ce. More than 6 % of women do not have health insurance

because they do not have regular contracts (36.7 %) or their status in the country is not

regulated (63.2 %).

6.1.3 Political and societal debate and pending legislative proposals

There is no current debate or pending legislative proposals.

6.2 Direct and indirect discrimination

According to Article 8(1 ) of the Labour Law, direct discrimination shall include any action

caused by an act, action or fa ilure to act, which places, has pla ced or may place in a less

favourable position a person seeking employment, as well as an employed person, in

relation to another person seeking employment or employed person on one of the grounds

stipulated in Article 7 of this Law.

Indirect discrimination is defined under Article 8(2):

‘Indirect discrimination, pursuant to this Law, exists when a seemingly neutral

provision, criterion or practice brings, has brought or may bring a person seeking

employment or an employed person in a less favourable position in relation to

another person seeking employment or an employed person on one of the grounds

stipulated in Article 7 of this Law, unless this provision, criterion or practice is

objectively an d reas onably justified with a legitimate goal, with the use of m eans

adequate a nd n ecessary for th e a chievement of th e goal, that is, in a reasonably

proportionate relationship with the goal that is to be achieved.’

The new Labour Law also provides for a prohibition of discrimination in relation to

occupational social security schemes in Article 11:

‘Discrimination on grounds of sex shall be prohibited in relation to occupational social

security schemes whose pu rpose is to provide workers, whether employees or self-

employed, in an undertaking or group of undertakings, a rea of economic activity,

occupational sector or group of sectors, with benefits intended t o su pplement the

benefits provided by statutory social security schemes or to replace them, whether

membership of such schemes is compulsory or optional.’

6.3 Personal scope

N/A.

67 Ministry for Human and Minority Rights (2017) Gender Equality Action Plan (2017-2021) with a programme

of implementation for period 2017-2018, available at: http://www.mmp.gov.me/en/library?alphabet=lat.