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

AuthorVesna Simovic-Zvicer
Pages58-59
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.

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