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From ILO Standards to EU Law : The Case of Equality between Men and Women at Work.
Title:
From ILO Standards to EU Law : The Case of Equality between Men and Women at Work.
Author:
Landau, Eve C.
ISBN:
9789047440383
Personal Author:
Physical Description:
1 online resource (360 pages)
Contents:
Contents -- Foreword -- Preface -- List of Abbreviations -- Part I - The Role Of Global Organizations -- Chapter 1 The United Nations -- Overview -- The Origins of Equal Rights for Women -- The League of Nations -- The Human Rights Regime of the United Nations -- Declarations and Conventions -- World Conferences and Plans of Action -- Conclusion -- Chapter 2 The ILO -- The Origins -- Structure of the ILO -- Setting Standards -- Monitoring Standards -- Representations and Complaints -- Relevant ILO Conventions -- The 1998 Declaration -- Conclusion -- Part II - The Role of European Organizations -- Chapter 3 The Council of Europe -- The Origins -- Aims of the Council of Europe -- Structure -- The European Convention on Human Rights -- The European Court on Human Rights -- The European Social Charter -- Implementation and Monitoring of the Undertakings -- Complaints Procedure -- The Steering Committee for Equality between Women and Men -- Conclusion -- Chapter 4 The European Union -- Background -- The Scope of European Integration Ratione Personae -- The Scope of European Integration Ratione Materiae -- The Principle of Subsidiarity -- The Unique Legal Character of the EC/EU -- The Van Gend & Loos Case 1963 and the Direct Effect of Community Law -- The Costa v. ENEL Case 1964 and the Supremacy of Community Law -- The Institutions of the EC/EU -- The European Parliament -- The Council -- The European Commission -- The Court Of Justice -- The Legislative Powers of the EC/EU -- Mrs Marshall's Case 1986 -- The Substantive Written Sources of Equality Law -- Primary Norms -- EU Legislation -- Unwritten Sources of Community Law -- Chapter 5 The ILO and the EU - The Interface -- Background -- A Non-Formal Relationship between the ILO and the EU -- 1. The Defrenne Case 1976 -- 2. The Levy Case 1993 -- 3. Commission v. Austria 2004.

4. Convention No. 153 on Hours of Work and Rest Periods (Road Transport) 1979 -- 5. Convention No. 162 concerning Asbestos 1986 -- 6. The ECJ's Opinion 2/91 of 1992, relating to Convention No. 170 concerning Chemicals 1990 -- 7. Preamble of the General Framework Equal Treatment Directive 2000 -- The Present Working Relationship between the ILO and the EU -- Part III - Selected Issues -- Chapter 6 Equal Pay -- Background -- The ILO Standards -- EU Legislation -- EU Case Law -- Actions Brought by the Commission against Member States -- Preliminary Rulings -- The Legal Nature of the Principle of Equal Pay -- What is Pay? -- Part-time Work and Pay -- Are Perks and Other Emoluments in Cash or in Kind 'Pay'? -- What Is 'Equal Work'? -- Does the Principle of Equal Pay Have Exceptions? -- Equal Pay for Work of Higher Value -- Equal Pay for Work of Equal Value -- Actions Brought by Officials of the Community against the Institutions -- Conclusion -- Chapter 7 Equal Treatment -- Background -- ILO Standards -- EU Legislation -- EU Case Law -- Actions Brought by the Commission against States -- Preliminary Rulings -- Access to Jobs -- Access to Vocational Training -- Equal Conditions of Work, Including Dismissal -- Indirect Discrimination -- Conclusion -- Chapter 8 Protective Measures for Women -- Background -- Night Work for Women -- ILO Standards -- EU Legislation -- EU Case Law -- Women's Protection against Substance Poisoning -- ILO Standards -- Women's Underground Work in Mines -- ILO Standards -- EU Legislation -- EU Case Law -- Maximum Weight Limits -- ILO Standards -- Conclusion -- Chapter 9 The Protection of Pregnancy and Maternity and Parental -- Background -- ILO Standards -- ILO Standards on Other Labour Issues -- EU Legislation -- Comparison of ILO and EU Law -- EU Case Law -- Cases Related to Pregnancy -- Access to Jobs -- Dismissal.

Cases Related to Maternity Leave -- Benefits for Fathers -- Conditions of Work -- Promotion -- Parental Leave -- Conclusion -- Chapter 10 Workers with Family Responsibilities and Child Care -- Background -- ILO Standards -- EU Legislation -- EU Case Law -- Conclusion -- Chapter 11 Part-Time Work and Indirect Discrimination -- Background -- ILO Standards -- Definitions -- Exclusions -- An Equitable Basis -- Thresholds -- EU Legislation -- EU Case Law -- Equal Pay -- Access to a Profession -- Exclusion from Certain Grants or from Other Conditions of Work -- Promotion -- Dismissal and Collective Redundancies -- Work on Demand Is Not Part-Time Work -- Conclusion -- Chapter 12 The Burden Of Proof and Indirect Discrimination -- Background -- EU Legislation -- Definitions -- EU Case Law -- Conclusion -- Chapter 13 The Dignity of the Worker: Sexual Harassment -- Background -- The Position of the ILO -- The Position of the EU -- Recommendations and the Code of Conduct -- EU Legislation -- The Charter of Fundamental Rights of the EU -- The 2002 Amendment and Sexual Harassment -- Directive 2006/54/EC (recast) -- EU Case Law -- Conclusion -- Chapter 14 Positive or Affirmative Action -- Background -- ILO Standards -- EU Legislation -- EU Case Law -- Conclusion -- Part IV - New Challenges and the Decent Work Agenda -- Chapter 15 Challenges, Achievements and Trends -- The ILO/EU Parallels -- The Slow Road to Equality between Women and Men in the EU -- The ILO Prescriptions -- The EU Prescriptions -- Trends -- Annex: Select ILO Conventions - Excerpts -- The Equal Remuneration Convention, No. 100, 1951 -- The Discrimination (Employment and Occupation) Convention, No. 111, 1958 -- The Workers with Family Responsibilities Convention, No. 156, 1981 -- The Part-Time Work Convention, No. 175, 1994 -- Annex: Select EU Laws - Excerpts.

EC Treaty, Article 141 (ex Article 119) -- Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women -- Council Directive of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions -- Council Directive of 3 June 1996 on the Framework Agreement on Parental Leave concluded by UNICE, CEEP and the ETUC -- Council Directive of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework Agreement on part-time work -- Directive of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions -- Directive of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) -- The EU Charter of Fundamental Rights OJ (2000) -- Annex: Alphabetical List of Cited Cases of the European Court of Justice -- Annex: Select Bibliography -- ILO Publications -- EU Documentation -- Other Publications -- Index.
Abstract:
The impact of universal ILO standards on equality of men and women at work on European Union directives. European legislation and the case-law of the European Court of Justice are highlighted.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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