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Lygybės principo taikymas nustatant darbo užmokestį / The Application of the Principle of Equality while determining the Work PaymentMartuzevičienė, Gintautė 06 June 2005 (has links)
The principle of equality is one of the common principles of law which serves as a foundation for the entire legal system. In order to protect every individual’s right to dignity and economic independence, it is important to apply this principle also when estimating the remuneration.
For this study, the following questions were analysed: What are the premises of the equal pay principle in Lithuania? When do employees have the right to equal pay? What are the circumstances in which the pay disparity is justified? How and why should the issue of occupational segregation be resolved? And how can a more effective application and implementation of this principle be achieved.
Though the equal pay principle is anchored in legal provisions, its substance can only be disclosed by studying case law. Since there are no such practices in Lithuania, the jurisprudence of the European Court of Justice must be taken into consideration. On the other hand, the Office of the Equal Opportunities Ombudsman, established in 1998, partially addresses the lack of such practices with regard to the equal pay principle in Lithuania.
With reference to the case law of the European Court of Justice, it may be concluded that in order to enforce the right to equal pay, it is necessary to put a stop to both direct and indirect forms of discrimination. Particular attention needs to be paid to the remuneration of part-time female workers and employees working in female-dominated economic sectors. Various job... [to full text]
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