European legal regulation of the remuneration of women and men Abstract This thesis focuses on the legal regulation of the principle of equal pay in European law. Despite the fact that the priciples of equality of men and women are anchored in the international, regional and national laws, the actual fulfulment of the principle of equal pay in the European countries is not satisfactory. This thesis is trying to provide a systematic overview of the relevant legal regulation of the principle of equal pay on the international and European level. Within the respective legal systems, this thesis focuses on the particularity of the regulation, on the existence of controll and enforcing mechanism and on the actual aplication of the principle of equal pay through these mechanisms. The thesis is divided into four chapters. The first chapter defines the concepts essential for this thesis. In particular, it contains definitions of concepts of equality and discrimination. Furthermore, the concepts of sex, gender and diferences in remuneration are defined. The second chapter focuses on the legal regulation of equal pay as adopted by the UN. It analyses the Convention on the Elimination of all Forms of Discrimination against Women and the relevant treaties of the International labour organisation, including the overview...

The legislation relating to equal remuneration claims is an area of law which is nuanced and consequently poorly understood. It has posed an unattainable mountain for many claimants who came before the South African courts. This is as a direct result of the lack of an adequate legal framework providing for same in the Employment Equity Act 55 of 1998. The case law recognises two causes of action relating to equal remuneration. The first cause of action is equal remuneration for the same/similar work. The second is equal remuneration for work of equal value. The former is easily understood by both claimants and courts but the latter is poorly understood and poses many difficulties. The aim of this dissertation is fourfold. Firstly, the problems and criticisms regarding equal remuneration claims will be briefly highlighted. Secondly, a comprehensive analysis of the current legal framework will be set out together with the inadequacies. Thirdly, an analysis of international law and the law of the United Kingdom relating to equal remuneration claims will be undertaken. Fourthly, this dissertation will conclude by proposing recommendations to rectify the inadequacies. / Mercantile Law / LL.M. (Labour law)

This thesis is a case study of the implementation of Ontario's 1987 pay equity legislation. Ontario's pay equity legislation was very progressive and was aimed at eliminating the portion of the wage gap between men and women caused by discrimination. The legislation mandated both public and private sector employers with more than 10 employees to create pay equity plans to eliminate the discriminatory portion of the wage gap. The legislation has met with some success. However, measuring the progress of eliminating wage discrimination is difficult because the Ontario government was unwilling to impose a coercive implementation regime. Consequently, the government has little information to measure either employer compliance or the results of employer pay equity plans. Employers have few incentives to comply with the legislation and the implementing agency has insufficient financial resources to monitor compliance. Clearly this implementation regime was a delicate political balancing of the interests of business and labour and women.

The legislation relating to equal remuneration claims is an area of law which is nuanced and consequently poorly understood. It has posed an unattainable mountain for many claimants who came before the South African courts. This is as a direct result of the lack of an adequate legal framework providing for same in the Employment Equity Act 55 of 1998. The case law recognises two causes of action relating to equal remuneration. The first cause of action is equal remuneration for the same/similar work. The second is equal remuneration for work of equal value. The former is easily understood by both claimants and courts but the latter is poorly understood and poses many difficulties. The aim of this dissertation is fourfold. Firstly, the problems and criticisms regarding equal remuneration claims will be briefly highlighted. Secondly, a comprehensive analysis of the current legal framework will be set out together with the inadequacies. Thirdly, an analysis of international law and the law of the United Kingdom relating to equal remuneration claims will be undertaken. Fourthly, this dissertation will conclude by proposing recommendations to rectify the inadequacies. / Mercantile Law / LL.M. (Labour law)

This thesis is a case study of the implementation of Ontario's 1987 pay equity legislation. Ontario's pay equity legislation was very progressive and was aimed at eliminating the portion of the wage gap between men and women caused by discrimination. The legislation mandated both public and private sector employers with more than 10 employees to create pay equity plans to eliminate the discriminatory portion of the wage gap. The legislation has met with some success. However, measuring the progress of eliminating wage discrimination is difficult because the Ontario government was unwilling to impose a coercive implementation regime. Consequently, the government has little information to measure either employer compliance or the results of employer pay equity plans. Employers have few incentives to comply with the legislation and the implementing agency has insufficient financial resources to monitor compliance. Clearly this implementation regime was a delicate political balancing of the interests of business and labour and women. / Arts, Faculty of / Political Science, Department of / Graduate