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Vol 23 No 3 March/April 2018

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Equality in Law Between Men and Women in the European Community: Portugal

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ISBN13: 9780792318385
ISBN: 0792318382
Published: May 1995
Publisher: Brill Academic Publishers
Format: Hardback
Price: £100.00

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Equality in law between men and women in the European Community is an integral part of the EC's social policy and crucial to its economic and social cohesion. This encyclopaedia analyzes the legal framework for equal opportunities in Portugal which now exists in the Community due to the adoption of EC Directives on equal treatment, equal pay and social security, and to the work of the European Court of Justice in this area. It looks at how the EC Directives have been implemented and interpreted in each Member State, and at the other legislative and constitutional provisions affecting the principle of equality. All the principal legal provisions are reproduced or translated. Extracts from or digests of national case law are also included. Each volume in the series is structured so that Member States's provisions on equality can be directly compared.

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Preface. Foreword. Abbreviations. Table of legislation, etc. Table of cases. Commentary on Equality of Law.
1: General.
1.1. Introduction.
1.2. Sources.
2: Basic Concepts.
2.1. The concepts of equality and discrimination.
2.2. Direct discrimination.
2.3. Indirect discrimination.
2.4. Victimization.
3: Equal Pay.
3.1. Principle.
3.2. Exceptions.
3.3. Personal scope of principle.
3.4. Activities covered.
3.5. Definition of remuneration.
3.6. Comparator.
3.7. egrees of comparison.
3.8. Equal value.
3.9. Legitimate reason for pay differential.
3.10. Levelling up/down.
4: Equal Treatment.
4.1. Principle.
4.2. Exceptions.
4.3. Territorial scope.
4.4. Personal scope.
4.5. Activities covered.
4.6. Activities covered.
4.7. Hiring.
4.8. Working conditions.
4.9. Exclusion, dismissal or other detriment.
4.10. Instructions to discriminate.
4.11. Pressure to discriminate.
4.12. Discrimination by an employee or a trade union.
4.13. Discriminatory practices.
4.14. Special treatment.
5: Social Security.
5.1. Definition of social security.
5.2. Social security Directives and other legislation.
5.3. Problematic concepts.
5.4. Exceptions.
5.5. Levelling up/down.
5.6. Part-time work.
6: Enforcement of the Principle.
6.1. Court or tribunal procedure.
6.2. Courts and tribunals.
6.3. Enforcement agency.
6.4. Collective agreements. Sources of Equality Law.
7: Legislation.
7.1. Constitutional provisions.
7.2. National laws ratifying international treaties.
7.3. National texts implementing EEC Directives.
7.4. Other national texts.
8: Cases.
8.1. Decisions on the principle of equality.
8.2. Decisions on equal pay.
8.3. Decisions on equal treatment.
8.4. Decisions on equality in social security.
9: Documentation.
9.1. Bibliography.
9.2. Information. Index.