NETH.1 THE NETHERLANDS

NETH.1 THE NETHERLANDS Indirect discrimination - objective justification ― economic necessity - type of contract HEADNOTES Facts Ms. Bouma entered the service of the national airline, KLM, on 11 June 1973 under a contract for a fixed period of five years. The contract was subsequently extended and ultimately replaced by a contract for an indefinite period. From 1 June 1977, Ms. Bouma served as a stewardess, from 5 December 1985 as a purser and from 18 April 1987 as a purser on jumbo jets (B747 and DC 10). As from 1 January 1977 two different pay scales for cabin crews were in force. The first (scale 2a) applied to male personnel who were in service by 1962 on con- tracts for an indefinite period. Scale 2b applied to the rest of the cabin staff. Pay under scale 2a was higher than that under scale 2b. The cabin staff who entered KLM's service before 1 January 1977 but later than 1962 consisted exclusively of women. All of them were initially employed on five-year contracts, with the possi- bility of contracts of indefinite duration after the expiry of the five years. Ms. Bouma was remunerated on scale 2b. A certain Van Beek was http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Martinus Nijhoff
Copyright
Copyright 1991 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/221160292X00078
Publisher site
See Article on Publisher Site

Abstract

Indirect discrimination - objective justification ― economic necessity - type of contract HEADNOTES Facts Ms. Bouma entered the service of the national airline, KLM, on 11 June 1973 under a contract for a fixed period of five years. The contract was subsequently extended and ultimately replaced by a contract for an indefinite period. From 1 June 1977, Ms. Bouma served as a stewardess, from 5 December 1985 as a purser and from 18 April 1987 as a purser on jumbo jets (B747 and DC 10). As from 1 January 1977 two different pay scales for cabin crews were in force. The first (scale 2a) applied to male personnel who were in service by 1962 on con- tracts for an indefinite period. Scale 2b applied to the rest of the cabin staff. Pay under scale 2a was higher than that under scale 2b. The cabin staff who entered KLM's service before 1 January 1977 but later than 1962 consisted exclusively of women. All of them were initially employed on five-year contracts, with the possi- bility of contracts of indefinite duration after the expiry of the five years. Ms. Bouma was remunerated on scale 2b. A certain Van Beek was

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1991

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