Discrimination on grounds of sex ― grant of additional "pregnancy pay" under collective agreement HEADNOTES Facts A collective agreement between the Swedish Newspaper Employers' Association and the Swedish Union of Clerical Employees grants a female employee additional "pregnancy pay" while on a parental leave for 4 months. The pregnancy pay is due, however, only if the employee is entitled simultaneously to a parents' allowance according to the 1962 Public Insurance Act. A male employee at Dagens Nyheter, the largest morning paper in Sweden, claimed that he was entitled to pregnancy pay under the collective agreement. The employer, however, rejected the claim. The union brought the dispute to court and claimed that the collective agreement clause violated the 1979 Sex Discrimination Act, or more precisely, that the clause violated the Act to the extent that it provided for pregnancy pay for women employees solely. Decision The Labour Court held that the male employee was entitled to such pregnancy pay. The Court, however, did not declare the collective agreement clause void, but ex- plained instead that the Sex Discrimination Act had a supplementary legal effect upon the agreement the meaning of which was that the pregnancy pay clause henceforth would
International Labour Law Reports Online – Brill
Published: Jan 1, 1985
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