Age Discrimination Law in Europe

Front Cover
Nicky ten Bokum, Paul Bartelings
Kluwer Law International, 2009 - Law - 401 pages
0 Reviews
Although the effect of the EC Anti-Discrimination Framework Directive 2000/78 pervades age discrimination law in all Member States, the courts of each country can and do interpret its provisions - especially pertaining to sanctions - in various ways. In addition, claims of discrimination are handled according to national law, and an administrative law system with its own particular procedure is usually present. This very useful book provides a country-by-country overview of anti-discrimination legislation and related jurisprudence in the 27 EU Member States as well as Switzerland, Russia, and Turkey. The reports, written by experienced employment lawyers from each country, offer expert practical guidance and analysis regarding national laws affecting access to employment and vocational training, information and consultation, working conditions, recruitment, dismissal, retirement, and other relevant factors. The emphasis throughout is on the application of the crucial conceptual elements that derive from EC anti-discrimination law - direct adverse treatment, indirect discrimination, and the grounds on which a difference in treatment due to age is permissible. Each report explains in detail how anti-discrimination law operates at the national level, providing lucid guidance to the legal options available under any set of circumstances likely to arise, including the following: differential treatment, including special or minimum conditions; harassment and victimisation; fixed-term contracts; age-based graduation of compensation; employment relationships with an international dimension; affirmative action; special categories of workers; complaints to a competent person or body in the company; complaints to anti-discrimination offices; suits in labour courts; compensation limits; violator's economic position; non-pecuniary damage suffered by the aggrieved party; effects of collective bargaining agreements; and social plans resulting from planned operational changes. Many of the reports pay special attention to the far-reaching implications of such important recent ECJ cases as von Colson and Kamann, Mangold, Palacios de la Villa, and Bartsch. Enormously helpful to all concerned with employment law in one or more countries in Europe, this book will prove especially valuable to legal counsel and human resources professionals in numerous situations that arise in day-to-day business conduct. Law students will also find it extremely useful for its concise but detailed perspective on the varieties of anti-discrimination law across Europe. The Publication of this book has been made possible with the support of the law firms allied with Ernst and Young throughout Europe, Pinsent Masons, Luther, selected independent law firms and the Holland Law School.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Austria
1
Indirect Discrimination
7
Legal Consequences of Discrimination during the Employment Relationship
11
Dismissal
12
Retirement
13
Exceptions
14
Special Categories of Workers
15
The Role of Employee Representatives
17
Retirement
214
Enforcement
215
Luxembourg
217
Direct Discrimination
218
Indirect Discrimination
220
Recruitment
221
During the Life of the Contract
222
Dismissal
224

Belgium
19
Direct Discrimination
22
Indirect Discrimination
24
Victimization
25
Harassment
27
During the Life of the Contract
29
Dismissal
31
Retirement
33
Special Categories of Workers
34
Enforcement
35
The Role of Employees Representatives
37
Bulgaria
39
Direct Discrimination
42
Victimization
43
Harassment
44
During the Life of the Contract
45
Dismissal
46
Retirement
48
Exceptions
49
Special Categories of Workers
50
The Role of Employee Representatives
53
Cyprus
55
Direct Discrimination
56
Indirect Discrimination
58
Victimization
59
Recruitment
60
Dismissal
61
Exceptions
62
The Role of Employee Representatives
63
Czech Republic
65
Direct Discrimination
67
Indirect Discrimination
68
Victimization
69
Recruitment
70
Dismissal
71
Retirement
72
Exceptions
73
Enforcement and Sanction
74
The Role of Employee Representatives
75
Denmark
77
Instruction to Discriminate
78
Victimization
79
The Role of Employee Representatives
85
Indirect Discrimination
91
Special Categories of Workers
97
Finland
103
Dismissal
108
Retirement
109
Exceptions
110
Legal Proceedings
111
The Role of Employee Representatives
113
France
115
Direct Discrimination
116
Indirect Discrimination
117
Harassment
118
During the Life of the Contract
119
Dismissal
120
Exceptions
121
Special Categories of Workers
122
The Role of Employee Representatives
123
Germany
125
Direct Discrimination
126
Indirect Discrimination
128
Harassment
129
During the Life of the Contract
131
Dismissal
132
Retirement
133
Exceptions
135
Enforcement
136
The Role of Employee Representatives
138
Greece
141
Direct Discrimination
144
Harassment
145
Dismissal
146
Retirement
147
Exceptions
149
Special Categories of Workers
150
Enforcement
151
The Role of Employee Representatives
152
Hungary
157
Direct Discrimination
159
Indirect Discrimination
160
Harassment
161
During the Life of the Contract
162
Dismissal
163
Retirement
164
Exceptions
165
Special Categories of Workers
166
The Role of Employee Representatives
169
Ireland
171
Direct Discrimination
173
Indirect Discrimination
174
Harassment
175
During the Life of the Contract
177
Retirement
178
Special Categories of Workers
179
The Role of Employee Representatives
181
Italy
183
Direct Discrimination
185
Indirect Discrimination
186
Harassment
187
During the Life of the Contract
189
Dismissal
191
Retirement
193
Exceptions
195
Special Categories of Workers
196
The Role of Employee Representatives
198
Latvia
199
Direct Discrimination
200
Indirect Discrimination
201
Recruitment
202
During the Life of the Contract
203
Retirement
205
Special Categories of Workers
206
The Role of Employee Representatives
207
Country Specifics
208
Lithuania
209
Direct Discrimination
210
Indirect Discrimination
211
Recruitment
212
During the Life of the Contract
213
Retirement
225
Exceptions
227
The Role of Employee Representatives
230
Malta
233
Direct Discrimination
235
Indirect Discrimination
237
Recruitment
238
Dismissal
239
Exceptions
240
Trade Unions
241
The Netherlands
243
Direct Distinction
245
Indirect Distinction
246
Intimidation
247
During the Life of the Contract
248
Retirement
251
Exceptions
252
Enforcement
253
The Role of the Trade Unions
254
Distinction in Education
256
Poland
257
Direct Discrimination
260
Indirect Discrimination
261
Victimization
262
Recruitment
263
During the Life of the Contract
264
Dismissal
265
Retirement
266
Exceptions
267
Enforcement
268
The Role of Employee Representatives
269
Portugal
271
Direct Discrimination
273
Indirect Discrimination
274
Victimization
275
During the Life of the Contract
276
Dismissal
278
Retirement
280
Exceptions
281
Enforcement
282
The Role of Employee Representatives
283
Romania
285
Direct Discrimination
286
Victimization
287
During the Life of the Contract
289
Retirement
291
Exceptions
292
Special Categories of Workers
293
The Role of Employee Representatives
294
Russia
297
Statutory Provisions
298
Direct Discrimination
299
Indirect Discrimination
300
Harassment
301
During the Life of the Contract
302
Dismissal
303
Retirement
304
Special Categories of Workers
305
The Role of Employee Representatives
307
Slovakia
309
Direct Discrimination
312
Indirect Discrimination
313
Harassment
314
During the Life of the Contract
316
Retirement
319
Exceptions
320
Enforcement
322
The Role of Employee Representatives
324
Slovenia
327
Direct Discrimination
329
Victimization
330
Recruitment
331
During the Life of the Contract
332
Dismissal
334
Retirement
336
Enforcement
337
The Role of Employee Representatives
338
Spain
339
Direct Discrimination
341
Harassment
342
During the Life of the Contract
343
Retirement
344
Exceptions
345
The Role of Employee Representatives
346
Sweden
347
Direct Discrimination
348
Victimization
350
Dismissal
351
Enforcement
352
Switzerland
353
Swiss Federal Acts
354
Other Legal Sources
355
Harassment
356
During the Life of the Contract
357
Retirement
359
Special Categories of Workers
360
The Role of Employees Representatives
361
Employees Representative Body
362
Law Revisions
363
Turkey
365
Direct Discrimination
367
Indirect Discrimination
368
Recruitment
369
Dismissal
370
Retirement
371
Special Categories of Workers
372
Enforcement
373
United Kingdom
375
Direct Discrimination
376
Indirect Discrimination
377
Objective Justification
378
Victimization
379
Instructions to Discriminate
380
Recruitment
381
During the Life of the Contract
382
Dismissal
384
Retirement
385
Exceptions
387
Special Categories of Workers
389
Index
391
Copyright

Common terms and phrases

Bibliographic information