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ANTI-DISCRIMINATION ACT

 

Definitions

Section 2  

 

(3) Direct discrimination shall mean an act, including omission, where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions.

(4) Discrimination on grounds of pregnancy, maternity and paternity and on grounds of sexual identification shall also be considered to be discrimination on grounds of sex. 

 

The principle of equal treatment for men and women in occupational social security schemes

Section 8

 

(2) Men and women must have, in particular

a) equal access to an occupational social security scheme,

b) equal entitlement to the provision of a performance,

c) equal conditions for the origin, duration and retention of entitlement to a performance,

d) equally compulsory or voluntary affiliation to a scheme,

e) equal rules for the provision of a performance, particularly age-limit, duration of employment or period of affiliation to a scheme,

f) equal conditions for the suspension of a performance or acquisition of entitlement to benefits paid during maternity leave or family-related leave,

g) entitlement to an equal scope of performance upon fulfilment of the same conditions,

h) an equal method of calculation of the amount of employer’s or employee’s contributions,

i) an equal method of calculation of the amount of performance including increases due in respect of a spouse or for dependants,

j) equal conditions for the reimbursement of contributions to an employee when the employee leaves the scheme without having fulfilled the conditions guaranteeing a deferred right to long-term benefits,

k) an equal method of fixing retirement age for the purposes of granting a pension from an occupational social security scheme.