Equal remuneration must be paid for work of equal value (clause 6 (2) 3) of the Gender Equality Act).
The notion of work of equal value doesn’t necessarily mean that two comparable jobs should have exactly the same or similar tasks. Different methods can be used to classify and assess work.
Criteria used for comparing jobs include the qualification criteria indicating suitability for a job, the actual duties, the content of the training required for the performance of work (academic or vocational education, training upon commencement of employment, prior necessary experience, etc.), the effort (physical, mental, emotional) required for the performance of the work, working conditions (pressure arising from deadlines, work in the cold or in high temperatures, etc.), responsibility, risks related to the work, level of performance, etc. The criteria must not be discriminatory.
Clause 6 (2) 3) of the Gender Equality Act
The activities of an employer are also deemed to be discriminatory if the employer treats a person less favourably due to pregnancy, child-birth, parenting, performance of family obligations or other circumstances related to gender (subsection 6 (2) of the Gender Equality Act).
This explanation does not constitute legal aid in a specific case. Therefore, if you feel that you have been treated unequally, but you did not find a solution to your problem in this article, or if you have a question, please contact the Equality Commissioner by e-mail at avaldus@volinik.ee or telephone +372 626 9059. The anonymity of the person is guaranteed when contacting the Commissioner.
