- To have, whether a male or female employee, the same conditions of work, fringe benefits and opportunities for training, promotion and transfer as an employee of the opposite sex engaged in the same work who has the same or substantially similar qualifications and is employed in the same or substantially similar circumstances.
- To ask the Employment Authority to decide any question concerning the implementation of equal pay.
- To recover in the Employment Authority as a wage arrears claim, any remuneration over and above the amount fixed in the relevant employment contract, on the ground that it is payable under the Equal Pay Act. Proceedings must be commenced within six years of the amount claimed becoming payable. Claims may be taken by the employee, by an employee representative (including a union) or by a Labour Inspector.
- To have a 12 month period of protected employment after making an equal pay claim, or claiming on behalf of some other employee. During this period an employer dismissing an employee or prejudicially altering his or her position in the organisation commits an offence unless it can be proved that what was done was for some reason unconnected with the equal pay claim.
To make certain rates of pay do not vary according to the sex of the employee. If there is some variation, to remedy the situation by taking into account the following factors:
- The extent to which the work/class of work calls for the same, or substantially similar, degrees of skill, effort and responsibility and is performed under the same or substantially similar conditions as the work performed by male employees) where the work is not exclusively or predominantly performed by females), or
- The rate that would be paid to male employees with the same or substantially similar skills, responsibility and service performing the work under the same or substantially similar conditions, with the same or substantially similar degrees of effort (where the work is exclusively or predominantly performed by females).
Note: Male and female employees must receive the same minimum rate of pay for doing the same work although performance/experience-based differences between individuals are permissible.
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