Decision of the Curia of Hungary in labour case no. Mfv.I.10.525/2018
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| Titolu tal-istqarrija għall-istampa / sunt | Summary of the decision of the Curia of Hungary in labour case no. Mfv.I.10.525/2018 |
| Numru tal-istqarrija għall-istampa / sunt | - |
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| Numru ECLI | - |
| Numru ELI | - |
| Lingwa oriġinali tad-deċiżjoni | hongrois |
| Data tad-dokument | 17/06/2019 |
| Qorti li hija l-awtur | Kúria (HU) |
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| Suġġett EUROVOC |
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| Dispożizzjoni tad-dritt nazzjonali | - |
| Dispożizzjoni tad-dritt tal-Unjoni ċċitata | |
| Dispożizzjoni tad-dritt internazzjonali | - |
| Deskrizzjoni |
The employee has to plausibly demonstrate that she possesses one or more protected characteristics with regard to which she has been discriminated against, by the employer, compared with her colleague who has been in a comparable situation and she has therefore been given lower wage. Hence, there is no general prohibition on giving different pay for doing the same work, as it is prohibited only if such differentiation is exclusively based on any protected characteristic and is not objectively related to the employment relationship. In the absence of discrimination on grounds of any protected characteristic, the payment of different wages may result from the parties’ free wage bargaining which is based on the principle of freedom of contract. The facts of the case led the Curia to establish that the defendant – pursuant to section 19 of the Anti discrimination Act – had adequately demonstrated that there had been no casual link between the plaintiff’s protected characteristics (gender and age) and the higher wage of her colleague who had been in a comparable situation. If an employee has a greater length of service with more work experience which enables him to perform his duties better, he may be entitled to higher remuneration than his colleagues. In such cases, the principle of equal pay for equal work is not breached. |
