A Labour Perspective On The Quest For Gender Equality In The European Union

Author: LawSphereX

Category: Labour & Employment

Published: 2026-08-23T17:19:03.537318+00:00

Updated: 2026-08-26T17:12:37.325+00:00

A LABOUR PERSPECTIVE ON THE QUEST FOR GENDER

EQUALITY IN THE EUROPEAN UNION

Adriana Roland de Souza Ribeiro, University of Debrecen, Marton Géza Doctoral School of Legal Studies

ABSTRACT

This essay investigates the role of labour law in achieving gender equity within the European Union (EU). From the EU's connection to employment and the socio-economic implications of the world of work and beyond, this investigation evaluates what the EU has attempted to implement to address inequities such as gendered wage gaps, gendered employment segregation, underemployment of women in professional and political spheres, and gendered expectations of unpaid caregiving. From the Work-Life Balance Directive to gender-neutral endeavours that apply to specific spaces and results, the mere fact that such policies could even be formally proposed speaks to a precedent consideration of adult, gendered, feminist realities. Ultimately, this article emerges from a critical standpoint to advocate for the necessity of a gendered labour policy and new approaches to combat institutional barriers.

Inclusion is up to politicians, policymakers, and unions combined to achieve. Keywords: Gender equality, European Union, labour law, gender pay gap, work-life balance.

Introduction Gender equality is a core value of the European Union (EU)1, enshrined in its founding treaties and reflected in its overarching policy objectives. However, despite decades of progress, achieving full gender parity remains an ongoing challenge, particularly in the labour market. Persistent issues such as the gender pay gap, occupational segregation, unequal representation in leadership roles, and the disproportionate burden of unpaid care work continue to hinder the realization of equality. These labour-related disparities not only undermine the EU’s commitment to social justice but also limit its economic potential, given the substantial contributions women make to its workforce and economies. This paper examines the quest for gender equality in the EU from a labour perspective, exploring the intersection of employment policies, economic dynamics, and social norms.

It highlights the achievements of key legislative and policy frameworks, such as the Recast Directive (2006/54/EC) and the Work-life Balance Directive (2019/1158/EU), which have played significant roles in advancing workplace equality. At the same time, it critically evaluates the remaining barriers, emphasizing the structural and cultural challenges that perpetuate gender-based inequities in employment and beyond. In adopting a labour-focused lens, this analysis aims to deepen the understanding of how gender equality can be advanced through targeted labour market interventions. It considers the broader implications of these efforts, arguing that gender parity in the workforce is not only a matter of fairness but also a strategic imperative for the EU’s economic resilience and social cohesion.

By focusing on both successes and shortcomings, this paper contributes to the ongoing discourse on how the EU can strengthen its commitment to gender equality and lead global efforts to create a more inclusive labour market. Equal Employment Law in the EU Equal treatment of men and women has been one of the fundamental principles of the European Union since its creation. In 1957, the principle of equal pay for equal work became part of the Treaty of Rome, even if only for economical reason (more precisely in its Article

1 List of Abbreviations: EC - European Commission; EEC - European Economic Community; EU – European

Union; GDP- Gross domestic product; ILO - International Labour Organization, STEM - Science, technology, engineering and mathematics; TEU - Treaty on European Union; TFEU - Treaty on the Functioning of the EU.

119, which later became Article 141 EC Treaty)2. The article mandates that Member States ensure equal pay for men and women performing equal work or work of equal value, prohibiting discrimination based on sex. It defines "pay" as all forms of compensation, including basic wages and additional benefits, whether monetary or in kind, provided by the employer. The principle requires equal pay for the same work, whether calculated by piece rates or time rates. The European Parliament and the Council are responsible for enacting legislation to promote equal opportunities and treatment in employment, encompassing equal pay. Furthermore, Member States are permitted to adopt measures that provide specific advantages to the underrepresented sex to facilitate their participation in the workforce or to address career disadvantages, ensuring full practical equality in working life.

As the number of women in the labour market increased and the society evolved, creating a bigger concern for human rights, the EU and its Member States reaffirmed their commitment to promoting work equality. 3 Today, equal treatment at work is one of European’s Union main concerns regarding its citizens. In Your Europe’s official website, it is stated that “discrimination in the workplace on the grounds of age, sex, disability, ethnic or racial origin, religion or belief, or sexual orientation is banned across the EU in both the public and private sector. ”4 This equality includes not only equal payment but also equal treatment in recruitment, working conditions, promotions, access to professional training, supplementary retirement pensions and dismissal conditions.

The citizens are protected not only against direct discrimination, but also any business practice or government policies that results in harmful effects of especially disproportionate incidence on certain categories of people result, even if not provided with discriminatory intention at the time of its conception. This indirect discrimination is addressed by the Disproportionate Impact Theory, which 2 Gracia Vara Arribas & Laura Carrasco, Gender Equality and the EU – An Assessment of the Current Issues, 1 EIPASCOPE 1, 1–9 (2003).

3 Emanuela Lombardo & Petra Meier, Framing Gender Equality in the European Union Political Discourse, 15 Social Politics 101, 101–129 (2008). 4 Your Europe, Equal Treatment at Work, https://europa.eu/youreurope/citizens/work/work-abroad/equaltreatment-with-nationals/index_en.htm (last visited Dec. 29, 2024)..

has been adopted by the CJEU and is explained by Braceras5: “The disparate impact model (or the "effects test," as it is sometimes called) seeks to eliminate policies that, while neutral on their face, disproportionately harm members of a particular protected class. Under the disparate impact approach, proof of the defendant's state of mind (i. e. , illicit motive) is not required. ” So it is fair to say that the EU aims to combat not only explicit gender discrimination but also any kind of action that results in discrimination, even if unintentionally. As the result of EU constant work for equal employment, the EU Council Directive 2000/78/EC of November 20006 was introduced establishing a general framework for equal treatment in employment and education.

The directive was enacted after the Treaty of Amsterdam, signed at Maastricht on 7 February 1992, which introduced countless changes for the European Union and ensured its commitment to equality, freedom, respect and democracy. Improving gender equality is not only a moral imperative but also a strategic advantage that can yield significant economic and social benefits for the European Union. Addressing gender disparities in employment and education, particularly by promoting equal opportunities for women in STEM fields and the broader labour market, can lead to substantial increases in workforce participation and productivity. This is particularly critical in the context of an ageing population, as enhanced gender equality can help mitigate labour shortages and bolster economic resilience.

Projections suggest that by 2050, these efforts could result in a remarkable increase in EU GDP per capita of 6. 1% to 9. 6%, underscoring the transformative potential of gender-inclusive policies7. Beyond economic gains, fostering gender equality strengthens social cohesion, promotes diversity, and ensures a fairer society where everyone can contribute to and benefit from shared prosperity. Achieving gender equality, therefore, is not just about empowering 5 Jennifer C. Braceras, Killing the Messenger: The Misuse of Disparate Impact Theory to Challenge High-Stakes Educational Tests, 55 Vand. L. Rev. 1111, 1111–1203 (2019). 6 European Union, The Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, in https://eur-lex. europa. eu/legalcontent/EN/TXT/? uri=celex:32000L0078 (last visited Dec. 30, 2024).

7 Helena Morais Maceira, Economic Benefits of Gender Equality in the EU, 52 Intereconomics 178, 178–183 (2017).

individuals but also about unlocking the collective potential of society as a whole. The Development Of Labour Law in the EU Labour law is a product of the industrial revolution (and the capitalist system) that “spread” to the extent that industrialization took place in different countries. Indeed, with the industrial revolution a whole process began that would give rise to two characteristic phenomena of capitalist society: the ownership of the main means of production by the holder of capital and the power of organization and management in the company; and the salaried worker, who had to offer, exclusively, his labour power8. Isolated and dispersed in the face of the economic power of the entrepreneur, workers were compelled to accept inhumane working conditions.

Then, it was quickly realized that the principles proclaimed by liberalism, in a context of effective inequality of power such as the one we were experiencing, not only did not materialize without a regulatory element of business power, but also accentuated social and economic inequalities and injustices. Labour law was the missing element. This legislative movement, initiated in Europe at the beginning of the 19th century, which accompanied the emergence of ideas of social justice and which lasted through the first quarter of the 20th century, constituted the first great movement of approximation and even of standardization of legal and labour regimes in industrialized countries. Standardization was particularly felt in terms of working hours, with the implementation of 8 hours a day and 48 hours a week.

The second major boost suffered by labour law would occur with the end of the first world war and with the creation of the ILO in 1919 – which came to acquire the nature of a specialized organization of the United Nations after the Second World War – and the approval of several international conventions which, while not immediately and directly binding the Member States, played and continue to play a very important role in standardizing and regulating socio-labour relations on a global scale. The third major thrust of labour law came with the end of the Second World War. In fact, between the end of the Second World War and the first oil shock there was the golden

8 Mauro Schiavi, Manual de Direito Processual do Trabalho (10th ed., LTr 2016).

period of labour law, which also coincided with the period that best managed to reconcile economic growth, well-being and social justice on the European continent9. To the classic labour law (protection of the worker in the workplace) social protection rights outside work were added and improved. And the European Union (then European Common Market) was created right during this period, looking to rebuild itself from the damage of the Second World War and, as well, to prosper peace. The EEC arose from the Treaty of Rome in 1957 and was the first existing proposal to promote the free movement of goods, capital and, above all, people, an integration that would materialize over the years, as the economies of the respective Member States countries grew stronger. The treaty that established the European Economic Community also established the free movement of workers within the interior.

The creation of the European Union came only in 1992, in the city of Maastricht in the Netherlands, when the EEC countries met and signed the so-called Maastricht Treaty, giving rise to the European Union, the first economic bloc to achieve full integration between their Member States. The Treaty established an ambitious plan that included, in addition to economic and monetary integration, from 1999 onwards, the adoption of new policies common to all, as well as the concept of European citizenship and the institution of the Court of Auditors as a community body10. In short, the European Union had its origins as a regional integration body with exclusively economic purposes in order to facilitate the circulation of goods between the countries that made it up.

However, since each member country had a different, many of social origins and others coming from authoritarian regimes without a humane culture of worker protection, it became

9 Niklas Bruun & Bob Hepple, Economic Policy and Labour Law, in The Transformation of Labour Law in

Europe: A Comparative Study of 15 Countries 1945–2004 31, 31–57 (Bob Hepple & Bruno Veneziani eds., Hart Publ’g 2009).

10 David Armstrong, Lorna Lloyd & John Redmond, The European Union, 1945–1969: The Creation of the

European Community and the Early Years, in From Versailles to Maastricht: The Making of the 20th Century 138, 138–164 (David Armstrong, Lorna Lloyd & John Redmond eds., Palgrave 1996).

necessary to create new general rules for the application of law, so that there was a consensus. Thus, several guidelines were successively approved. When it comes to labour law, equal payment has been one of the fundamental principles of the European Union since its creation. In 1957, the principle of equal pay for equal work became part of the Treaty of Rome. Since then, the European institutions have regularly reaffirmed the principle of work equality, promoting it as a fundamental value of the EU. Currently, the European Union's labour law has as its sources the principles provided for in its Community Treaties, amending treaties, the Single European Act and the Charter of Fundamental Rights. One of the objectives of labour legislation in the EU is to raise the standard of living and promote the improvement of working conditions.

The Single European Act of 1987 intends to value collective contracts as a source of community regulation. A fact to be observed is that community law does not affect constitutional norms, and that the collision of the two norms has been resolved through respect for the constitutional norms of each Member State11. In terms of labour law, the Treaty of Rome and community guidelines and regulations are considered sources of labour law. The Community Charter of Social Rights of 1989, is a declaration of social rights, which deals with free movement, improvement of living and working conditions, social protection, freedom of association.

The Charter of Fundamental Rights recognizes a set of personal, civil, political, economic and social rights of citizens and residents of the European Union, incorporating them into community law, in its article 15, which deals with professional freedom and the right to work. Currently, the community labour law protects two main areas: 1) working conditions, such as working time, part-time work, fixed-term employment contracts and the posting of workers, and; 2) the information and consultation of workers in the event of collective 11 Manuel Carlos Polomeque & Manuel Álvarez Rosa, Derecho del Trabajo (Editorial Centro de Estudos Ramon Areces 2008)..

redundancies or company transfers. 12 The European Union adopts legislation defining minimum requirements for working and employment conditions and for information and consultation of workers. The Member States continue with their national labour legislation, transposing Community law into national law and ensuring its application. This minimum protection is intended to guarantee the fairness of the application of labour legislation throughout the European community. With this, in addition to ensuring a balance in labour relations, it ensures its correct application through inspection. Amauri Nascimento recalls that issues of union organization and strike are considered internal, not part of the community, and therefore not subject to regulation by the European Union, being restricted to the competence of each member13.

Employment Equality Policies in the EU Since 1957, with the signing of the Treaty of Rome, which enshrined the principle of equal pay for equal work, much legislation and jurisprudence have been produced to guarantee equal treatment in access to work, training, promotions and working conditions, equal pay and social security benefits, as well as guaranteed rights to parental leave, conciliation between personal and family life, among others. In its current versions, the Treaty on European Union (TEU) enshrines equality between women and men (Articles 2 and 3, paragraph 3) and the Treaty on the Functioning of the EU (TFEU) assigns the Union the task to eliminate inequalities and promote equality between men and women in all their activities (Article 8).

The Extraordinary European Council in Luxembourg, in 1997, approved the European Employment Strategy, which consisted of a set of guidelines grouped into 4 structural pillars (employability, entrepreneurship, adaptability and equal opportunities). This strategy would be developed by each Member State through a National Employment Plan, compliance with which would be subject to evaluation and recommendations by the European Commission. 12 European Commission, 2024, Labour law, in https://employment-social-affairs. ec. europa. eu/policies-andactivities/rights-work/labour-law_en (last visited Dec. 29, 2024).

13 Amauri Mascaro Nascimento, 2010, Direito do Trabalho, Saraiva, São Paulo.

The Pillar relating to Equal Opportunities, although covering a broader area of intervention than equality between men and women, constituted an important opportunity and an important milestone in the policy of combating gender inequality by the European Union. The prohibition of discrimination in terms of work and employment is also provided for in various Conventions and Directives, in particular the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Through a jurisprudential research of European community law, it is possible to infer that national laws that violate the principle of non-discrimination are considered invalid by the Court of Justice based on this Directive.

There is also Directive 2006/54/EC14, which reinforces the application of the principle of equal pay for work of equal or equal value between men and women, through salary transparency and inspection mechanisms. The EU requires large listed companies to publish information about their board of directors regarding diversity policy, including elements such as age, gender and educational and professional backgrounds. Furthermore, Regulation (EU) No. 1303/2013 of December 17 ensures that inequalities must be eliminated, equality between men and women promoted, a gender perspective integrated, as well as any discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation.

It appears that discrimination has been a matter to which the European Union has devoted special attention, namely in the application of the principle of equal treatment between people, without distinction of gender (Directive 2006/54/EC, of 5 July 2006), racial or ethnic origin (Directive 2000/43/EC, of 29 June 2000), or the establishment of a general framework for treatment in employment and professional activity (Directive 2000-78-EC, of 27 November from 2000. 14 European Union, 2006, Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), in https://eur-lex. europa. eu/legalcontent/EN/TXT/? uri=celex%3A32006L0054 (last visited Dec. 29, 2024).

The Europe 2020 Strategy for smart, sustainable and inclusive growth in the EU15 established employment and social cohesion as two of the priority areas of intervention, with the need to ensure access and equal opportunities for all throughout life, as well as the promotion of gender equality to improve participation rates in the labour market, strengthening growth and social cohesion. As already highlighted above, the principle of equality and the right to equal pay for men and women for equal work or work of equal value is one of the founding principles of the European Union, enshrined from the outset in the Treaty of Rome and repeatedly expressed in various subsequent legislation.

With the right to equal pay ensured in previous Directives, the European Commission has come to the conclusion that this right is not properly applied and that many Member States do not ensure pay transparency, requiring the adoption of new legislative measures for this purpose. Despite significant efforts to promote gender equality, the gender pay gap remains a pressing issue in the European Union, reflecting persistent economic disparities between men and women. As of 2022, women in the EU earned on average 87 cents for every euro earned by men, translating to a gender pay gap of 12. 7%. This inequality varies widely across the Member States, with Estonia recording the highest gap at 21. 3%, while Luxembourg stands out as an exception with a slightly reversed gap of -0. 7%16.

These figures highlight not only the uneven progress among EU countries but also the systemic nature of pay inequality that disadvantages women across sectors and roles. Addressing this gap is critical, as it represents a significant barrier to achieving full gender equality, undermining women's economic independence and their contributions to the economy. Closing the gender pay gap would not only benefit women but also contribute to

15 United Nations, 2010, Europe 2020: A Strategy for Smart, Sustainable and Inclusive Growth, in

https://sdgs.un.org/partnerships/europe-2020-strategy-smart-sustainable-and-inclusive-growth (last visited Dec. 29, 2024). 16 Servet Yanatma, Gender Pay Gap: There Is Only One Country in Europe That Pays Women More Than Men, https://www.euronews.com/next/2024/12/14/gender-pay-gap-in-europe-how-do-countries-compare-onnarrowing-the-divide (last visited Dec. 29, 2024).

stronger, more equitable economic growth for the EU as a whole17. To make concrete progress on gender equality in Europe and to achieve the Sustainable Development Goals (Agenda 2030), the European Commission, under the leadership of Ursula von der Leyen, has launched a new Strategy for Gender Equality 2020- 2025 which establishes the main actions to be carried out in the coming years. The EU has given priority to the scourge of violence against women18. Several initiatives to prevent, support, protect victims and punish perpetrators of these criminal acts have been launched. Recently, in June 2020, the European Commission presented the first EU strategy on victims' rights (2020-2025), in order to ensure that all victims of crime in the EU can fully exercise their rights19.

For example, the European Commission proposed, on the occasion of International Women's Day 2022, a directive to combat violence against women and domestic violence. On March 8, 2023 the European Commission launched a campaign - #EndGenderStereotypes - to challenge gender stereotypes20. This campaign addresses gender stereotypes that affect both men and women in different spheres of life, including career choices, shared care responsibilities and decision-making. The 2020-2025 Gender Equality Strategy envisions “a Europe in which women and men, girls and boys, in all their diversity, are equal and free to follow the path of life they have chosen, have the same opportunities to fulfil their potential and can participate in and lead our European society, on equal terms.

” Another goal for 2025 is to fight gender stereotypes, which are one of the root causes of 17Carole Vincent, Why Do Women Earn Less Than Men? , 1 CRDCN Research Highlight/RCCDR en Évidence 1, 1–4 (2013). 18 UN Women, COVID-19 and Ending Violence Against Women and Girls, https://www. unwomen. org/en/digitallibrary/publications/2020/04/issue-brief-covid-19-and-ending-violence-against-women-and-girls (last visited Dec. 31, 2024). 19 European Commission, EU Strategy on Victims’ Rights (2020–2025), https://commission. europa. eu/strategyand-policy/policies/justice-and-fundamental-rights/criminal-justice/protecting-victims-rights/eu-strategyvictims-rights-2020-2025_en#:~:text=2020-2025 (last visited Dec. 31, 2024). European Commission, Gender Equality Strategy, https://commission. europa.

eu/strategy-andpolicy/policies/justice-and-fundamental-rights/gender-equality/gender-equality-strategy_en (last visited Dec. 29, 2024)

inequality and contribute heavily to the wage gap21. To this end, the Commission will launch an EU-wide communication campaign to tackle stereotypes, addressing all walks of life through an intersectional approach, with particular attention to the participation of young people. Gender inequality in unpaid care work and domestic responsibilities continues to hinder women’s full participation in the labour market across the European Union. In 2022, 34% of women reported involvement in unpaid care activities, compared to just 25% of men. The disparity is even starker in housework and cooking, with 63% of women engaging in these tasks daily, compared to only 36% of men. 22 These imbalances in unpaid responsibilities contribute to lower participation rates of women in the full-time job market, where the EU average was 42. 5% for women compared to 57% for men23.

Such unequal distributions of labour not only limit women’s economic opportunities but also reinforce traditional gender roles, perpetuating cycles of inequality. Addressing these disparities through policies that promote shared responsibilities and provide better support for work-life balance is crucial for enabling women to access equitable opportunities in the workforce. Another challenge to be met by the EU by 2025 is to have men and women assume management positions in an equitable way. There are still very few women occupying management positions both in politics and in private companies. For good leadership, the presence of both women and men is fundamental.

To this end, the Commission will promote the adoption of the 2012 proposal for a directive on improving the balance between men and women on corporate boards, which sets a minimum target of 40% non-executive members of the under-represented sex on boards of directors of companies' administration. Political representation also remains a critical area where gender inequality persists in the European Union. As of 2023, women comprised only 33% of the members of the lower houses of parliament across Member States, reflecting significant underrepresentation in legislative decision-making. Moreover, just five out of the 27 Member States—Denmark, Estonia,

21 Eurofound, Equal Opportunities – The Catch-Up Game, 3 Foundation Focus 1, 1–15 (Apr. 2007).

22 European Institute for Gender Equality, Gender Equality Index 2023: Towards a Green Transition in Transport and Energy, Publications Off. of the Eur. Union (2023).

23 Ib.

France, Italy, and Lithuania—had or have women serving as prime ministers. 24 This imbalance highlights the continued barriers to achieving gender parity in political leadership and underscores the need for targeted measures, such as gender quotas and mentorship programs, to promote women's participation in politics. Enhancing gender diversity in political institutions is essential not only for fostering equality but also to ensure that a broader range of perspectives informs policymaking, making it more effective and versatile. As we can see, the EU funds several measures to make progress in terms of gender equality, seeking to ensure that Member States work together to combat inequality and discrimination. Conclusion The history of gender equality in the European Union (EU) is closely tied to the advantages of Justice, Equality, and Human Rights that make up its foundation.

Regarding employment relations, much gender inequity has been resolved as so much legal employment protection exists due to the Equal Treatment Directives, Gender Equality Strategy 2020-2025, and the Work-Life Balance Directive. Such achievements demonstrate that socioeconomic gains of gender equality will be more likely received by not only EU Courts down the line of policy change but also the everyday worker. The persistent problems—gender pay gap and gender pension gap, horizontal and vertical segregation, underrepresentation in certain job positions and overrepresentation in others, compounded by an overrepresentation of women in paid caregiving and an underrepresentation in professional opportunities—show the institutional and sociocultural warning signs that are in play to avoid change.

In addition, these problems foster intersectional injustices; therefore, women of colour—and marginalized groups in general—have even more work to do. Addressing these barriers requires a comprehensive and intersectional approach that not only ensures compliance with legal mandates but also reshapes societal norms and workplace cultures to promote true inclusivity, as opposed to the bare minimum legally required. Ultimately, the research of this paper determines that the nature of the labour market is at the 24 European Institute for Gender Equality, Gender Equality Index 2023: Towards a Green Transition in Transport and Energy, Publications Off. of the Eur. Union (2023).

heart of the gender equality struggle because without socioeconomic power, gendered power dynamics will never balance. Therefore, it's not enough for politicians to just try to enforce a defeasible anti-discrimination policy. Instead, they need to advocate for the policy-based change that implements a deconstruction of naturalized features of gender discrimination, such as gender-responsive budgeting, parental policies that promote equitable caregiving, and opportunities for diverse supervisory positions across almost all fields. Moreover, none of this will happen without the whole society working together to champion the cause; unions, civil groups, and in-office parties need to be fighting for change. The reason the EU cares about gender equality in the workplace is not a separate appeal but part of the larger equal and sustainable world.

The longer the EU establishes itself as an equal entity, the stronger it will be with current economic, social, and geopolitical issues. When gender equality in the workplace is promoted, there's safety, stability, and innovation. Therefore, for the EU to be the leader it wants to be—and needs to be—internationally and as a sustainable economic, political, and social powerhouse, it must be the leader of gender equality in the workplace. Ultimately, the EU must lead such an initiative because it raises the image of achievement for the EU's attempts to set international guidelines for such gendered divides to be undone and for a more global, equitable society to take place—and with continued policy implementation in response to political intention, changed sentiment, and cultural shifts thereafter will render this hopeful idea a plausible reality.

While the path ahead is complex, the commitment to a more equal, just, and inclusive labour market represents not only a cornerstone of European values but also a vital investment in the region's future.

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