Le Parental Leave Act permet en Suède de sanctionner les comportements discriminatoires à l'égard des personnes en congé parental, lorsqu'en raison de cet état, elles subissent des injustices tant en matière de rémunération que de traitement. L'employeur peut ainsi être sanctionné pour traitement arbitraire dès lors qu'il cause à l'employé un préjudice et que cette différence de traitement n'est pas la "conséquence nécessaire" du congé parental. En vertu de la loi précitée, le "Swedish Equal Opportunities Ombudsman" peut intenter une action à l'encontre de l'employeur coupable de ce type de comportement discriminatoire. A titre d'exemple, ce médiateur a récemment rendu un avis négatif sur un employeur qui avait accordé une prime annuelle moindre à deux de ses employés au motif qu'ils avaient pris un congé parental sur l'année, alors que cette prime n'était pas attribuée en fonction de la performance individuelle, mais au regard des recettes annuelles...
Suède : nouvelles avancées en droit du travail
| Auteur: | Legal News |
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