|Opis:||This master's thesis deals with the legal aspects of the gender pay gap, with emphasis on the legal regulation of the principle of equal pay for equal work and work of equal value, its implementation and the consequences of the implementation or non-implementation of the principle in practice. Gender equality between men and women is one of the fundamental values and goals at both EU and international level. Despite a number of legislative acts at EU, international and national level that define gender and more specifically - pay equality, EU still faces a relatively high percentage of gender pay gap. At EU level, the Unadjusted gender pay gap is used as an indicator of the pay gap and represents a harmonized source of gender-based pay differences. It represents the difference between the average gross hourly earnings of male paid employees and of female paid employees as a percentage of average gross hourly earnings of male paid employees. The unadjusted gender pay gap means that it is not adjusted according to national differences in measurable individual characteristics of men and women, which could explain part of the pay gap, and therefore shows the general situation of inequality between men and women in the labor market. Such characteristics relate, among other things, to the tradition in the choice of education and career decisions of men and women, gender imbalance in the sharing of family responsibilities and the high feminization of part-time work. On the other hand, the adjusted pay gap, however, does not explain a good part of the gender pay gap, which is allegedly the result of pure pay discrimination.
The issue of the pay gap is considered a complex area, the existence of which is formed by many factors such as gender stereotypes and occupational segregation, undervaluation of women's work, poor working and private life balance, economic crisis, non-transparency of pay systems and pay discrimination or lack of proper implementation of equal pay principle in practice. In this respect, it is therefore a broader concept than the concept of equal pay for equal work and work of equal value, the non-implementation of which is only one of the factors for the emergence of this issue.
In line with its powers and the adoption of a number of documents, the European Commission has been working for many years to reduce the gender pay gap. Through its recommendations, strategies and guidelines, it guides Member States in the proper implementation and application of existing rules on equal pay. The Court of Justice of the European Union has also clarified through a series of judgments the scope and limitations of the application of the principle of equal pay for equal work or work of equal value. Nevertheless, pay inequality between men and women is slowly declining, stagnating in some places or increasing. The International Labor Organization even estimates that with the current approach to reducing the pay gap, full gender pay equality will only be achieved within 70 years.
Slovenia ranks among the Member States of the European Union with the smallest gender pay gap, but it is worrying that the pay gap is growing the fastest in Slovenia. The principle of equal pay is explicitly regulated in labor law, more precisely in Article 133 of the Employment Relationships Act, which is closely related to Article 6, which prohibits both direct and indirect discrimination on the basis of any personal circumstance, including gender and with regard to all aspects of employment, including salary and other employment benefits. The issue of the pay gap is escalating in the third period of life in the form of an even larger pension gap and the at-risk-of-poverty rate for older women in Slovenia, which is among the highest in the European Union.|