Women's rights in Denmark. Before analyzing the different legislations in Denmark concerning womens business rights, we will first discuss the concept of gender equality.

University Degree Business and Administrative studies

Denmark

Introduction

Denmark is an egalitarian society, this means that all people should be treated with the same dignity or be regarded as possessing the same intrinsic qualities despite their societal diversity of race, religion, sex etc. Interestingly this reflects in their language, which employs gender-neutral words.

In addition, Denmark has the highest percentage of women in the labor market in Europe, with close to 80 percent of women being employed. They are highly respected in business and generally receive equal pay as men. To continue, women also have access to senior positions and can easily arrange flexible hours which make it possible for them to maintain both a career and a family.

Before analyzing the different legislations in Denmark concerning women’s business rights, we will first discuss the concept of gender equality.

Minister for Gender Equality

Since July 1, 1999 Denmark has a minister for gender equality. He is responsible for the Government's overall activities in the field of gender equality and co-ordinates the equality work of other ministries.

Gender equality between women and men has always been a general principle and objective of Danish policy. Changing governments have continuously worked to review and improve the quality of legislation and other legally binding rules to achieve gender equality between women and men. Today, women and men in Denmark share the same formal rights, obligations and opportunities in society. This is clearly stated in section 1 of the Danish Act on Gender Equality, which reads that “The purpose of this Act is to promote gender equality, including equal integration, equal influence and equal opportunities in all functions in society on the basis of women's and men's equal status.”

Next to the minister of gender equality there are also other actors like the Board of Equal Treatment, other ministries, as well as a great number of institutions and NGO’s that are involved in promoting gender equality.

The Consolidation Acts

Gender Equality (Consolidation) Act

An Act to consolidate the law relating to gender equality, cf. Act No. 388 of 30 May 2000, as amended by section 4 of Act No. 440 of 7 June 2001, Act No. 146 of 25 March 2002, section 2 of Act No. 373 of 6 June 2002 and section 1 of Act No. 396 of 6 June 2002.

This act was developed with the purpose to promote gender equality, including equal integration, equal influence and equal opportunities in all functions in society on the basis of women's ...

This is a preview of the whole essay

The Consolidation Acts

Gender Equality (Consolidation) Act

This act was developed with the purpose to promote gender equality, including equal integration, equal influence and equal opportunities in all functions in society on the basis of women's and men's equal status. The purpose of the Act is also to counteract direct and indirect discrimination on the ground of gender and to counteract sexual harassment.

The act states that…

Part 2: Prohibition against unequal treatment on the ground of gender

2.1 Women and men shall receive equal treatment by employers, authorities or organizations within the public administration and in connection with business and general activities. Any person whose rights under the first sentence are violated may be awarded compensation.

2.2 The Minister for Gender Equality is authorized to lay down rules to the effect that certain specified business and general activities shall not be subject to subsection (1) above.

Part 7: Commencement, repeal and review

24.1 This Act shall come into force on 1 June 2000.

Therefore, an employer is obliged to give his employees the same treatment and cannot discriminate between men and women. They have to receive the same opportunities. Only the minister of gender equality can decide which exceptions apply to this law.

Consolidation Act on Equal Pay to Men and Women

This is an Act to consolidate the provisions on Equal Pay to Men and Women, of Consolidation Act No. 909 of 27 September 2000 with the amendments following from Article 2 of Act No. 440 of 7 June 2001 and Act No. 445 of 7 June 2001.

This act states that…

1.1 No discrimination on the ground of sex as regards pay may take place in contravention of this Act. This applies to both direct and indirect discrimination.

1.2 Indirect discrimination exists where a provision, a criterion or a practice which is seemingly neutral places a substantially bigger number of persons of one gender in a less favorable position unless this provision, criterion or practice is expedient and necessary or can be justified by objective non-gender related factors.

1.3 Any employer shall give men and women equal pay, including equal pay conditions, for the same work or work given the same value.

1.4 The evaluation of the value of the work shall take place on the basis of a general evaluation of relevant qualifications and other relevant factors.

1.5 The provisions laid down in this Act shall not apply to the extent that a corresponding obligation to give equal pay follows from a collective agreement.

2.1 An employee whose pay is lower than that of others in contravention of section 1 of this Act shall have a claim to the difference.

3.1 An employer shall not be allowed to dismiss an employee for having put forward a claim for equal pay, including equal pay conditions or for passing on information on pay.

6.1 An employee who finds that the employer does not comply with the duty to give equal pay, including even pay conditions under the Act may bring legal action to establish the claim.

6.2 Where a person who finds that he or she has been discriminated under section 1 can demonstrate factual circumstances which give grounds to presume that direct or indirect discrimination has taken place, it is incumbent on the other party to prove that the principle of equal treatment has not been violated.

8. This Act shall come into operation on 9 February 1976 and shall apply to pay relating to the period after the commencement of the Act.

Consolidation Act on Equal Treatment of Men and Women in respect of Employment and Maternity Leave

This is an Act to consolidate the provisions of Act on Equal Treatment of Men and Women as regards Access to Employment and Maternity Leave etc., cf. Consolidation Act No. 895 of 10 October 2001 with the amendments following from Section 1 of Act No. 141 of 25 March 2002.

This act states…

Part 1

1.1 For the purpose of this Act equal treatment of men and women means that no discrimination may take place on the ground of gender. This applies to both direct discrimination and indirect discrimination, in particular by reference to pregnancy or to marital or family status.

1.3 The Act shall be without prejudice to provisions on protection of women, especially in connection with pregnancy or maternity

1.4 The provisions of this Act shall not apply to the extent that a similar obligation to equal treatment follows from a collective agreement.

Part 2: Equal treatment of men and women

2. Any employer shall observe the principle of equal treatment of men and women in connection with recruitment, transfers and promotions.

3.1 Any employer who employs men and women shall treat them equally as regards access to vocational guidance, vocational training, vocational continued training and retraining.

3.2 The obligation to observe the principle of equal treatment shall also apply to any person who undertakes guidance and training activities as mentioned in subsection (1).

4. Any employer who employs men and women shall treat them equally as regards working conditions. This shall also apply in connection with dismissal.6. No advertisement may state that persons of a specific gender are wanted or preferred in connection with recruitment or vocational training etc.

Part 3: Pregnancy, maternity and adoption

7.1 A female employee shall be entitled to absence from work due to pregnancy and maternity from the date estimated to be 4 weeks before the birth. After the birth the female employee shall be entitled to absence from work for a total period of 14 days. After this period the female employee is entitled to a further 12 weeks of absence from work. The father of the child shall be entitled to absence for up to 2 weeks after the birth or reception of the child in the home or - as agreed with the employer - within the first 14 weeks after the birth. Adoptive parents are entitled to absence from work in pursuance of section 14 of the Act on benefits in the event of sickness or childbirth.

7.7 A female employee has the right to absence from work in connection with pregnancy examinations when these are to take place during working hours

Part 9: Commencement

20.1 This Act shall come into operation on 1 May 1989.

Bibliography

http://www.everyculture.com/Cr-Ga/Denmark.html

http://www.kwintessential.co.uk/resources/global-etiquette/denmark-country-profile.html

http://www.legislationline.org/documents/id/6520

http://www.legislationline.org/documents/id/6518

http://www.everyculture.com/Cr-Ga/Denmark.html

http://www.kwintessential.co.uk/resources/global-etiquette/denmark-country-profile.html

http://en.wikipedia.org/wiki/Minister_for_Gender_Equality_(Denmark)

http://www.legislationline.org/documents/id/6520