El derecho a la igualdad sin discriminación por sexo en el contrato de trabajola versión portuguesa de un reto comunitario

  1. Tomás, Sérgio Tenreiro
Supervised by:
  1. María José Nevado Fernández Director

Defence university: Universidad de Salamanca

Fecha de defensa: 07 June 2012

Committee:
  1. Manuel Carlos Palomeque López Chair
  2. Enrique Cabero Morán Secretary
  3. David José Geraldes Falcao Committee member
  4. María de los Reyes Martínez Barroso Committee member
  5. María Hemilia Fonseca Committee member
Department:
  1. DERECHO DEL TRABAJO Y TRABAJO SOCIAL

Type: Thesis

Abstract

The first chapter is devoted to the issue of gender equality without discrimination in the employment contract, trying to analyze it from the perspective of Portuguese law under the influence of Community law. This chapter also studies dedicated to Community law on some fundamental points of gender equality in the workplace, ultimately analyzing its impact on the Portuguese legal system. The second chapter is devoted to actions for real equality. In this area is crucial to keep in mind the concept of formal equality and the recognition that this is not enough, what matters spoken of material equality. A major tool for achieving real equality desirable regarding affirmative guaranteed based on a preference for the underrepresented sex. In continuation of this work we decided to focus on the protection of the worker in the construction of real equality with particular attention to the impact of pregnancy and licenses, waivers and related family faults support under Portuguese law perspective and community, whichever develop in three stages: before the conclusion of the work, during its execution and finally at the time of its termination. In the last part of the thesis examines equality in Social Security benefits, with particular focus on the prohibition of sex discrimination in Community law and, ultimately, a study on the prohibition of discrimination sex Portuguese law which states the importance of the right to social security may contribute to real equality between men and women can take shape