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The fight against discrimination: a male employee cannot be denied a supplement to childcare leave allowance

The fight against discrimination: a male employee cannot be denied a supplement to childcare leave allowance

LEGAL DIGEST \ 16.03.2018

In its ruling dated 4 February 2017 in case No. 33-45444/2017, the Moscow City Court held that the establishment of a supplement to childcare leave allowance solely for female employees constitutes discrimination.

The court has considered the regulations for a company’s employee remuneration scheme, which provided for a supplement to childcare leave allowance. Under the company’s regulations, only women were entitled to such a supplement. On this ground, the employer did not pay the corresponding supplement to a male employee who took childcare leave.

The court recognized the above clause of the regulations to be discriminatory. An employee remuneration scheme should not cite the gender of an employee in the context of receiving the payment.

The employee was compensated for the supplement which accrued over the entire period for which the allowance was paid, as well as for moral harm.

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