Ligestillingsudvalget 2011-12
LIU Alm.del Bilag 9
Offentligt
EUROPEAN PARLIAMENT
2009 - 2014
Session document
A7-0032/20105.3.2010
***ISECOND REPORTon the proposal for a directive of the European Parliament and of the Councilamending Council Directive 92/85/EEC on the introduction of measures toencourage improvements in the safety and health at work of pregnant workersand workers who have recently given birth or are breastfeeding(COM(2008)0637 – C6-0340/2008 – 2008/0193(COD))Committee on Women's Rights and Gender EqualityRapporteur: Edite EstrelaRapporteur for the opinion(*): Rovana Plumb, Committee on Employment andSocial Affairs(*) Associated committee - Rule 50 of the Rules of Procedure
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Symbols for procedures*******I***II***IIIConsultation procedureConsent procedureOrdinary legislative procedure (first reading)Ordinary legislative procedure (second reading)Ordinary legislative procedure (third reading)
(The type of procedure depends on the legal basis proposed by theCommission.)
Amendments to a legislative textIn amendments by Parliament, amended text is highlighted inbold italics.Inthe case of amending acts, passages in an existing provision that theCommission has left unchanged, but that Parliament wishes to amend, arehighlighted inbold.Any deletions that Parliament wishes to make inpassages of this kind are indicated thus: [...]. Highlighting innormal italicsisan indication for the relevant departments showing parts of the legislativetext for which a correction is proposed, to assist preparation of the final text(for instance, obvious errors or omissions in a given language version).Suggested corrections of this kind are subject to the agreement of thedepartments concerned.
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CONTENTSPageDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION................................. 5EXPLANATORY STATEMENT............................................................................................ 53OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS ......... 57OPINION OF THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS (*) ...... 68PROCEDURE .......................................................................................................................... 97
(*) Associated committee - Rule 50
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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTIONon the proposal for a directive of the European Parliament and of the Council amendingCouncil Directive 92/85/EEC on the introduction of measures to encourageimprovements in the safety and health at work of pregnant workers and workers whohave recently given birth or are breastfeeding(COM(2008)0637 – C6-0340/2008 – 2008/0193(COD))(Codecision procedure: first reading)The European Parliament,– having regard to the Commission proposal to the European Parliament and the Council(COM(2008)0637),– having regard to Article 251(2) and Articles 137(2) and 141(3) of the EC Treaty, pursuantto which the Commission submitted the proposal to Parliament (C6-0340/2008),– having regard to the Communication from the Commission to the European Parliamentand the Council entitled "Consequences of the entry into force of the Treaty of Lisbon forongoing inter-institutional decision-making procedures" (COM(2009)0665),– having regard to Article 294(3) and Articles 153(2) and 157(3) of the Treaty on theFunctioning of the EU,– having regard to the opinion of the European Economic and Social Committee of 13 May20091,– after consulting the Committee of Regions,– having regard to the opinion of the Committee on Legal Affairs on the proposed legalbasis,– having regard to Rules 37, 55 and 175 of its Rules of Procedure,– having regard to the first report of the Committee on Women’s Rights and GenderEquality and the opinion of the Committee on Employment and Social Affairs(A6-0267/2009),– having regard to the second report of the Committee on Women’s Rights and GenderEquality and the opinion of the Committee on Employment and Social Affairs(A7-0032/2010),1. Adopts its position at first reading hereinafter set out;2. Calls on the Commission to refer the matter to Parliament again if it intends to amend theproposal substantially or replace it with another text;1
OJ C 277, 17.11.2009, p. 102.
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3. Instructs its President to forward its position to the Council, to the Commission and to thenational parliaments.Amendment 1Proposal for a directive – amending actTitle of the DirectiveText proposed by the CommissionProposal for a DIRECTIVE OF THEEUROPEAN PARLIAMENT AND OFTHE COUNCIL amending CouncilDirective 92/85/EEC on the introduction ofmeasures to encourage improvements inthe safety and health at work of pregnantworkers and workers who have recentlygiven birth or are breastfeedingAmendmentProposal for a DIRECTIVE OF THEEUROPEAN PARLIAMENT AND OFTHE COUNCIL amending CouncilDirective 92/85/EEC on the introduction ofmeasures to encourage improvements inthe safety and health at work of pregnantworkers and workers who have recentlygiven birth or are breastfeedingand on theintroduction of measures to supportworkers in balancing work and family life
JustificationThe extension of the scope of the directive is possible due to the combined legal basis, whichincludes Article 141(3) of the EC Treaty. The simultaneous treatment reinforces the messageto business that human reproduction must concern men and women.Amendment 2Proposal for a directive – amending actRecital 4Text proposed by the Commission(4) Equality between men and women is afundamental principle of the EuropeanUnion. Articles 21 and 23 of the Charter ofFundamental Rights of the European Unionprohibit any discrimination on grounds ofsex and require equality between men andwomen to be ensured in all areas.Amendment(4) Equality between men and women is afundamental principle of the EuropeanUnion. Articles 21 and 23 of the Charter ofFundamental Rights of the European Unionprohibit any discrimination on grounds ofsex and require equality between men andwomen to be ensured in all areas,including in the achievement of a work-life balance.
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Amendment 3Proposal for a directive – amending actRecital 5 a (new)Text proposed by the CommissionAmendment(5a) In the judgment of the Court ofJustice of the European Communities of26 February 2008 in Case C-506/06 Mayrv Flöckner1, the Court held that directdiscrimination on grounds of sex occurs ifa female employee is placed at adisadvantage on account of absence inconnection with IVF treatment.1
[2008] ECR I-01017.
Amendment 4Proposal for a directive – amending actRecital 5 b (new)Text proposed by the CommissionAmendment(5b) The entitlement of a woman onmaternity leave to return, after the end ofthat leave, to her job or to an equivalentpost is laid down in Article 15 ofDirective 2006/54/EC of the EuropeanParliament and of the Council of5 July 2006 on the implementation of theprinciple of equal opportunities and equaltreatment of men and women in mattersof employment and occupation (recast)1.1
OJ L 204, 26.7.2006, p. 23
JustificationThe list of proposals in the act amending Directive 92/85/EEC contains no reference toArticle 15 of Directive 2006/54/EC of the European Parliament and of the Council, whichregulates the entitlements to be accorded to a woman returning to work after maternity leave.
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Amendment 5Proposal for a directive – amending actRecital 6 a (new)Text proposed by the CommissionAmendment(6a) The revised Framework Agreementon Parental Leave signed on 18 June2009 by the European social partners,does not adequately cover remunerationissues and specific types of family-relatedleave, and therefore does not fulfil its roleas an important measure to improve thebalance between private and working lifefor parents.JustificationThe Framework Agreement on Parental Leave is an important aspect of equal opportunitiespolicy supporting reconciliation of professional, private and family life, however it sets outonly minimum requirements, so it can only be regarded as a first step measure.Amendment 6Proposal for a directive – amending actRecital 6 b (new)Text proposed by the CommissionAmendment(6b) The objectives set out in thePresidency Conclusions of the BarcelonaEuropean Council of 15 and 16 March2002 stated that Member States shouldremove disincentives to women'sinvolvement in the labour market and aimto provide by 2010 childcare facilities forat least 90% of children between the ageof three and the compulsory school ageand for at least 33% of children under theage of three, and that such childrenshould have equal access to such facilitiesin towns and rural areas.
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Amendment 7Proposal for a directive – amending actRecital 6 c (new)Text proposed by the CommissionAmendment(6c) The Commission Communication of4 July 2006 entitled "Towards an EUStrategy on the Rights of the Child" statesthat children's rights should be an EUpriority and that Member States shouldcomply with the UN Convention on theRights of the Child and the additionalprotocols thereto, as well as theMillennium Development Goals.JustificationThe communication states that children's rights should be an EU priority and that MemberStates should comply with the UN Convention on the Rights of the Child and the additionalprotocols thereto, as well as the Millennium Development Goals. With reference to thisdirective, this means ensuring that all children may be breastfed and receive appropriate carein accordance with their needs as regards development and access to adequate quality care.Amendment 8Proposal for a directive – amending actRecital 6 d (new)Text proposed by the CommissionAmendment(6d) The World Health OrganisationGlobal strategy on infant and young childfeeding of 16 April 2002, endorsed byResolution 55.25 of the 55thWorld HealthAssembly states that exclusivebreastfeeding during the first six monthsof a child's life guarantees optimumgrowth and development. On the basis ofRR\430593EN.doc9/97PE430.593v02-00
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this resolution, the Member States shouldencourage the provision of leave designedto fulfil this purpose.
Amendment 9Proposal for a directive – amending actRecital 8 a (new)Text proposed by the CommissionAmendment
(8a) All parents have the right to care fortheir child.Amendment 10Proposal for a directive – amending actRecital 8 b (new)Text proposed by the CommissionAmendment(8b) The provisions of this Directiveconcerning maternity leave should notconflict with Member States’ other ruleson parental leave and this Directiveshould not undermine those rules.Maternity leave, paternity leave andparental leave are complementary andwhen used in combination can promote abetter work-life balance.JustificationIn its explanatory memorandum the Commission draws an artificial distinction betweenmaternity leave and parental leave. Both models complement each other, and using them incombination can promote a better work- life balance.
Amendment 11PE430.593v02-0010/97RR\430593EN.doc
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Proposal for a directive – amending actRecital 8 c (new)Text proposed by the CommissionAmendment(8c) A worker who has adopted a childshould have the same rights as a naturalparent and be able to take maternity leaveon the same conditions.JustificationEven though the scope of this Directive refer to the natural maternity becoming a motherthrough adoption imposes the same scope of the duties, responsibilities and difficulties inbalancing work and family lifeAmendment 12Proposal for a directive – amending actRecital 9Text proposed by the Commission(9) The vulnerability of pregnant workersand of workers who have recently givenbirth or who are breastfeeding makes itnecessary for them to be granted the rightto maternity leave of at least18continuousweeks, allocated before and/or afterconfinement, and renders necessary thecompulsory nature of maternity leave of atleast six weeks allocated after confinement.Amendment(9) The vulnerability of pregnant workersand of workers who have recently givenbirth or who are breastfeeding makes itnecessary for them to be granted the rightto maternity leave of at least20continuousweeks, allocated before and/or afterconfinement, and renders necessary thecompulsory nature of maternity leave of atleast six weeks allocated after confinement.
Amendment 13Proposal for a directive – amending actRecital 9 a (new)Text proposed by the CommissionAmendment(9a) The care of disabled childrenpresents a particular challenge forworking mothers, which should berecognised by society. The increasedvulnerability of working mothers ofdisabled children means that they shouldRR\430593EN.doc11/97PE430.593v02-00
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be granted additional maternity leave; thisDirective should lay down the minimumperiod of such leave.
Amendment 14Proposal for a directive – amending actRecital 10Text proposed by the Commission(10) The International LabourOrganization recommends a minimumduration of maternity leave of 18 weeksremunerated at the full amount of thewoman's previous earnings. The ILOMaternity Protection Convention of 2000provides for a period of six weeks'compulsory leave after childbirth.deletedAmendment
Amendment 15Proposal for a directive – amending actRecital 10 a (new)Text proposed by the CommissionAmendment(10a) In order to be considered maternityleave within the meaning of this Directive,family-related leave which is available atnational level should extend beyond theperiods provided for in Directive96/34/EC; should be remunerated asprovided for in this Directive; and theguarantees laid down in this Directive inrelation to dismissal, return to the samejob or an equivalent post, anddiscrimination, should apply.JustificationIt is important that Member States which already have provision for longer periods ofparental leave for both parents can keep their generous conditions, without this affectingother Member States or diminishing the effect of this proposal for a directive prolonging thematernity leave across the EU.PE430.593v02-0012/97RR\430593EN.doc
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Amendment 16Proposal for a directive – amending actRecital 12 a (new)Text proposed by the CommissionAmendment(12a) A post termed ‘equivalent’ pursuantto Article 11(2)(c) should mean a post thatis the same as the former post, as regardsboth the salary paid and the duties to beperformed or where this is not possible, asimilar post corresponding to the worker'squalifications and existing salary.JustificationThe employer should make any effort to restore employee to the previous working conditionsbut in a case that it is objectively not possible the flexibility should be applicable, thusworking rights preserved.Amendment 17Proposal for a directive – amending actRecital 12 b (new)Text proposed by the CommissionAmendment(12b) In view of demographic trends inthe European Union, it is necessary topromote an increase in the birth-rate bymeans of specific legislation andmeasures to combine work, private lifeand family life more effectively.
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Amendment 18Proposal for a directive – amending actRecital 13Text proposed by the Commission(13) Women should therefore be protectedfrom discrimination on grounds ofpregnancy or maternity leave, and shouldhave adequate means of legal protectionAmendment(13) Women should therefore be protectedfrom discrimination on grounds ofpregnancy or maternity leave, and shouldhave adequate means of legal protection,inorder to safeguard their rights to decentworking conditions and a better balancebetween family life and work.
Amendment 19Proposal for a directive – amending actRecital 13 a (new)Text proposed by the CommissionAmendment(13a) In the resolution of the Council andof the Ministers for Employment andSocial Policy, meeting within the Council,of 29 June 2000 on the balancedparticipation of women and men in familyand working life1, Member States wereencouraged to consider whether, undertheir respective legal systems, workingmen might be granted a non-transferableindividual right to paternity leave, withoutany loss of employment rights.1
OJ C 218, 31.7.2000, p. 5.
JustificationIn the resolution of the Council and of the Ministers for Employment and Social Policy,meeting within the Council, of 29 June 2000 on the balanced participation of women and menin family and working life, Member States were encouraged to consider whether, under theirrespective legal systems, working men might be granted a non-transferrable individual rightto paternity leave, without any loss of employment rights; most Member States haveresponded favourably.Amendment 20PE430.593v02-0014/97RR\430593EN.doc
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Proposal for a directive – amending actRecital 13 b (new)Text proposed by the CommissionAmendment(13b) For the purposes of helping workersreconcile their professional and familylife, it is essential to provide for longermaternity and paternity leave, includingin the event of adoption of a child underthe age of 12 months. The worker whohas adopted a child under the age of 12months should have the same rights as anatural parent and be able to takematernity and paternity leave on the sameconditions.
Amendment 21Proposal for a directive – amending actRecital 13 c (new)Text proposed by the CommissionAmendment(13c) For the purposes of helping workersto reconcile their professional and familylife and to achieve true gender equality itis essential for men to be entitled to paidpaternity leave, granted on an equivalentbasis – except with regard to its duration –to maternity leave with a view to graduallyestablishing the conditions required. Thisentitlement should also be given tounmarried couples. Member States areencouraged to consider whether, undertheir respective legal systems, workingmen might be granted a non-transferableindividual right to paternity leave, withoutany loss of employment rights.
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Amendment 22Proposal for a directive – amending actRecital 13 d (new)Text proposed by the CommissionAmendment(13d) In the context of the EuropeanUnion's ageing population and theCommission Communication of 12October 2006 entitled "The demographicfuture of Europe – from challenge toopportunity", every effort will need to bemade to ensure the effective protection ofmotherhood and fatherhood.JustificationIn view of demographic changes and the importance of having more children, the necessarysteps must be taken to ensure effective maternal and paternal leave.Amendment 23Proposal for a directive – amending actRecital 13 e (new)Text proposed by the CommissionAmendment(13e) The Commission Green paperentitled "Confronting demographicchange: a new solidarity between thegenerations" refers to the fact that theMember States have low fertility rates,which are insufficient for the replacementof the population. Measures are thereforeneeded for the improvement of conditionsat the workplace for workers before,during and after pregnancy. It isrecommended that the best practices fromthose Member States with high fertilityPE430.593v02-0016/97RR\430593EN.doc
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rates and which ensure the continuedparticipation of women in the labourmarket be followed.
Amendment 24Proposal for a directive – amending actRecital 13 f (new)Text proposed by the CommissionAmendment(13f) In the December 2007 conclusionsof the Employment, Social Policy, Healthand Consumer Affairs (EPSCO) Councilon “Balanced roles for women and menfor jobs, growth and social cohesion”, theCouncil recognised reconciliation of workand family and private life as being a keyarea as regards the promotion of genderequality in the labour market.JustificationIn the December 2007 conclusions of the Employment, Social Policy, Health and ConsumerAffairs (EPSCO) Council on “Balanced roles for women and men for jobs, growth and socialcohesion”, the Council recognised reconciliation of work and family and private life to be akey area as regards the promotion of gender equality in the labour market.Amendment 25Proposal for a directive – amending actRecital 16 a (new)Text proposed by the CommissionAmendment(16a) Provision concerning maternityleave would serve no purpose unlessaccompanied by the maintenance of allrights linked to the employment contract,including maintenance of full pay andentitlement to an equivalent allowance.JustificationEntitlements must be based on full pay so as to prevent women losing out financially becausethey are mothers.
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Amendment 26Proposal for a directive – amending actRecital 18 a (new)Text proposed by the CommissionAmendment(18a) Member States are urged tointroduce into their national legal systemsmeasures to ensure real and effectivecompensation or reparation, as theyconsider to be appropriate, for any harmcaused to a worker by any breach of theobligations under this Directive, in a waywhich is dissuasive, effective andproportionate to the damage suffered.
Amendment 27Proposal for a directive – amending actRecital 19 a (new)Text proposed by the CommissionAmendment(19a) Victims of discrimination shouldhave adequate means of legal protection.To provide more effective protection, itshould be possible for associations,organisations and other legal entities toengage, as Member States consider to beappropriate, in proceedings on behalf ofor in support of any victim, withoutprejudice to national rules of procedureconcerning representation and defencebefore the courts.
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Proposal for a directive – amending actRecital 19 b (new)Text proposed by the CommissionAmendment(19b) It will be necessary for MemberStates to encourage and promote activeparticipation by the social partners toensure better information for thoseconcerned and more effectivearrangements. Through encouragingdialogue with the abovementioned bodies,Member States could obtain morefeedback and a greater insight into theimplementation of this Directive inpractice, and of problems likely to arise,with a view to eradicating discrimination.JustificationParticipation by social partners is extremely important in efforts to eradicate discrimination.Their data networks could provide additional information channels for workers about theirrights and a source of feedback for the Member States, given that they have greaterexperience regarding the various problems likely to arise. We therefore consider it importantto ensure their active participation and establish an open dialogue.Amendment 29Proposal for a directive – amending actRecital 20Text proposed by the Commission(20) This Directive lays down minimumrequirements and thus offers the MemberStates the option of introducing ormaintaining more favourable provisions.The implementation of this Directiveshould not serve to justify any regression inrelation to the situation prevailing in eachMember State.Amendment(20) This Directive lays down minimumrequirements and thus offers the MemberStates the option of introducing ormaintaining more favourable provisions.The implementation of this Directiveshould not serve to justify any regression inrelation to the situation prevailing in eachMember State,in particular national lawswhich, by combining parental leave andmaternity leave, provide for anentitlement to the mother of at least 20weeks of leave allocated before and/orafter confinement, and remunerated atleast at the level provided for in this19/97PE430.593v02-00
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Directive.
JustificationAccording to the World Health Organisation recommendation of 16 April 2002 on a globalstrategy on infant and young child feeding, exclusive breastfeeding during the first six monthsof a child's life guarantees optimum growth and development. In view of this a period of 20weeks is set as a minimum requirement.Amendment 30Proposal for a directive – amending actRecital 20 a (new)Text proposed by the CommissionAmendment(20a) Member states should encouragedialogue between social partners and withNGOs, in order to be aware of and to fightagainst different forms of discrimination.Amendment 31Proposal for a directive – amending actArticle 1 – point -1 b (new)Directive 92/85/EECArticle 1 – paragraph 1 a (new)Text proposed by the CommissionAmendment-1b. In Article 1 the following paragraph1a is inserted:“1a. This Directive also aims to improvethe conditions for pregnant workers andworkers who have recently given birth toremain in, or return to, the labour marketand to ensure better reconciliation ofprofessional, private and family life.”JustificationGiven the addition of Article 141 of the EC Treaty to the legal basis of this proposal, theadditional point aims at widening the scope of the directive and allows for including issuessuch as flexible working arrangements and paternity leave.PE430.593v02-0020/97RR\430593EN.doc
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Amendment 32Proposal for a directive – amending actArticle 1 – point -1 c (new)Directive 92/85/EECArticle 2Text proposed by the CommissionAmendment-1c. Article 2 is replaced by the following:“Article 2DefinitionsFor the purposes of this Directive:(a) pregnant worker shall mean apregnant workeremployed under anytype of contract, including in domesticwork,who informs her employer of hercondition, in accordance with nationallegislation and/or national practice;(b) worker who has recently given birthshall mean a worker employedunderany type of contract, including indomestic work,who has recently givenbirth within the meaning of nationallegislation and/or national practice andwho informs her employer of hercondition, in accordance with thatlegislation and/or practice;for thepurpose of this Directive it shall alsomean a worker who recently adopted achild;(c) worker who is breastfeeding shallmean a workeremployedunder any typeof contract, including in domestic work,who is breastfeeding within the meaningof national legislation and/or nationalpractice and who informs her employerof her condition, in accordance with thatlegislation and/or practice; ”
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Amendment 33Proposal for a directive – amending actArticle 1 – point -1 d (new)Directive 92/85/EECArticle 3Text proposed by the CommissionAmendment-1d. Article 3 is replaced by the following:“Article 3Guidelines1. In consultation with the MemberStates and assisted by the AdvisoryCommittee on Safety, Hygiene andHealth Protection at Work, theCommission shall draw up guidelines onthe assessment of the chemical, physicaland biological agents and industrialprocesses considered hazardousfor thereproductive health of male and femaleworkers andfor the safety or health ofworkers within the meaning of Article2.These guidelines shall be reviewed andshall, from 2012, be updated at least everyfive years.The guidelines referred to in the firstsubparagraph shall also covermovements and postures, mental andphysical fatigue and other types ofphysical and mental stress connectedwith the work done by workers withinthe meaning of Article 2.2. The purpose of the guidelines referredto in paragraph 1 is to serve as a basisfor the assessment referred to inArticle 4(1).To this end, Member States shall bringthese guidelines to the attention of allemployers and allmale andfemaleworkers and/or their representativesandthe social partnersin the respectiveMember State.”
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JustificationIt is important to keep the guidelines up to date with recent developments and knowledge.Furthermore, health and safety risks exist for both men and women, and should be taken intoaccount more generally, as they are important even before the moment of conception.Amendment 34Proposal for a directive – amending actArticle 1 – point -1 e (new)Directive 92/85/EECArticle 4Text proposed by the CommissionAmendment-1e. Article 4 is replaced by the following:“Article 4Assessment,informationandconsultation
1.In the risk assessment carried outunder Directive 89/391/EEC the employershall include an assessment of thereproductive risks for male and femaleworkers.
2. For all activities liable to involve aspecific risk of exposure to the agents,processes or working conditions ofwhich a non-exhaustive list is given inAnnex I, the employer shall assess thenature, degree and duration of exposure,in the undertaking and/or establishmentconcerned, of workers within themeaning of Article 2and workers likelyto be in one of the situations referred to inArticle 2,either directly or by way of theprotective and preventive servicesreferred to in Article 7 ofDirective 89/391/EEC, in order to:- assess any risks to the safety or healthand any possible effect on the pregnancyor breastfeeding of workers within themeaning of Article 2and workers likelyto be in one of the situations referred to inArticle 2,
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- decide what measures should be taken.3.Without prejudice to Article 10 ofDirective 89/391/EEC, workers withinthe meaning of Article 2 and workerslikely to be in one of the situationsreferred to in Article 2 in theundertaking and/or establishmentconcerned and/or their representativesand the relevant social partnersshall beinformed of the results of the assessmentreferred to in paragraph 1 and of allmeasures to be taken concerning healthand safety at work.4. Appropriate measures shall be taken toensure that workers and/or theirrepresentatives in the undertaking orestablishment concerned may monitor theapplication of this Directive or may beinvolved in its application, in particularwith regard to the measures determinedby the employer which are referred to inparagraph 2, without prejudice to theemployer’s responsibility for determiningthose measures.5. Consultation and participation ofworkers and/or their representatives inconnection with matters covered by thisDirective shall take place in accordancewith Article 11 of Directive 89/391/EEC.”JustificationIt is essential to promote a preventive approach providing proper risk assessment at anyworkplace at which the employees are women and men of fertile age. Men and women alikemay be exposed, before fertilisation, to the trigger factors involved in the genetic mutationsand abnormalities that lead to infertility and chromosomal malformations and aberrations;the most severe effects, however, occur in the embryo. Paragraphs 4 and 5 are added, since inall other health and safety directives there are proper articles on information andconsultation of workers and their representatives.Amendment 35Proposal for a directive – amending actArticle 1 – point -1 f (new)Directive 92/85/EECArticle 5PE430.593v02-0024/97RR\430593EN.doc
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Text proposed by the Commission
Amendment-1f. Article 5 is amended as follows:(a) Paragraph 2 is replaced by thefollowing:“2. If the adjustment of her workingconditions and/or working hours is nottechnically and/or objectively feasible[...]the employer shall take thenecessary measures to move the workerconcerned to another job.”(b) Paragraph 3 is replaced by thefollowing:“3. If moving her to another job is nottechnically and/or objectively feasible[...] the worker concerned shall begranted leave in accordance withnational legislation and/or nationalpractice for the whole of the periodnecessary to protect her safety orhealth.”Justification
The current text of paragraphs 2 and 3 gives a far too wide opportunity to employers to arguethat they cannot adapt the workplace or offer an alternative job. By deleting the part ‘orcannot reasonably be required on duly substantiated grounds’ the protection of theemployment opportunities for women is increased, since less scope remains for the employerto argue that offering such alternatives is not technically or objectively feasible.Amendment 36Proposal for a directive – amending actArticle 1 – point -1 g (new)Directive 92/85/EECArticle 6 – paragraph 2 a (new)Text proposed by the CommissionAmendment-1g. The following paragraph is added toArticle 6:"2a. pregnant women shall, in addition,not be required to perform tasks such ascarrying and lifting heavy weights orRR\430593EN.doc25/97PE430.593v02-00
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tasks that are dangerous or exhausting orwhich pose health risks."JustificationPregnant workers should be exempted not only from activities exposing them to high risks butalso from tasks that involve major physical effort or pose health risks.
Amendment 37Proposal for a directive – amending actArticle 1 – point -1 h (new)Directive 92/85/EECArticle 7Text proposed by the CommissionAmendment-1h. Article 7 is replaced by the following:“Article 7Night work and overtime1. Member States shall take thenecessary measures to ensure thatworkers referred to in Article 2 are notobliged to perform night workand arenot obliged to work overtime:(a) during the 10 weeks prior to the duedate of childbirth;(b) during the remainder of the pregnancyshould it be necessary for the health ofthe mother or the unborn child;(c) during the entire period ofbreastfeeding.2. The measures referred to inparagraph 1 must entail the possibility,in accordance with national legislationand/or national practice, of:(a)transfer tocompatibledaytimework;or(b) leave from work or extension ofmaternity leave where such a transfer isnot technically and/or objectivelyfeasible[...].3. Workers wishing to be exempted fromnight work shall, in accordance with rulesPE430.593v02-0026/97RR\430593EN.doc
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laid down by the Member States, informtheir employer and, in the case referred toin paragraph 1(b), submit a medicalcertificate to the employer.4. For single parents and parents ofchildren with severe disabilities, theperiods referred to in paragraph 1 may beextended in accordance with theprocedures laid down by the MemberStates".
Amendment 38Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 1Text proposed by the Commission1. Member States shall take the necessarymeasures to ensure that workers within themeaning of Article 2 are entitled to aRR\430593EN.doc27/97
Amendment1. Member States shall take the necessarymeasures to ensure that workers within themeaning of Article 2 are entitled to aPE430.593v02-00
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continuous period of maternity leave of atleast18weeks allocated before and/or afterconfinement.
continuous period of maternity leave of atleast20weeks allocated before and/or afterconfinement.
JustificationMaternity leave of 20 weeks is long enough to enable women to breastfeed in comfort - whichshould be the only feeding method as recommended by the WHO - and it would give enoughtime to recover from confinement and enable a mother to forge a strong bond with her child.It is important that Member States which already have provision for longer periods ofparental leave for both parents can keep their generous conditions, without this affectingother Member States or diminishing the effect of this proposal for a directive prolonging thematernity leave across the EU.Amendment 39Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 1 a (new)Text proposed by the CommissionAmendment1a. With regard to the last four weeks ofthe period referred to in paragraph 1, anexisting scheme of family-related leaveavailable at national level may beconsidered to be maternity leave for thepurposes of this Directive, on conditionthat it provides overall protection toworkers within the meaning of Article 2 ofthis Directive that is adequate as regardsthe level set out in this Directive. In thiscase, the total period of leave grantedmust exceed the period of parental leaveprovided for in Directive 96/34/EC.JustificationMaternity leave of 20 weeks is long enough to enable women to breastfeed in comfort - whichshould be the only feeding method as recommended by the WHO - and it would give enoughtime to recover from confinement and enable a mother to forge a strong bond with her child.It is important that Member States which already have provision for longer periods ofparental leave for both parents can keep their generous conditions, without this affectingother Member States or diminishing the effect of this proposal for a directive prolonging thePE430.593v02-0028/97RR\430593EN.doc
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maternity leave across the EU.
Amendment 40Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 2Text proposed by the Commission2. The maternity leave stipulated inparagraph 1 shall include compulsory leaveof at least six weeks after childbirth. TheMember States shall take the necessarymeasures to ensure that workers within themeaning of Article 2 are entitled to choosefreely the time at which the non-compulsory portion of the maternity leaveis taken, before or after childbirth.Amendment2. The maternity leave stipulated inparagraph 1 shall include compulsoryfullypaid maternityleave of at least six weeksafter childbirth,without prejudice toexisting national laws which provide for aperiod of compulsory maternity leavebefore childbirth.The Member States shalltake the necessary measures to ensure thatworkers within the meaning of Article 2are entitled to choose freely the time atwhich the non-compulsory portion of thematernity leave is taken, before or afterchildbirth.The six-week period ofcompulsory maternity leave shall apply toall working women regardless of thenumber of days worked prior toconfinement.
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Amendment 41Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 2 a (new)Text proposed by the CommissionAmendment2a. This period may be shared with thefather, in accordance with the legislationof the Member State concerned if thecouple agrees and so requests.
Amendment 42Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 2 b (new)Text proposed by the CommissionAmendment2b. To protect the health of both motherand child, Member States shall take thenecessary measures to ensure thatworkers can decide freely and withoutcompulsion whether or not to take thenon-compulsory period of maternity leavebefore childbirth.
Amendment 43Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EEC.Article 8 – paragraph 2 c (new)Text proposed by the CommissionAmendment2c. The worker must indicate her chosenperiod of the non-compulsory portion ofthe maternity leave no later than onemonth before the date of commencementof such leave.
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Amendment 44Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 2 d (new)Text proposed by the CommissionAmendment2d. For multiple births the compulsoryperiod of maternity leave referred to inparagraph 2 shall be increased for eachadditional child in accordance withnational legislation.
Amendment 45Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 4Text proposed by the Commission4. Member States shall take the necessarymeasures to ensure that additional leave isgranted in the case of premature childbirth,children hospitalised at birth,childrenwith disabilities and multiple births. Theduration of the additional leave should beproportionate and allow the special needsof the mother and the child/children to beaccommodated.Amendment4. Member States shall take the necessarymeasures to ensure thatfully paidadditionalmaternityleave is grantedinspecific situations justified on medicalgrounds, such asin the case of prematurechildbirth, children with disabilities,mothers with disabilities, teenagemothers,multiple birthsor birthsoccurring within 18 months of theprevious birth.The duration of theadditionalmaternityleaveafterconfinementshould be proportionate andallow the special needs of the mother andthe child/children to be accommodated.Where national legislation and/or practiceprovide for maternity leave or parentalleave in excess of 20 weeks this can becounted towards any additional periods ofmaternity leave provided for under31/97PE430.593v02-00
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paragraphs 3 and 4.
Amendment 46Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 5Text proposed by the Commission5. Member States shall ensure that anyperiod of sick leave due to illness orcomplications arising out of pregnancyoccurring four weeks or more beforeconfinement does not impact on theduration of maternity leave.deletedAmendment
Amendment 47Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 5 a (new)Text proposed by the CommissionAmendment5a. Member States shall protect mothers’and fathers’ rights by ensuring that thereare special working conditions so as tohelp the parents of children withdisabilities.
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Amendment 48Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 5 b (new)Text proposed by the CommissionAmendment5b. This Directive also applies to self-employed workers, and Member Statesshall make the necessary adjustments totheir respective laws in order to guaranteeequal employment rights, as regardsmaternity leave.JustificationSelf-employed workers should not be treated differently from nor enjoy fewer rights thanemployees.Amendment 49Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 5 c (new)Text proposed by the CommissionAmendment5c. Member States shall adopt suitablemeasures for the recognition of postnataldepression as a serious illness, and shallsupport awareness campaigns aimed atdisseminating accurate information onthe illness and correcting the prejudicesand possible stigmatisation which it canstill attract.JustificationThe aim of this amendment is to raise Member States' awareness of the need for officialrecognition of postnatal depression as an illness, given that it affects 10-15% of women andhas significant repercussions for work and family life.Amendment 50
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Proposal for a directive – amending actArticle 1 – point 1 a (new)Directive 92/85/EECArticle 8 a (new)Text proposed by the CommissionAmendment1a. The following Article 8a is inserted"Article 8aPaternity leave1. Member States shall take the necessarymeasures to ensure that workers whoselife partner has recently given birth areentitled to a continuous period of non-transferable fully paid paternity leave ofat least two weeks, to be taken after theconfinement of the worker’s spouse orpartner within the period of the maternityleave;Member States that have not alreadyintroduced non-transferable fully paidpaternity leave to be taken within theperiod of the maternity leave on acompulsory basis for a continuous periodof at least two weeks after theconfinement of the worker’s spouse orpartner, are strongly encouraged toimplement it in order to promote equalparticipation of both parents in balancingfamily rights and responsibilities;2. Member States shall take the necessarymeasures to ensure that workers whoselife partner has recently given birth aregranted a period of special leaveincluding the unused portion of maternityleave in the case of death or physicalincapacity of the mother.”
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Amendment 51Proposal for a directive – amending actArticle 1 – point 1 b (new)Directive 92/85/EECArticle 8 b (new)Text proposed by the CommissionAmendment1b. The following Article 8b is inserted:“Article 8bAdoption leaveMember States shall take the necessarymeasures to ensure that the provisions ofthis Directive concerning maternity andpaternity leave also apply in the event ofadoption of a child of less than 12 monthsold."
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necessary measures to prohibit thedismissal and all preparations for adismissal of workers within the meaning ofArticle 2 during the period from thebeginning of their pregnancy to the end ofthe maternity leave provided for in Article8(1), save in exceptional cases notconnected with their condition which arepermitted under national legislation and/orpractice and, where applicable, providedthat the competent authority has given itsconsent.
necessary measures to prohibit thedismissal and all preparations for adismissal of workers within the meaning ofArticle 2 during the period from thebeginning of their pregnancy toat least sixmonths followingthe end of the maternityleave provided for in Article 8(1).Dismissal during that period shall be dulyjustified in writing,save in exceptionalcases not connected with their condition,which are permitted under nationallegislation and/or practice and, whereapplicable, provided that the competentauthority has given its consent.
Amendment 53Proposal for a directive – amending actArticle 1 – point 2Directive 92/85/EECArticle 10 – point 3 a (new)Text proposed by the CommissionAmendment3a. Member States shall take thenecessary measures to prohibitdiscrimination against pregnant womenin the labour market by creating equalopportunities for them with regard torecruitment, should they meet all therequirements for the applicable position.JustificationThe Member States should guarantee the equal access to the labour market for pregnantwomen, so that the pregnancy does not jeopardise the career and chances for professionalPE430.593v02-0036/97RR\430593EN.doc
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development of women only because hiring a pregnant worker presents an additional burdento the employer.Amendment 54Proposal for a directive – amending actArticle 1 – point 2Directive 92/85/EECArticle 10 – point 4 a (new)Text proposed by the CommissionAmendment4a. Member States shall take thenecessary measures to ensure that duringpaternity /co-maternity leave, workersenjoy the same protection from dismissalafforded in Article 1 to workers within themeaning of Article 2.
Amendment 55Proposal for a directive – amending actArticle 1 – point 2Directive 92/85/EECArticle 10 – paragraph 4 b (new)Text proposed by the CommissionAmendment4b. Member States shall be encouraged toadopt measures that ensure that a workermay choose to work part time for a periodof no longer than one year, with fullprotection from the possibility of dismissaland full rights to recover their full-timeposition and pay at the end of this period.JustificationThis measure can contribute to a more successful reconciliation of private, family andprofessional life, by allowing the worker to adapt better and more smoothly to her newsituation.
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Amendment 56Proposal for a directive – amending actArticle 1 – point 3 - point - a (new)Directive 92/85/EECArticle 11 – point 1Text proposed by the CommissionAmendment(-a) Point 1 is replaced by the following:“1. in the cases referred to in Articles 5,6 and 7, the employment rights relatingto the employment contract, includingthe maintenance of a payment to, and/orentitlement to anequivalentallowancefor, workers within the meaning ofArticle 2, must be ensured in accordancewith national legislation and/or nationalpractice;”JustificationEntitlements should be based on full pay, to prevent women losing out financially becausethey are mothers.
Amendment 57Proposal for a directive – amending actArticle 1 – point 3 – point aDirective 92/85/EECArticle 11 – paragraph 1aText proposed by the Commission1a.workers,within the meaning of Article2, whoareexcluded from work bytheiremployer who considersthemnot fit forwork without medical indication suppliedby the worker,shall,until the beginning ofthe maternity leave in the sense of Article8(2),receive a payment equivalent to theirfull salary.Amendment1a.a worker,within the meaning of Article2, whoisexcluded from work byheremployer who considershernot fit forwork without medical indication suppliedby the worker,may consult a doctor onher own initiative. If the doctor certifiesthe woman as fit to work, either theemployer must employ her again aspreviously, or she shall receive a paymentequivalent to her full salary.untilthebeginning of the maternity leave in the
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sense of Article 8(2),0JustificationIf the woman consults a doctor of her choice, this ensures clarity as to whether she is actuallysick or not. Only after clarifying the situation should further measures be taken.
Amendment 58Proposal for a directive – amending actArticle 1 – point 3 – point a a (new)Directive 92/85/EECArticle 11 – point 1 b (new)Text proposed by the CommissionAmendment1b. Member States shall take appropriatemeasures to ensure the health and safetyof pregnant workers, with regard toergonomic conditions, working time(including night work and change of job),work intensity, and increasing protectionagainst specific infectious agents andionising radiation.JustificationProtecting the health and safety of pregnant workers should be an important concern of thisdirective.
Amendment 59Proposal for a directive – amending actArticle 1 – point 3 – point a b (new)Directive 92/85/EECArticle 11 – point 2 – point bText proposed by the CommissionAmendment(ab) In point 2, point (b) is replaced by thefollowing:“(b) maintenance of a payment to,RR\430593EN.doc39/97PE430.593v02-00
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and/or entitlement to anequivalentallowance for, workers within themeaning of Article 2;”JustificationEntitlements should be based on full pay, to prevent women losing out financially becausethey are mothers.Amendment 60Proposal for a directive – amending actArticle 1 – point 3 – point a c (new)Directive 92/85/EECArticle 11 – point 2 – point b a (new)Text proposed by the CommissionAmendment(ac) In point 2, the following point (ba) isinserted:"(ba) the right of workers on maternityleave to receive automatically anyincrease of salary, where applicable,without temporarily having to terminatetheir maternity leave so as to benefit fromthe salary increase."JustificationIf there is a wage increase for the position of workers on maternity leave, it should come intoforce automatically for them, so they will not have to interrupt their maternity leave just to getthe higher salary and after that resume the leave. The administrative work of the employer inthat respect will also be reduced and simplified.Amendment 61Proposal for a directive – amending actArticle 1 - point 3 - point bDirective 92/85/EECArticle 11 – point 2 – point cText proposed by the Commission"c) the right of workers within the meaningof Article 2 to return to their jobs or toequivalent posts on terms and conditionsPE430.593v02-0040/97
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that are no less favourable to them and tobenefit from any improvement in workingconditions to which they would have beenentitled during their absence;"
that are no less favourable to them,withthe same pay, professional category andduties as they enjoyed prior to the periodof maternity leave,and to benefit from anyimprovement in working conditions towhich they would have been entitledduring their absence;and in exceptionalsituations relating to the restructuring orsubstantial reorganisation of theproduction process, that the worker candiscuss with her employer the impact ofsuch changes on her work situation and,indirectly, her personal situation;"
JustificationA post considered "equivalent" must offer the same pay, professional category and duties asbefore.This point is important because, should special circumstances arise (e.g. financial crises)which may be harmful to the situation of women on maternity leave and cause them to losetheir entitlements, their position at work may be threatened unless they examine with theemployer the implications of restructuring measures.Amendment 62Proposal for a directive – amending actArticle 1 – point 3 – point b a (new)Directive 92/85/EECArticle 11 – point 2 – point c a (new)Text proposed by the CommissionAmendment(ba) In point 2, following point (ca) isadded:"(ca) the maintenance for workers withinthe meaning of Article 2 of opportunitiesfor career development through educationalong with ongoing professional andadditional training with a view toconsolidating their career prospects;"JustificationThis is to ensure that the fact that women are mothers does not adversely affect their careerprospects. Employers should, in consultation with the workers concerned, take the necessaryeducation and training measures to ensure that the workers' career prospects are maintained.RR\430593EN.doc41/97PE430.593v02-00
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Amendment 63Proposal for a directive – amending actArticle 1 – point 3 – point b b (new)Directive 92/85/EECArticle 11 – point 2 – point c b (new)Text proposed by the CommissionAmendment(bb) In point 2, the following point (cb) isadded:"(cb) a period of maternity leave must notbe prejudicial to the worker's pensionrights and must be counted as a period ofemployment for pension purposes, andworkers must not suffer any reduction ofpension rights through taking maternityleave."JustificationIt is important to ensure that allowances paid to workers during maternity leave do notadversely affect their pension entitlements. Member States should prevent this fromhappening and provide compensation for any loss of pension rights.Amendment 64Proposal for a directive – amending actArticle 1 – point 3 – point cDirective 92/85/EECArticle 11 – point 3Text proposed by the Commission3. the allowance referred to in point 2(b)shall be deemedadequateif it guaranteesincome equivalent to the last monthlysalary or an average monthly salary,subject to any ceiling laid down undernational legislation. Such a ceiling maynot be lower than the allowance receivedby workers within the meaning of Article2 in the event of a break in activity ongrounds connected with the worker's stateof health.The Member States may layPE430.593v02-0042/97
Amendment3. the allowance referred to in point 2(b)shall be deemedequivalentif it guaranteesincome equivalent to the last monthlysalary or an average monthly salary.Workers on maternity leave shall be paidtheir full salary and the allowance shallbe 100% of the last monthly salary or theaverage monthly salary.The MemberStates may lay down the period over whichthis average monthly salary is calculated.
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down the period over which this averagemonthly salary is calculated.
Amendment 65Proposal for a directive – amending actArticle 1 – point 3 – point c a (new)Directive 92/85/EECArticle 11 – point 3 a (new)Text proposed by the CommissionAmendment(ca) The following point 3a is inserted:"3a. the allowance received by workerswithin the meaning of Article 2 shall notbe lower than the allowance received byworkers within the meaning of Article 2 inthe event of a break in activity on groundsconnected with the worker’s state ofhealth."JustificationStating that the allowance cannot be lower than health allowance ensures that the directivetakes into consideration those mothers who have very low salaries, as is particularly the casein new Member States.
Amendment 66Proposal for a directive – amending actArticle 1 – point 3 – point c b (new)Directive 92/85/EECArticle 11 – point 3 3 a (new)Text proposed by the CommissionAmendment(cb) The following point 3b is inserted:"(3b) Member States shall ensure thatworkers on maternity leave are entitled toRR\430593EN.doc43/97PE430.593v02-00
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receive automatically any increase ofsalary, if applicable, without temporarilyhaving to terminate their maternity leaveso as to benefit from the salary increase."JustificationIf there is a wage increase for the position of workers on maternity leave, it should come intoforce automatically for them, so they will not have to interrupt their maternity leave just to getthe higher salary and after that resume the leave. The administrative work of the employer inthat respect will also be reduced and simplifiedAmendment 67Proposal for a directive – amending actArticle 1 – point 3 – point c c (new)Directive 92/85/EECArticle 11 – point 4Text proposed by the CommissionAmendment(cc) Point 4 is repealed.JustificationIt is essential to remove the eligibility criterion of Article 11(4) of Directive 92/85/EEC if allwomen are to have the same right to paid maternity leave, in such a way as to comply withworker mobility and the EU's common principles of "flexicurity".It makes no sense for the Commission proposal to recognise the right to maternity leave yetpermit women to leave their jobs and lose their income if they do not meet the conditions forpaid maternity leave under national law.
68Proposal for a directive – amending actArticle 1 – point 3 – point d a (new)Directive 92/85/EECArticle 11 – point 5 a (new)
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Text proposed by the Commission
Amendment(da) The following point 5a is inserted:"5a. Member States shall take thenecessary measures to encourageemployers and to promote dialoguebetween the social partners to provide forreintegration and training support forworkers returning to work after maternityleave, where necessary and/or whererequested by the worker and in line withnational legislation."
Amendment 69Proposal for a directive – amending actArticle 1 – point 3 – point d b (new)Directive 92/85/EECArticle 11 – point 5 b (new)Text proposed by the CommissionAmendment(db). The following point 5b is inserted:"5b. The employer shall ensure that theworking time of pregnant workers takesaccount of the need for regular andextraordinary medical check-ups."JustificationThe medical check-ups are obligatory for pregnant women and extremely important for thenormal development of the foetus, therefore, the employer must take that into considerationand ensure flexibility in the working hours of the pregnant workers.Amendment 70Proposal for a directive – amending actArticle 1 – point - 3 – point d c (new)Directive 92/85/EECArticle 11 – point 5 c (new)Text proposed by the CommissionAmendment(dc) The following point 5c is inserted:RR\430593EN.doc45/97PE430.593v02-00
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"5c. Member States shall encourageemployers to set up childcare facilities forchildren of employees who are youngerthan three years old."JustificationThe lack of childcare facilities is an undeniable reality in the EU. This provision is essentialfor preventing women from giving up employment because of having small children to takecare of.Amendment 71Proposal for a directive – amending actArticle 1 – point 3 a (new)Directive 92/85/EECArticle 11 a (new)Text proposed by the CommissionAmendment3a. The following Article 11a is inserted:“Article 11aTime off for breastfeeding1. A mother who is breastfeeding herchild shall be entitled to a period of leavefor that purpose that shall be taken in twoseparate periods, each of which shall beof one hour, unless another arrangementhas been agreed with the employer,without losing any privileges connected toher employment.2. In the case of multiple births, the leavereferred to in paragraph 1 shall beincreased by 30 minutes for eachadditional child.3. In the case of part-time work, the leavereferred to in paragraph 1 shall bereduced in proportion to the normalworking hours, but shall not be less than30 minutes.4. In the case referred to in paragraph 3,the leave shall be taken for a period notexceeding one hour and, whereapplicable, for a second period to coverPE430.593v02-0046/97RR\430593EN.doc
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the remaining duration, unless anotherarrangement has been agreed with theemployer".
Amendment 72Proposal for a directive – amending actArticle 1 – point 3 b (new)Directive 92/85/EECArticle 11 b (new)
Text proposed by the Commission
Amendment3b. The following Article 11 b is inserted:"Article 11bPrevention of discrimination and gendermainstreamingMember States shall encourage employersthrough collective agreements or practice,to take effective measures to preventdiscrimination against women on thegrounds of pregnancy, maternity oradoption leave.Member States shall actively take intoaccount the objective of equality betweenmen and women when formulating andimplementing laws, regulations,administrative provisions, policies andactivities in the areas referred to in thisDirective."
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Article 12aBurden of proof(1) Member States shall take suchmeasures as are necessary in accordancewith their national judicial systems toensure that when persons who considerthat their rights under this Directive havebeen breached establish, before a court orother competent authority, facts fromwhich it may be presumed that there hasbeen such a breach, it shall be for therespondent to prove that there has beenno breach of the Directive.(2) Paragraph 1 shall not prevent theMember States from introducing rules ofevidence which are more favourable toplaintiffs.(3) Paragraph 1 shall not apply tocriminal proceedings.(4) Member States need not applyparagraph 1 to proceedings in which thecourt or competent body investigates thefacts of the case.(5) Paragraphs 1 to 4 shall also apply toany legal proceedings commencedaccording to Article 12.JustificationDiscrimination on grounds of pregnancy already fulfils the criteria for sex discrimination.The existing reversal of the burden of proof enshrined in Directive 2006/54/EEC can also bebrought to bear.Amendment 74Proposal for a directive – amending actArticle 1 – point 4 a (new)Directive 92/85/EECArticle 12 a a (new)Text proposed by the CommissionAmendment4a. The following Article 12aa is inserted:PE430.593v02-0048/97RR\430593EN.doc
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"Article 12 aaPrevention of discriminationMember States shall, in accordance withtheir national traditions and practice, takeadequate measures to promote dialoguebetween the social partners at appropriatelevels with a view to putting in placeeffective measures to preventdiscrimination against women on thegrounds of pregnancy, maternity oradoption leave."
Amendment 75Proposal for a directive – amending actArticle 1 – point 5Directive 92/85/EECArticle 12 bText proposed by the CommissionMember States shall introduce into theirnational legal systems such measures as arenecessary to protect individuals from anyadverse treatment or adverse consequenceresulting from a complaint they havelodged or proceedings they have initiatedwith the aim of enforcing compliance withthe rights granted under this Directive.AmendmentMember States shall introduce into theirnational legal systems such measures as arenecessary to protect individualsincludingwitnessesfrom any adverse treatment oradverse consequence resulting from acomplaint they have lodged or proceedingsthey have initiated with the aim ofenforcing compliance with the rightsgranted under this Directive.
JustificationExtending protection from reprisals to witnesses makes it possible to ensure that they are freeto give reliable testimony in complaints proceedings without fear of any discriminationagainst them.
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Proposal for a directive – amending actArticle 1 – point 6Directive 92/85/EECArticle 12 cText proposed by the CommissionMember States shall lay down the rules onpenalties applicable to breaches of nationalprovisions adopted pursuant to thisDirective, and shall take all measuresnecessary to ensure that they are applied.Penalties may comprise payment ofcompensation,which may not be limitedby the fixing of a prior upper limit,andmust be effective, proportionate anddissuasive.AmendmentMember States shall lay down the rules onpenalties applicable to breaches of nationalprovisions adopted pursuant to thisDirective, and shall take all measuresnecessary to ensure that they are applied.Penalties may comprise payment ofcompensation and must be effective,proportionate and dissuasive.
JustificationAn EU ban on limiting compensation claims disproportionately restricts Member States’freedom to adopt their own rules and forces them to adopt detailed provisions that are not inline with their own judicial law.
Amendment 77Proposal for a directive – amending actArticle 1 – point 7Directive 92/85/EECArticle 12 dText proposed by the CommissionMember States shall ensure that the bodyor bodies designated under Article 20 ofDirective 2002/73/EC as recast byDirective 2006/54/EC for the promotion,analysis, monitoring and support of equaltreatment of all persons withoutdiscrimination on grounds of sex shall becompetent in addition for issues fallingwithin the scope of this Directive, wherethese issues pertain primarily to equaltreatment and not to the worker's healthand safety.PE430.593v02-0050/97
AmendmentMember States shall ensure that the bodyor bodies designated under Article 20 ofDirective 2002/73/EC as recast byDirective 2006/54/EC for the promotion,analysis, monitoring and support of equaltreatment of all persons withoutdiscrimination on grounds of sex shall becompetent in addition for issues fallingwithin the scope of this Directive, wherethese issues pertain primarily to equaltreatment and notsolelyto the worker'shealth and safety.RR\430593EN.doc
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Amendment 78Proposal for a directive – amending actArticle 2 – paragraph 1 a (new)Text proposed by the CommissionAmendment1a. Member States may adopt preventiveand monitoring measures for theprotection and safety at work of pregnantworkers and mothers of newly-bornchildren.JustificationWorkplace stress can have an adverse psychological affect on pregnant women and mothersof newly-born infants and can have repercussions for the foetus or infant.Amendment 79Proposal for a directive – amending actArticle 2 – paragraph 2 b (new)Text proposed by the CommissionAmendment2b.The provisions laid down in thisDirective shall be incorporated into thetext of collective and individual workcontracts in the Member States.JustificationWomen workers very often do not avail themselves of their rights because they do not knowthey are protected by the law. If those rights are referred to in their contracts, the nature ofthe applicable legislation becomes more transparent.Amendment 80Proposal for a directive – amending actArticle 4 – paragraph 1Text proposed by the Commission1. Member States and national equalitybodies shall communicate to theRR\430593EN.doc51/97
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Commission, by [five years after adoption]at the latest and everyfiveyears thereafter,all the information necessary for theCommission to draw up a report to theEuropean Parliament and the Council onthe application of Directive 92/85/EEC asamended by this Directive.
Commission, by [three years afteradoption] at the latest and everythreeyears thereafter, all the informationnecessary for the Commission to draw up areport to the European Parliament and theCouncil on the application of Directive92/85/EEC as amended by this Directive.
Amendment 81Proposal for a directive – amending actArticle 4 – paragraph 2Text proposed by the Commission2. The Commission’s report shall takeaccount, as appropriate, of the viewpointsof the social partners and relevant non-governmental organisations. In accordancewith the principle of gendermainstreaming, the report shallinter aliaprovide an assessment of the impact onwomen and men of the measures taken. Inthe light of the information received, thereport shall, where necessary, includeproposals to revise and updateDirective 92/85/EEC as amended by thisDirective.Amendment2. The Commission’s report shall takeaccount, as appropriate, of the viewpointsof the social partners and relevant non-governmental organisations. In accordancewith the principle of gendermainstreaming, the report shallinter aliaprovide an assessment of the impact onwomen and men of the measures taken.Itshall also include an impact studyanalysing the social and economic effects,in the European Union as a whole, of afurther increase in the duration ofmaternity leave and of the implementationof paternity leave.In the light of theinformation received, the report shall,where necessary, include proposals torevise and update Directive 92/85/EEC asamended by this Directive.
JustificationThe costs and benefits entailed, for both women and society, in substantially longer maternityleave need to be gauged accurately. Facilitating breastfeeding could, among other things,lead to savings in health spending and have a beneficial impact on the environment andhousehold purchasing power.
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EXPLANATORY STATEMENT1. IntroductionThe Commission proposal amending Directive 92/85/EEC is intended to guarantee bettersafety and health for pregnant workers and those who have recently given birth or arebreastfeeding. This legislative initiative, which forms part of the Commission’s ‘work-lifebalance package’ is one of the measures aimed at promoting gender equality on the labourmarket.The revision of Directive 92/85/EEC can be endorsed, although the Commission’s proposedreworking of the text falls short of what would be desirable both from the point of view ofreducing the inequalities between men and women on the labour market and as regardsactively promoting a work-life balance; the main shortcoming lies in the failure to encourageparenting based on shared responsibilities.The addition of Article 141 of the EC Treaty to the legal basis in the proposal now underconsideration – the proposal thus has a combined legal basis consisting of Article 137(2),providing for workers’ safety and health to be protected, and Article 141(3) of the TEC,relating to the promotion of equal opportunities for men and women – makes the directiveconceptually better balanced. The broader legal basis can, in addition, encompass provisionsto protect mothers and fathers, their roles being of paramount social value.The amendments made by the proposal relate specifically to longer minimum maternity leave,which is increased from 14 to 20 weeks; the principle that the allowance paid to a worker onmaternity leave should be equivalent to her full salary; workplace safety and healthrequirements; and a ban on dismissal.2. Parenting based on shared responsibilitiesOne of the priorities laid down in the EU’s social agenda is the need to promote policies tofacilitate a work-life balance, aimed at women and men alike. A better work-life balance isalso one of the six priority areas of action set out in the 2006-2010 ‘Roadmap for equalitybetween women and men’.The EU is at present facing a demographic challenge arising from low birth rates and thegrowing proportion of older people. Better provisions to promote a work-life balance are alsoa way of coping with a dwindling population.However, gender stereotypes in society are proving to be long lived and consequently denyingwomen access to employment and, above all, good jobs. Women, and not men, are stillconsidered to be those primarily responsible for looking after children and other dependants;quite often they are forced to choose between motherhood and career success. In many casesthey are perceived to be ‘high-risk’ or ‘second-rate’ workers, or as ‘nuisances’, given thatthey are highly likely to become pregnant and make use of their entitlement to maternityleave. It is essential, therefore, that the new leave arrangements should break with, rather thanreinforcing, the stereotypes existing in society.RR\430593EN.doc53/97PE430.593v02-00
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Legislation on maternity, paternity and parental leave already exists in several Member States,however at EU level there is a Directive on maternity (Directive 92/85/EEC) and one onparental leave (Directive 96/34/EC) but no legislation has been produced on paternity leave.Motherhood and fatherhood are fundamental rights and central to social stability.Directive 92/85/EEC should accordingly be revised for the benefit of working women byprotecting the roles of mothers and fathers, not least through measures to encourage men toshoulder family responsibilities.The involvement of parents in a child’s life, right from the start, is vital for the child’s healthyphysical, emotional, and mental development. That is why Community legislation should alsoprovide specifically for non-transferrable paid paternity leave, to be taken at the same time asmaternity leave. Adoption should likewise carry an entitlement to leave, which the twopartners in the couple concerned should split between them.3. Duration of maternity leaveGiven that 18 weeks’ maternity leave is already granted in many Member States, the four-week increase (from the present 14 weeks to the proposed 18) amounts to a modest changethat is unlikely to have a great impact on the Member States’ current legislation. TheAdvisory Committee on Equal Opportunities for Women and Men is recommending that theleave be increased to 24 weeks.The rapporteur believes that 20 weeks’ leave would be appropriate to the extent that it wouldgive women time to recover from their confinement, encourage breastfeeding, and enable amother to forge a strong bond with her child. A longer period might diminish women’sprospects of returning to the labour market.The minimum post-natal leave should likewise be raised to six weeks so as to encouragewomen to breastfeed for as long as possible.As it happens, the Commission proposal does not contain any provisions on breastfeeding.Bearing in mind WHO recommendation A55/15, which points to the importance ofbreastfeeding in the first months of life, and Article 10 of ILO Convention No 183, datingback to 2000, which recommends that, to allow time for breastfeeding, a woman should beentitled to one or more breaks a day or to shorter working hours, the rapporteur maintains thatworking time should be reduced in order to accommodate breastfeeding, without entailing anyloss of privileges.4. PayAs laid down in the Commission proposal, women on maternity leave should be paid their fullsalary, that is to say, an amount equivalent to their last monthly salary or the average monthlysalary. That provision, however, is not mandatory.Payment of their full salary to those on leave is a way of ensuring that women will not loseout financially because they have decided to have children. The salary in question should benot less than 85% of the last or average monthly salary. This constitutes an appropriate ceilingprotecting families – especially those headed by a single parent – from the risk of poverty andPE430.593v02-0054/97RR\430593EN.doc
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social exclusion.5. No dismissalThe changes relating to the ban on dismissal and to workers’ rights are welcome on the whole.The same entitlements should extend to fathers on paternity leave.Under the Commission proposal, a worker may not be dismissed in the time-span from thestart of her pregnancy to six months after the end of her maternity leave; the latter periodshould be increased to a year, given that women will in many cases have to adapt to a newwork situation and will need time to do so.The rapporteur supports the changes made in this area, including the right for a worker toreturn to the same job or an equivalent post and benefit from any improvements brought aboutin her absence. On the other hand, she takes the view that safeguards will be required in orderto ensure that a post termed ‘equivalent’ will be essentially the same as the former job, both asregards the salary paid and as regards the duties to be performed.6. Flexible working patternsThe rapporteur believes it to be important that a worker, once she has come back frommaternity leave, should be allowed to ask her employer to change her working hours or formof work. Employers will be required not just to consider such requests, but to approve themwhen they are justified.The same right should be applied to fathers so as to encourage women and men to sharefamily responsibilities. The fact that more women than men make use of these provisionscreates an imbalance between the sexes, leading to adverse repercussions in terms of women’ssituation at work and their economic dependence.The rapporteur considers it essential to add a provision whereby pregnant workers and thosewho had recently given birth or were breastfeeding, along with fathers on paternity leave,would be entitled to refuse to work overtime.7. Health and safetyRisk assessment is central to this proposal. However, there are no preventive measures aimedat eliminating such risks as might be posed to reproduction. Employers do not have to takeany steps until they have been informed that a worker is pregnant, which normally happens inabout the seventh or eighth week. However, the risk of foetal malformation is greatest duringthe first weeks of gestation.Men and women alike may be exposed, before fertilisation, to the trigger factors involved inthe genetic mutations and abnormalities that lead to infertility and chromosomalmalformations and aberrations; the most severe effects, however, occur in the embryo.The rapporteur considers this to be a cause of concern and takes the view that pregnantworkers and those who have recently given birth or are breastfeeding cannot be dealt with inisolation. It is essential to promote a preventive approach providing for proper risk assessmentRR\430593EN.doc55/97PE430.593v02-00
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at any workplace at which the employees are women and men of fertile age.8. Impact studyThe rapporteur believes that the costs and benefits entailed, for both women and society, insubstantially longer maternity leave need to be gauged accurately. Facilitating breastfeedingcould, among other things, lead to savings in health spending and have a beneficial impact onthe environment and household purchasing power.The rapporteur considers paternity leave as a benefit which is provided for the fathers,however in effect it is shared by the entire family, in particular the child who benefits mostfrom the presence of both parents. The provision of paternity leave ensuring a sharedresponsibility of childcare in the early stages of a child's life could have a favourable effect onhealth spending by improving the quality of life and well-being of the mother and the child.
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OPINION OF THE COMMITTEE ON LEGAL AFFAIRSON THE LEGAL BASIS
29.1.2010Ms Eva-Britt SvenssonChairCommittee on Women's Rights and Gender EqualityBRUSSELS
Subject:
Opinion on the legal basis of the Proposal for a Directive of the EuropeanParliament and of the Council amending Council Directive 92/85/EEC on theintroduction of measures to encourage improvements in the safety and health atwork of pregnant workers and workers who have recently given birth or arebreastfeeding (COM(2008)0637 – C6-0340/2008– 2008/0193(COD))
Dear Ms Svensson,By letter of 12 January 2010 you asked the Committee on Legal Affairs pursuant toRule 37(2) to consider whether the legal basis of the above Commission proposal wasappropriate.The committee considered the above question at its meeting of 28 January 2010.The legal basis proposed by the Commission for the proposed directive is Article 137(2) ECcombined with Article 141(3). Following the entry into force of the Lisbon Treaty, that legalbasis becomes Article 153(2) and Article 157(3) TFEU.Certain members of the lead committee have tabled amendments deleting the reference in thepreamble to the proposed directive to Article 157(3). Accordingly, the question is whetherthe proposed directive may be based on Article 153 alone.From the procedural point of view, the combination of the two articles does not raise anyproblems, since the ordinary legislative procedure applies in each case. The fact that Article153(2) requires both the Economic and Social Committee and the Committee of the Regionsto be consulted whereas Article 157 requires only consultation of the former committee is nota problem.I.The relevant articles of the TFEUArticle 1571. Each Member State shall ensure that the principle of equal pay for male and femaleRR\430593EN.doc57/97PE430.593v02-00
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workers for equal work or work of equal value is applied.2. For the purpose of this Article, ‘pay’ means the ordinary basic or minimum wage or salaryand any other consideration, whether in cash or in kind, which the worker receives directly orindirectly, in respect of his employment, from his employer.Equal pay without discrimination based on sex means:(a) that pay for the same work at piece rates shall be calculated on the basis of the same unitof measurement;(b) that pay for work at time rates shall be the same for the same job.3. The European Parliament and the Council, acting in accordance with the ordinarylegislative procedure, and after consulting the Economic and Social Committee, shall adoptmeasures to ensure the application of the principle of equal opportunities and equal treatmentof men and women in matters of employment and occupation, including the principle of equalpay for equal work or work of equal value.4. …Article 1531. With a view to achieving the objectives of Article 151, the Union shall support andcomplement the activities of the Member States in the following fields:(a) improvement in particular of the working environment to protect workers' health andsafety;(b) working conditions;(c) social security and social protection of workers;(d) protection of workers where their employment contract is terminated;(e) the information and consultation of workers;(f) representation and collective defence of the interests of workers and employers, includingcodetermination, subject to paragraph 5;(g) conditions of employment for third-country nationals legally residing in Union territory;(h) the integration of persons excluded from the labour market, without prejudice to Article166;(i) equality between men and women with regard to labour market opportunities andtreatment at work;
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(j) the combating of social exclusion;(k) the modernisation of social protection systems without prejudice to point (c).2. To this end, the European Parliament and the Council:(a) ….(b) may adopt, in the fields referred to in paragraph 1(a) to (i), by means of directives,minimum requirements for gradual implementation, having regard to the conditions andtechnical rules obtaining in each of the Member States. Such directives shall avoid imposingadministrative, financial and legal constraints in a way which would hold back the creationand development of small and medium-sized undertakings.The European Parliament and the Council shall act in accordance with the ordinarylegislative procedure after consulting the Economic and Social Committee and the Committeeof the Regions.…..3. …II.Choice of legal basis by the Commission
It is noted that the Commission justifies its recourse to a dual legal basis in the followingterms:The proposal is based on Articles 153(2) and 157(3) of the TFEU. Although Directive92/85/EEC is based on ... [what is now Article 153 TFEU] and is an individual Directiveunder the framework of the Directive on Health and Safety (Directive 89/391/EEC), Article157 EC is added to the legal base of this proposal. Maternity leave is essential for theprotection of the health and safety of pregnant workers or workers who have recently givenbirth. The protection from dismissal or discrimination due to pregnancy or motherhood isinstrumental for the protection of women's health and safety, as well as the remuneration ofmaternity leave. But the rules pertaining to maternity leave, its length, remuneration and therights and obligations of women taking maternity leave or returning from it are alsointrinsically linked to the application of the principle of equal opportunities and equaltreatment between women and men as established in Article 157(3). Therefore the legal basesfor this proposal are combined1.III.Analysis
The proposal for a directive under consideration seeks to amend an earlier directive(98/85/EEC), which was based on Article 118a, the precursor of the Article 153 TFEU. Atthat time the question of equality as between men and women was not present in Article 118abut tackled in Article 119, where, however, it was dealt with only in terms of equal treatmentfrom the point of view of pay.Since the Treaty of Amsterdam, equality as between men and women has found its place inthe Treaties. On the one hand, it is now set out as a general principle in the second1
The Treaty references have been updated to take account of the entry into force of the Lisbon Treaty.
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subparagraph of Article 3(3) TEU, which provides that the Union“shall combat socialexclusion and discrimination, and shall promote social justice and protection, equalitybetween men and women, solidarity between generations and protection of the rights of thechild”.This is reinforced by Article 8 TFEU:“In all its activities, the Union shall aim toeliminate inequalities, and to promote equality, between men and women”.The principlefinds expression in the field of social policy in Articles 153(1)(i)(“equality between men andwomen with regard to labour market opportunities and treatment at work”)and 157, inparticular paragraph 3 (adoption of measures to“ensure the application of the principle ofequal opportunities and equal treatment of men and women in matters of employment andoccupation, including the principle of equal pay for equal work or work of equal value”).In the proposal for a directive, the Commission has added to the original legal basis of what isnow Article 153 TFEU, dealinginter aliawith workers’ health and safety and equalitybetween men and women with regard to treatment at work, Article 157(3), which relatesspecifically to equal treatment of men and women in matters of employment and occupation.Consequently, the Commission seeks to show that the proposed directive concerns, not onlythe health and safety at work of pregnant workers and workers who have recently given birthor are breastfeeding, as mentioned in the title, but also the rules pertaining to maternity leave,its length, remuneration and the rights and obligations of women taking maternity leave orreturning from it, which in its view are also intrinsically linked to the application of theprinciple of equal opportunities and equal treatment between women and men as establishedin Article 157(3). This is reflected in recital 2 of the proposed directive, which justifies theadditional legal basis in the following terms:“Since this Directive addresses not only thehealth and safety of workers who are pregnant, or have recently given birth or arebreastfeeding, but also, inherently, issues of equal treatment, such as the right to return to thesame or an equivalent working place, the rules on dismissal and employment rights, or onbetter financial support during the leave, Article 153 and 157 are combined to form the legalbase for this Directive”.The relevant amendments tabled in the Committee on Women’s Rights and Gender equalityare justified as follows:“Directive 92/85/EEC is concerned – given the biological condition of women during andafter pregnancy and in the light of established ECJ case law – with improving legalprovisions to protect the health at work of pregnant workers and workers who have recentlygiven birth or are breastfeeding. No one other than a working mother can take leave to givebirth. This directive does not thus affect the issues of equal opportunities and equal treatmentin matters of employment and occupation or of achieving a balance between work and privateand family life. Article [157] should not be cited”(Amendments 74 and 77, Anna Záborská).“Le choix de la base juridique fondée sur l'article [157] du Traité ... pose problème. Ladirective de 1992 était fondée sur l'article [153] du Traité CE relatif à la protection de lasanté et de la sécurité des travailleurs. L'article [157] concerne le principe de l'égalité detraitement et de l'égalité des chances entre hommes et femmes. Or ajouter cette base juridiquejustifie l'extension du champ d'application de la directive au-delà du congé maternité (etnotamment au congé parental, de paternité, d'adoption, etc.) et réduit les questions relativesau congé maternité à un strict respect du principe d'égalité hommes-femmes”(Amendments75 and 78, Philippe Juvin).PE430.593v02-0060/97RR\430593EN.doc
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Two questions arise with regard to these arguments. First, it is necessary to determine whetheror not there exists a direct link between the notion of equality as between men and women andthe object of the directive.If this question is answered in the affirmative, it will then be necessary to determine whetherit is appropriate to add Article 157(3) to Article 153(2) given that the question of equality asbetween men and women as regards employment and work is present in both those articles.Is there a link between the object of the directive and the question of equality as between menand women?The directive in question is intended to protect women workers when they are pregnant, haverecently given birth or are breastfeeding. Since, in the nature of things, those situations arepeculiar to female biology, the directive concerns only women or contains provisions solelyintended for women. At first glance, the argument that the directive does not deal withquestions of male/female equality seems tenable, but this is not the case.According to the case-law, the choice of legal basis for a measure"may not depend simply onan institution’s conviction"1but "mustbe based on objective factors which are amenable tojudicial review .... Those factors include in particular the aim and content of the measure"2.Indeed, having regard to a large range of evidence found both in the directive itself and in itsgeneral context, it is manifestly clear that the directive is profoundly linked to the question ofmale/female equality. To hold the contrary would make no sense and would amount to amisunderstanding of the sense and aim of the proposed directive.1. Definitions and general frameworkIt seems that the misunderstanding is rooted in the notion of equality. Article 157(3) providesfor the adoption of measures“to ensure the application of the principle of equal opportunitiesand equal treatment of men and women in matters of employment and occupation”.The veryformulation of that article indicates that equality may assume several forms. In this case, it isa question of equality of treatment and equality of opportunity. Men and women must notonly be treated equally, they must also be afforded the same opportunities, or not bedisadvantaged or have lesser or greater opportunities on account of the fact that they belong toa particular sex.The concept of equality is therefore closely connected to that of discrimination or, rather, ofnon-discrimination. In an article entitledLa notion de discrimination dans le droit fran§ais etle droit européen,Daniel Lochak provides an interesting definition of the neighbouring butyet different notions of inequality and discrimination. He states in the first place that the twonotions are indissociable in so far as the question of discrimination is to be seen in the broadercontext of the will to combat discrimination3. He argues that inequality is a “fact situation”12
Case 45/86Commissionv.Council ("Generalised Tariff Preferences")[1987] ECR 1493, at para. 11.Case C-300/89Commissionv.Council ("Titanium Dioxide")[1991] ECR I-2867, at para. 10.3D, Lochak, "La notion de discrimination dans le droit fran§ais et le droit européen" inEgalité des sexes : ladiscrimination positive en question,p. 40.
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resulting either from factors inherent to individuals or to external factors. For its part,discrimination is related to an “act of another” and is the “doing of an agent”. In this case, byprotecting a specific category, namely women who are pregnant, have just given birth or arebreastfeeding, the directive prevents the emergence of discriminatory conduct by making itpossible for women not to suffer a disadvantage on account of their biological condition.The Court of Justice defines discrimination as"the application of different rules tocomparable situations or the application of the same rule to different situations”1. On thebasis of that same definition, the Court found against the general ban in France on night workfor women on the ground that men and women were in the same situation as regards thepotential detrimental consequences of night work. As a result, having regard to the principleof equality, women could not be dispensed from night working on the sole ground of theirsex. On the other hand, the Court held that the ban was valid in the case of pregnant orbreastfeeding workers since, during that time, those women were in a situation different fromthat of their male colleagues.On that reasoning, owing to their biological situation, women when they are pregnant, haverecently given birth or are breastfeeding are in a different situation from that of men.Consequently, it can be seen that it is the application of similar rules to different situationsthat is discriminatory, whilst the application of rules specific to women at those times isjustified by the fact that they are in a different situation from that of men. Far from causing itto be remote from the principle of equality, the fact that the directive concerns only womentestifies to the fact that it applies the principle of equality in so far as it enables women, thanksto its specific rules, not to be disadvantaged on account of their specific situation. Thedirective is a response to discrimination and to thede factoinequality springing from thebiological condition of women workers, as compared with men. By specifically protectingwomen who are pregnant, have recently given birth or are breastfeeding, the directive seeks toenable women to receive treatment equal to that of men and to be afforded more genuineequality of opportunities.Whilst inequality is akin to a fact situation, equality may correspond to ade factoor ade juresituation, that is to say to substantive or formal equality. The argument that there is no linkbetween the directive and male/female equality is based on the concept of formal equality.According to that argument, a measure is taken by virtue of male/female equality only whereit imposes the same conduct toward both sexes or prohibits the adoption of different conducton account of the sex of the person concerned. Paragraph 1 of Article 157 falls into thiscategory by laying down the principle of“equal pay for male and female workers”.Today,there are numerous provisions laying down the principle of formal equality between men andwomen and prohibiting, in particular in the sphere of employment and work, any form ofdiscrimination on the basis of sex.However, the statistics clearly show that whilst legal equality has been plainly prescribed,there exists flagrant inequality between men and women, as regards employment, treatmentand pay. Equality between men and women at work has therefore far from been attained. It isfor this reason that both national and European policies have been observed to shift towards1
Case C-342/93Gillespie and Othersv.Northern Health and Social Services Boards[1996] ECR I-475, para.16; Case C-394/96Brownv.Rentokil Ltd[1998] ECR I-4185, para. 30.
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seeking, not only formal equality, but also real, substantive equality. Some have observedthat, as a result, there has been a shift from equal treatment to equal opportunities, from aprinciple of strict equality to the promotion of positive actions. That need was set out inGeneral Recommendation No 25, on Article 4, paragraph 1, of the Convention on theElimination of All Forms of Discrimination against Women, on temporary special measures:“[A] purely formal legal or programmatic approach is not sufficient to achieve women’s defacto equality with men, … substantive equality. In addition, the Convention requires thatwomen be given an equal start and that they be empowered by an enabling environment toachieve equality of results. It is not enough to guarantee women treatment that is identical tothat of men. Rather, biological as well as socially and culturally constructed differencesbetween women and men must be taken into account. Under certain circumstances, non-identical treatment of women and men will be required in order to address such differences.”1It is in this context of social policy that the rules laid down by the directive have to beunderstood as protecting women who are pregnant, have just given birth or are breastfeeding.Admittedly, the directive contains rules which, by their nature, are applicable only to women,but those rules satisfy a imperative, on the one hand, of non-discrimination and, on the other,of achieving substantive equality, while also helping to protect the health and safety of thewomen workers concerned.2. Evidence from the content of the directive(a) From the recitalsThe recitals clearly indicate that the adoption of the directive is to be seen in the context of theprotection of women who are pregnant, have just given birth or are breastfeeding against anydiscrimination linked to their condition and seeks in this way to help to achieve the principleof male and female equality in the sphere of employment and work.In this way, recital 3 states that the directive addresses“inherently, issues of equaltreatment”.Recitals 4 and 5 point out that equality between men and women is a fundamentalprinciple which has to guide and permeate the actions of the EU. Recital 7 includes thedirective in the category of legislation on“gender equality”.As for recitals 11 to 17, theyrefer to the case-law of the Court of Justice on the protection of pregnant women againstdiscrimination pursuant to the principle of equality of treatment. Having regard to the recitalsas a whole, it is certain from the point of view of their content that they demonstrate that thedirective is directly connected with the promotion of sex equality at work.(b) From the enacting termsSince the proposal for a directive under consideration is intended to amend an existingdirective, this analysis should take account not only of the articles added or amended but alsoof such articles of Directive 92/85/EEC as will remain in application.
1
UN Committee on the Elimination of Discrimination against Women (CEDAW), General Recommendation No25 - thirtieth session, 2004 Article 4 paragraph 1 - Temporary special measures.
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Some of the articles are directly connected to workers’ health and safety. This is the case ofArticles 3 to 8. These are concerned with the assessment of hazardous chemical, physical andbiological agents (Art. 3), the obligation to assess risks and provide information about them(Art. 4), action further to assessment (Arts 5 and 6), the ban on night work (Art. 7) andmaternity leave (Art. 8).On the other hand, the following articles relate directly to the protection of women againstdiscrimination resulting from their status as women who are pregnant, have recently givenbirth or are breastfeeding. Accordingly, Article 9 protects women workers against loss of paywhen they take time off for ante-natal examinations, Article 10 prohibits dismissal duringpregnancy and maternity leave, Article 11 guarantees the worker her rights and advantagesflowing from her contract of employment and Article 12 deals with the defence of the rightsdescribed above.This specific analysis of the content of the enacting terms suggests that the directive has infact a dual aim, that of protecting the health and safety of women workers and of guaranteeingthem equal treatment.(3) Evidence from the documents not forming part of the directiveAll the documents accompanying the proposal for a directive include it wholeheartedlyamongst measures for promoting male/female equality at work.(a) Explanatory statementIn order to justify the adoption of the new directive, the Commission takes care to call to mindits context, namely Union action designed to reconcile work and private and family life, equalopportunities of men and women on the employment market and combating discriminationsuffered by pregnant women as regards employment and work. In this connection, it lists thevarious instruments existing in this area, such as the Roadmap for equality between womenand men 2006-2010, and a number of resolutions of the European Parliament. Mention is alsomade of the fact that the Advisory Committee on Equal Opportunities for Women and Menwas consulted.(b) Impact assessmentThe impact assessment provides us with interesting details of the type of equality targeted bythe range of measures contained in the proposal for a directive. It indicates that:"theobjectives of any action would be to achieve more gender equality in labourmarket participation rates and a better reconciliation of professional, privateand family lives."This statement conflicts directly with the justification for the various amendments tabled tothe effect that “Thisdirective does not thus affect the issues of equal opportunities and equaltreatment in matters of employment and occupation or of achieving a balance between workand private and family life.”
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The measures designed to protect women when they are pregnant, have recently given birth orare breastfeeding are directly concerned with reconciling work with family and private life.Those measures allow a woman to choose to occupy herself with her family life without herworking life suffering. Logically and formally, it may be said that this question also concernsmen; however, statistics show that the development of a family life disadvantages men muchless in their professional lives, since women assume a significantly greater part of theresponsibility for family life. The impact assessment quotes in this connection a Commissioncommunication concerned with countering the pay gap between women and men:"Parenthoodpermanently reduces the employment rate of women but not that ofmen. As a result women have careers which are more disjointed, slower andshorter and thus less financially regarding."1Consequently, in order to establish male/female equality at work and equality of opportunitiesin careers, measures to promote reconciliation of professional and family life – even if someof them are addressed only to women – directly assist in creating a substantive equality,which has not yet been achieved.The measures set out in the proposal for a directive will therefore help, according to theimpact assessment, to produce equality of the sexes as regards their rate of participation in theemployment market. Indeed, it is argued that lengthening maternity leave may secure womengreater stability in the job which they held before pregnancy2. Thus the impact assessmentpredicts that a four-week increase in maternity leave may result in women being obliged lessoften to prolong their absence by taking parental leave. The grant of those additional weekswill enable mother and child to create a stronger bond while also enabling the mother morereadily to make child-care arrangements. The impact assessment states in this regard that "alonger maternity leave period could be a helpful way to bridge the time before childcare isavailable"3.Lastly, the provision of the proposal for a directive which will enable the worker to ask heremployer to make changes to her working hours and patterns4following her maternity leaveshould enable women to go back to full-time work and avoid being obliged to work parttime5. The employer is not obliged to grant the worker’s request, but it has been found thatthis type of provision – currently in force in the United Kingdom – has had a positive impacton keeping women in the job which they had before their child was born.63.Conclusion of the analysis
The analysis of both the proposal for a directive and the accompanying documents clearlyidentifies the link between the proposed directive and the principle of equality between menCommunication from the Commission to the European Parliament, the Council, the European Economic andSocial Committee and the Committee of the Regions of 18 July 2007 entitled “Tackling the pay gap betweenwomen and men” (COM(2007) 424 final), point 2-1.2Impact assessment report - SEC(2008) 2596, p. 31. See also p. 34.3Impact assessment report - SEC(2008) 2596, p.354Article 11(5) (added by the proposal for a directive).5Most part-time workers are women.6Impact assessment report - SEC(2008) 2596, p.331
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and women. Whilst that link exists, it remains nonetheless that it may seem hard to classifythe directive on the protection of women who are pregnant, have recently given birth or arebreastfeeding. This is because in substance it does not lay down measures applying both tomen and women, but only to the latter. On the other hand, it is not in the nature of a positivemeasure of the kind authorised by Article 157(4) TFEU. Positive measures enable specificmeasures to be taken to assist the under-represented sex in enjoying effective equality.However, such measures are temporary in nature and must cease to be when equality isattained. But equality between men and women with regard to pregnancy will never beattained since the biological condition of women puts them in a different situation than men.Some commentators classify such protective measures as exceptions to the principle ofequality, but it seems more correct to describe them as measures enabling effective equality tobe achieved between men and women in so far as they prevent discrimination against women(through the ban on dismissal, etc) and enable women through the obligations they impose(right to return to their job and to benefit by all the advantages linked to their contract ofemployment) to benefitde factofrom equal treatment and not to suffer the disadvantage oftheir condition as women, while granting them rights related to their specific needs (maternityleave). This is more correct because it emerges from the case-law of the Court of Justice in itsinterpretation of Article 2(3) of Directive 76/2071, which provides as follows:"3. This Directive shall be without prejudice to provisions concerning the protection ofwomen, particularly as regards pregnancy and maternity."In its judgment inHoffmann2and as consistently held thereafter3, the Court indicated, withparticular reference to that provision, that it recognised"the legitimacy, in terms of theprinciple of equal treatment, of protecting a woman's needs in two respects. First , it islegitimate to ensure the protection of a woman's biological condition during pregnancy andthereafter until such time as her physiological and mental functions have returned to normalafter childbirth ; secondly , it is legitimate to protect the special relationship between awoman and her child over the period which follows pregnancy and childbirth."4By indicating that that protection of women is legitimate"in terms of the principle of equaltreatment",the Court undeniably locates the proposal for a directive under consideration inthe context of the principle of equality, from which it cannot - unlike the authors of theamendments suggest - be dissociated.IV. Since Article 153(2)(b) already provides for the promotion of male/female equality,is the addition of Article 157(3) necessary?Ever since the entry into force of the Treaty of Amsterdam, equal treatment in the field ofsocial policy has appeared in two articles: what are now Article 153(1)(i) and Article 157(3)TFEU, which mention, respectively,"equality between men and women with regard to labourmarket opportunities and treatment at work"and"the principle of equal opportunities and1
Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatmentfor men and women as regards access to employment, vocational training and promotion, and workingconditions, OJ 1976 L 39, p. 40.2Case 184/83Hofmannv.Barmer Ersatzkasse[1984] ECR 3047.3See, for example, Case C-32/93Webbv.EMO Air Cargo[1994] ECR I-3567.4Hofmann,para. 25.
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equal treatment of men and women in matters of employment and occupation, including theprinciple of equal pay for equal work or work of equal value":Although those articles aresimilar in content, it is generally considered that Article 157 deals with the question ofequality specifically and more fully - from the question of equal pay (paras 1 and 2) to thelegality of positive actions in favour of the underrepresented sex with a view to"ensuring fullequality"(para. 4). For its part, Article 153 establishes a catalogue of fields in which theUnion has competence to act.V. ConclusionIn the light of the foregoing, it is considered that there is every justification for maintainingthe two legal bases of Article 153 and 157(3).At its meeting of 28 January 2010 the Committee on Legal Affairs accordingly decided,unanimously, by 21 votes in favour with no abstentions1, to recommend to you as follows: theProposal for a Directive of the European Parliament and of the Council amending CouncilDirective 92/85/EEC on the introduction of measures to encourage improvements in thesafety and health at work of pregnant workers and workers who have recently given birth orare breastfeeding should be based on the dual legal basis of Article 153 and 157(3) of theTreaty on the functioning of the European Union.Yours sincerely,
Klaus-Heiner Lehne
1
The following were present for the final vote: Klaus-Heiner Lehne (Chair), Raffaele Baldassarre (Vice-Chair),Sebastian Valentin Bodu (Vice-Chair), Evelyn Regner (Vice-Chair), Marielle Gallo, Lidia Joanna Geringer deOedenberg, Antonio Masip Hidalgo, Bernhard Rapkay, Alexandra Thein, Diana Wallis, Cecilia Wikström,Christian Engström, Zbigniew Ziobro, Jiří Maštálka, Francesco Enrico Speroni, Piotr Borys, VytautasLandsbergis, Kurt Lechner, Arlene McCarthy, Eva Lichtenberger, Sajjad Karim.
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OPINION OF THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS (*)for the Committee on Women's Rights and Gender Equalityon the proposal for a directive of the European Parliament and of the Council amendingCouncil Directive 92/85/EEC on the introduction of measures to encourage improvements inthe safety and health at work of pregnant workers and workers who have recently given birthor are breastfeeding(COM(2008)0637 – C6-0340/2008 – 2008/0193(COD))Rapporteur(*): Rovana Plumb(*) Associated committee - Rule 50 of the Rules of Procedure
SHORT JUSTIFICATIONThe proposal is based on Articles 137(2) and 141(3) of the EC Treaty. Although Directive92/85/EEC is based on Article 118a of the EC Treaty (now Article 137) and is an individualDirective within the framework of the Directive on Health and Safety (Directive89/391/EEC), Article 141 EC has been added to the legal basis of the proposal.This proposal stems from the need to establish solid reconciliation measures whose end goalis to achieve a higher percentage of women on the labour market, less segregation on thelabour market and an end to wage differences between women and men, by increasingopportunities with regard to maternity leave. The European Union needs more women toparticipate in the labour market, not just to solve the problem of an ageing society but also toincrease competitiveness at the global level.At present, the impact of births on women’s participation in the labour market is very marked,with a difference of 26% being recorded in 2007 between women who had given birth to achild and men. There reasons for this are various, but they can be eliminated by overhaulingthe rules on maternity leave, its length, remuneration and the rights and obligations of womentaking maternity leave or returning from it, all of which are intrinsically linked to theapplication of the principle of equal opportunities and equal treatment between women andmen as established in Article 141(3).Sharing responsibilitiesThe sharing of responsibilities between the two parents from the time of birth is of additionalbenefit for the psychological and physical well-being of the child. A separate directive isneeded in that respect, since the present directive does not include provisions relating toPE430.593v02-0068/97RR\430593EN.doc
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parental leave, but focuses on the health and safety of women who are pregnant orbreastfeeding.Employment rights of pregnant workersThe Committee on Employment and Social Affairs is convinced that the proposed amendmentof Directive 92/85/EEC will provide support for the employment rights of pregnant women.However, we are also convinced that without the amendments proposed below by theCommittee on Employment and Social Affairs and the supplementary measures adopted bythe social partners at European level, the amended text will not fully contribute to enhancingthe reconciliation of work with private and family life or to helping women to return toemployment.Extension of the minimum length of maternity leave and possibility of working part timeThe Committee on Employment and Social Affairs takes the view that the option of extendingthe length of maternity leave from 14 to 20 weeks and the provision of incentives is anobvious means of enhancing the potential for women to reconcile pregnancy with remainingon the labour market. The extension will allow mothers an appropriate period of time forreturning to work following pregnancy and to bond with their children.What is more, the fears of some Member States surrounding the costs of financing thatextension are unfounded, with the study by ECORYS showing that an extension to 18 weeksor even beyond will have minor economic impact, but will guarantee better health conditionsfor pregnant workers.Employers need to take into consideration applications from workers to switch from full-timeto part-time working in the first 12 months following a birth. Such a provision would be inline with the recommendations of WHO report A55/15.Safeguarding career prospectsThe Committee on Employment and Social Affairs supports the amendments to Directive92/85/EEC made in Article 1(3)(b) in accordance with which workers who have given birth toa child have a right to return to their jobs or to equivalent posts on terms and conditions thatare no less favourable to them, and to benefit from any improvement in working conditions towhich they would have been entitled during their absence.That provision is closely tied in with job security and is an important step towards endingdiscrimination on the grounds of pregnancy.Rights of self-employed workersAlthough the proposal for a directive only protects employees, with a view to combatingdiscrimination and guaranteeing equal opportunities, Member States will need to ensure thatself-employed women also enjoy the rights laid down in the directive, with the Committee onEmployment and Social Affairs having amended the Commission proposal to that effect.Role of the social partnersOn 14 December 1995, the social partners at European level (BusinessEurope (UNICE),CEEP and ETUC) concluded an agreement on parental leave, which was implemented byCouncil Directive 96/34/EC of 3 June 1996. That directive lays down minimum rules onRR\430593EN.doc69/97PE430.593v02-00
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parental leave, as an important means of reconciling working life with family life andpromoting equal opportunities and treatment for men and women.
AMENDMENTSThe Committee on Employment and Social Affairs calls on the Committee on Women'sRights and Gender Equality, as the committee responsible, to incorporate the followingamendments in its report:
Amendment 1Proposal for a directive – amending actRecital 6 a (new)Text proposed by the CommissionAmendment(6a) Council Directive 96/34/EC of 3 June1996 on the framework agreement onparental leave concluded by UNICE,CEEP and the ETUC1lays downminimum requirements to help workingparents reconcile their work and parentalresponsibilities. The social partners did,however, reach an agreement on 18 June2009 and a draft directive is currentlybeing considered.1
OJ L 145, 19.6.1996, p. 4.
JustificationCouncil Directive 96/34/EC is a framework agreement between BusinessEurope (UNICE),CEEP and the ETUC on parental leave and is an important addendum to the proposalamending Directive 92/85/EEC as it lays down minimum requirements to help workingparents reconcile their work and parental responsibilities. It should, however, be emphasisedthat the social partners did reach an agreement on 18/06/09 and a draft directive is currentlybeing considered which would update the aforementioned framework agreement.
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Amendment 2Proposal for a directive – amending actRecital 6 b (new)Text proposed by the CommissionAmendment(6b) The agreement concluded by MemberStates at the Barcelona Summit in 2002aimed at achieving equality betweenwomen and men (equal remuneration,paternity leave, access to work where theyenjoy the same rights), is the basis for theachievement of better conditionsregarding the reconciliation betweenprivate and professional lives and willensure the economic independence ofboth men and women.JustificationBarcelona s targets are a part of the EU Strategy for the grow and the creation of workplacesand they intend to help the young parents - especially women - to be engaged in the workfield and to realise the reconciliation between the professional and private life. The access tobetter childcare services (conditions, price and very important - properly hours for theparents) represents the key for the access of the women on the labour market.Amendment 3Proposal for a directive – amending actRecital 6 c (new)Text proposed by the CommissionAmendment(6c) The Commission Communication of4 July 2006 entitled 'Towards an EUStrategy on the Rights of the Child' statesthat children's rights should be an EUpriority and that Member States shouldcomply with the UN Convention on theRights of the Child and the additionalprotocols thereto, as well as theMillennium Development Goals.JustificationThe communication states that children's rights should be an EU priority and that MemberStates should comply with the UN Convention on the Rights of the Child and the additionalprotocols thereto, as well as the Millennium Development Goals. With reference to thisRR\430593EN.doc71/97PE430.593v02-00
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directive, this means ensuring that all children may be breastfed and receive appropriate carein accordance with their needs as regards development and access to adequate quality care.Amendment 4Proposal for a directive – amending actRecital 9 b (new)Text proposed by the CommissionAmendment(9b) The care of disabled childrenpresents a particular challenge forworking mothers, which should berecognised by society. The increasedvulnerability of working mothers ofdisabled children means that they shouldbe granted additional maternity leave; theDirective should lay down a minimumperiod for such leave.JustificationCaring for disabled children presents an additional, physical, mental and psychologicalchallenge for working mothers. Society should recognise their efforts to meet this challenge.Pregnant women who are expecting a disabled child have to make many preparations duringpregnancy to ensure the well-being of their child. In these cases it seems essential to lay downan additional minimum leave period to enable pregnant workers who expect a disabled childand working mothers of disabled children to meet this challenge and make the necessarypreparations.Amendment 5Proposal for a directive – amending actRecital 12 a (new)Text proposed by the CommissionAmendment(12a) A post deemed ‘equivalent’pursuant to Article 11(2)(c) should meanthat such a post is essentially the same asthe former job, as regards both the salarypaid and the duties to be performed.Amendment 6
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Proposal for a directive – amending actRecital 13Text proposed by the Commission(13) Women should therefore be protectedfrom discrimination on grounds ofpregnancy or maternity leave, and shouldhave adequate means of legal protection.Amendment(13) Women should therefore be protectedfrom discrimination on grounds ofpregnancy or maternity leave, and shouldhave adequate means of legal protectioninorder to safeguard their rights to decentworking conditions and a better balancebetween family life and work.
Amendment 7Proposal for a directive – amending actRecital 13 a (new)Text proposed by the CommissionAmendment(13a)To achieve true gender equality, it isessential for men to be given a legalentitlement to paternity leave, modelled onmaternity leave, except as regards duration,with a view to gradually establishing theconditions required for balancedparticipation of men and women in workand family life.JustificationPaternity leave should be established on a binding basis so as to ensure that men will not bemade, on account of social pressure, to forgo their entitlement. A signal should be sent to thelabour market to the effect that men too have to spend time away from the workplace andtheir job when they have children. Economic activity must consequently be organised in sucha way as to allow for human reproduction, which is a right and responsibility in equalmeasure for men and women alike, as well as being a pre-eminent social value.
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Amendment 8Proposal for a directive – amending actRecital 13 b (new)Text proposed by the CommissionAmendment(13b) The Commission Green paperentitled "Confronting demographicchange: a new solidarity between thegenerations" refers to the fact that theMember States have low fertility rates,which are insufficient for the replacementof the population.Measures are thereforeneeded for the improvement of conditionsat the workplace for workers before,during and after pregnancy. It isrecommended that the best practices fromthose Member States with high fertilityrates and which ensure the continuedparticipation of women in the labourmarket be followed.
Amendment 9Proposal for a directive – amending actRecital 18 a (new)Text proposed by the CommissionAmendment(18a) Member States should introduceinto their national legal systems measuresto ensure real and effective compensationor reparation, as they considerappropriate, for any harm caused to aworker by any breach of the obligationsunder this Directive, in a way which isdissuasive and proportionate to thedamage suffered.
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Amendment 10Proposal for a directive – amending actRecital 19 a (new)Text proposed by the CommissionAmendment(19a) Victims of discrimination must haveappropriate legal protection. MemberStates should ensure, in accordance withtheir particular legal systems, that therights of pregnant women are protectedeffectively. To provide more effectiveprotection, it should be possible forassociations, organisations and otherlegal entities to engage in proceedings onbehalf of or in support of any victim,without prejudice to national rules ofprocedure concerning representation anddefence before the courts.
Amendment 11Proposal for a directive – amending actRecital 19 b (new)Text proposed by the CommissionAmendment(19b) It will be necessary for MemberStates to encourage and promote activeparticipation by the social partners toensure better information for thoseconcerned and more effectivearrangements. Through encouragingdialogue with the above-mentionedbodies, Member States could obtain morefeedback and a greater insight into theimplementation of the directive inpractice, and of problems likely to arise,with a view to eradicating discrimination.JustificationParticipation by social partners is extremely important in efforts to eradicate discrimination.Their data networks could provide additional information channels for workers about theirrights and a source of feedback for the Member States, given that they have greaterRR\430593EN.doc75/97PE430.593v02-00
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experience regarding the various problems likely to arise. We therefore consider it importantto ensure their active participation and establish an open dialogue.Amendment 12Proposal for a directive – amending actRecital 20 a (new)Text proposed by the CommissionAmendment(20a) Member states should encouragedialogue between social partners and withNGOs, in order to be aware of differentforms of discrimination and to fight them.Amendment 13Proposal for a directive – amending actArticle 1 – point -1 (new)Directive 92/85/EECArticle 1 – point 3 a (new)Text proposed by the CommissionAmendment-1. The following paragraph is added toArticle 1:"3a. This directive shall, in addition,ensure that workers can fulfil theiressential family role and shall providespecific and appropriate protection formother and child."JustificationThe new paragraph emphasises the vital need for working women to be able to fulfil theiressential role as mothers.Amendment 14Proposal for a directive – amending actArticle 1 – point -1a (new)Directive 92/85/EECArticle 2 – point a
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Text proposed by the Commission
Amendment-1a. In Article 2, point a is replaced by thefollowing:"(a) pregnant worker shall mean apregnant worker, including a domesticworker, who informs her employer of hercondition, in accordance with nationallegislation and/or national practice;"Justification
The Framework Directive on health and safety excludes domestic workers. However, theyshould be included explicitly in maternity protection.Amendment 15Proposal for a directive – amending actArticle 1 – point -1 b (new)Directive 92/85/EECArticle 2 – point bText proposed by the CommissionAmendment-1b. In Article 2, point b is replaced by thefollowing:"(b) worker who has recently given birthshall mean a worker, including a domesticworker, who has recently given birthwithin the meaning of national legislationand/or national practice and who informsher employer of her condition, inaccordance with that legislation and/orpractice;"JustificationThe Framework Directive on health and safety excludes domestic workers. However, theyshould be included explicitly in maternity protection.Amendment 16Proposal for a directive – amending actArticle 1 – point -1 c (new)Directive 92/85/EECArticle 2 – point cRR\430593EN.doc77/97PE430.593v02-00
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Text proposed by the Commission
Amendment-1c. In Article 2, point c is replaced by thefollowing:"(c) Worker who is breastfeeding shallmean a worker, including a domesticworker, who is breastfeeding within themeaning of national legislation and/ornational practice and who informs heremployer of her condition, in accordancewith that legislation and/or practice."Justification
The Framework Directive on health and safety excludes domestic workers. However, theyshould be included explicitly in maternity protection.Amendment 17Proposal for a directive – amending actArticle 1 – point -1 d (new)Directive 92/85/EECArticle 3 – paragraph 1 – subparagraph 2 a (new)Text proposed by the CommissionAmendment-1d. In Article 3(1), the followingsubparagraph is added:"2a.The guidelines referred to in the firstsubparagraph shall be regularly evaluatedwith a view to their revision, at least onceevery five years, starting in 2012."JustificationExplanation: it is important to keep the guidelines up to date with recent developments andknowledge.Amendment 18Proposal for a directive – amending actArticle 1 – point -1 e (new)Directive 92/85/EECArticle 4 – title
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Amendment-1e. In Article 4 the title is replaced by thefollowing:"Assessment, information andconsultation"Justification
It is essential to promote a preventive approach providing for proper risk assessment at anyworkplace at which the employees are women and men of fertile age. Men and women alikemay be exposed, before fertilisation, to the trigger factors involved in the genetic mutationsand abnormalities that lead to infertility and chromosomal malformations and aberrations;the most severe effects, however, occur in the embryo. Paragraphs 4 and 5 are added, since inall other health and safety directives there are proper articles on information andconsultation of workers and their representatives.Amendment 19Proposal for a directive – amending actArticle 1 – point -1 f (new)Directive 92/85/EECArticle 4 – paragraph -1 (new)Text proposed by the CommissionAmendment-1f. In Article 4, the following paragraphis inserted:"-1. In the risk assessment carried outunder Directive 89/391/EEC the employershall include an assessment of thereproductive risks for male and femaleworkers."JustificationIt is essential to promote a preventive approach providing for proper risk assessment at anyworkplace at which the employees are women and men of fertile age. Men and women alikemay be exposed, before fertilisation, to the trigger factors involved in the genetic mutationsand abnormalities that lead to infertility and chromosomal malformations and aberrations;the most severe effects, however, occur in the embryo. Paragraphs 4 and 5 are added, since inall other health and safety directives there are proper articles on information andconsultationof workers and their representatives.
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Amendment 20Proposal for a directive – amending actArticle 1 – point -1 g (new)Directive 92/85/EECArticle 4 – paragraph 2Text proposed by the CommissionAmendment-1g. Article 4(2) is replaced by thefollowing:"2. Without prejudice to Article 10 ofDirective 89/391/EEC, workers within themeaning of Article 2 and workers likely tobe in one of the situations referred to inArticle 2 in the undertaking and/orestablishment concerned and/or theirrepresentatives and the relevant socialpartners shall be informed of the results ofthe assessment referred to in paragraph 1and of all measures to be taken concerninghealth and safety at work."JustificationIt is essential to promote a preventive approach providing for proper risk assessment at anyworkplace at which the employees are women and men of fertile age. Men and women alikemay be exposed, before fertilisation, to the trigger factors involved in the genetic mutationsand abnormalities that lead to infertility and chromosomal malformations and aberrations;the most severe effects, however, occur in the embryo. Paragraphs 4 and 5 are added, since inall other health and safety directives there are proper articles on information andconsultationof workers and their representatives.
Amendment 21Proposal for a directive – amending actArticle 1 – point -1 h (new)Directive 92/85/EECArticle 4 –paragraph 2 a (new)Text proposed by the CommissionAmendment-1h. In Article 4 the following paragraphis added:"2a. Appropriate measures shall be takenPE430.593v02-0080/97RR\430593EN.doc
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to ensure that workers and/or theirrepresentatives may monitor theapplication of this Directive or may beinvolved in its application, in particularwith regard to the measures determinedby the employer which are referred to inparagraph 2, without prejudice to theemployer’s responsibility for determiningthose measures."JustificationIt is essential to promote a preventive approach providing for proper risk assessment at anyworkplace at which the employees are women and men of fertile age. Men and women alikemay be exposed, before fertilisation, to the trigger factors involved in the genetic mutationsand abnormalities that lead to infertility and chromosomal malformations and aberrations;the most severe effects, however, occur in the embryo. Paragraphs 4 and 5 are added, since inall other health and safety directives there are proper articles on information andconsultation of workers and their representatives.
Amendment 22Proposal for a directive – amending actArticle 1 – point -1 i (new)Directive 92/85/EECArticle 4 –paragraph 2 b (new)Text proposed by the Commission
Amendment-1i. In Article 4 the following paragraphis added:"2b. Consultation and participation ofworkers and/or their representatives inconnection with matters covered by thisDirective shall take place in accordancewith Article 11 of Directive 89/391/EEC.”
JustificationIt is essential to promote a preventive approach providing for proper risk assessment at anyworkplace at which the employees are women and men of fertile age. Men and women alikemay be exposed, before fertilisation, to the trigger factors involved in the genetic mutationsand abnormalities that lead to infertility and chromosomal malformations and aberrations;the most severe effects, however, occur in the embryo. Paragraphs 4 and 5 are added, since inall other health and safety directives there are proper articles on information andRR\430593EN.doc81/97PE430.593v02-00
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consultation of workers and their representatives.
Amendment 23Proposal for a directive – amending actArticle 1 – point -1 j (new)Directive 92/85/EECArticle 6 – paragraph 2 a (new)Text proposed by the CommissionAmendment-1j. The following paragraph is added toArticle 6:"2a. Pregnant women shall, in addition,not be required to perform tasks such ascarrying and lifting heavy weights ortasks that are dangerous or exhausting orwhich pose health risks."JustificationPregnant workers should be exempted not only from activities exposing them to high risks butalso from tasks that involve major physical effort or pose health risks.
Amendment 24Proposal for a directive – amending actArticle 1 – point -1 k (new)Directive 92/85/EECArticle 7 – paragraph 2 – point aText proposed by the CommissionAmendment- 1k. In Article 7(2), point (a) is replacedby the following:"(a) transfer to a compatible daytimeworking timetable; or"
Amendment 25
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Proposal for a directive – amending actArticle 1 – point -1 l (new)Directive 92/85/EECArticle 7 - paragraph 2 a (new)Text proposed by the CommissionAmendment-1l. In Article 7 the following point isadded:"2a. Workers wishing to be exemptedfromnight work shall, in accordance with ruleslaid down by the Member States, informtheir employer and, in the case referred toin point (b) of paragraph 2, submit amedical certificate to the employer."
Amendment 26Proposal for a directive – amending actArticle 1 – point -1 m (new)Directive 92/85/EECArticle 7 - paragraph 2 b (new)Text proposed by the CommissionAmendment-1m. In Article 7 the following paragraphis added:"2b. In respect of single parents andparents with children with severedisabilities, the period referred to inparagraph 1 may be extended inaccordance with the procedures laid downby the Member States."
Amendment 27Proposal for a directive – amending actArticle 1 – point -1 n (new)Directive 92/85/EECArticle 7 a (new)
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Amendment-1n. The following article is added :"Article 7aOvertimeThe Member States shall take theappropriate measures to ensure thatpregnant workers and workers who haverecently given birth or are breastfeedingare not obliged to work overtime or onSundays or holidays, during pregnancyand for six months after the birth."
Amendment 28Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 1Text proposed by the Commission1. Member States shall take the necessarymeasures to ensure that workers within themeaning of Article 2 are entitled to acontinuous period of maternity leave ofatleast18 weeksallocated before and/orafter confinement.Amendment 29Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 2Text proposed by the Commission2. The maternity leave stipulated inparagraph 1 shall include compulsory leaveof at least six weeks after childbirth. TheMember States shall take the necessarymeasures to ensure that workers within themeaning of Article 2 are entitled to choosePE430.593v02-0084/97
Amendment1. Member States shall take the necessarymeasures to ensure that workers within themeaning of Article 2 are entitled to acontinuous period of maternity leave of 18weeks.
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freely the time at which the non-compulsory portion of the maternity leaveis taken, before or after childbirth.
freely the time at which the non-compulsory portion of the maternity leaveis taken, before or after childbirth.The six-week period of compulsory maternityleave after childbirth shall apply to allworking women regardless of the numberof days worked prior to confinement.Member States may extend thecompulsory portion of the maternity leaveup to a maximum four weeks beforechildbirth and at least eight weeks afterthe birth of a disabled child.
Amendment 30Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 2 a (new)Text proposed by the CommissionAmendment2a. The worker must indicate her chosenperiod of maternity leave at least threemonths before the starting date.JustificationAmendment 25 by the rapporteur states that pregnant workers should not be coerced intoworking overtime during a period of three months before the birth. If the worker indicates herchosen period of maternity leave around that time it is easier for her employer to makearrangements for her replacement.
Amendment 31Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 2 b (new)Text proposed by the CommissionAmendment2b. In the case of a multiple birth theperiod of maternity leave mentioned inArticle 8(1) shall be increased by fourRR\430593EN.doc85/97PE430.593v02-00
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weeks for each child.JustificationTotal periods of normal leave are also expressed in weeks.
Amendment 32Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 4Text proposed by the Commission4. Member States shall take the necessarymeasures to ensure that additional leave isgranted in the case of premature childbirth,children hospitalised at birth, children withdisabilities and multiple births. Theduration of the additional leave should beproportionate and allow the special needsof the mother and the child/children to beaccommodated.Amendment4. Member States shall take the necessarymeasures to ensure that additional leaveonfull payis granted in the case of prematurechildbirth, children hospitalised at birth,children with disabilities,mothers withdisabilities,and multiple births. Theduration of the additional leave should beproportionate and allow the special needsof the mother and the child/children to beaccommodated.The total period ofmaternity leave shall be extended by atleast eight weeks after the birth in thecase of the birth of a disabled child andMember States shall also ensure anadditional period of leave of six weeks inthe case of a stillbirth.
Amendment 33Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 5 a (new)Text proposed by the CommissionAmendment5a. This Directive shall not apply to self-employed workers.PE430.593v02-0086/97RR\430593EN.doc
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Amendment 34Proposal for a directive – amending actArticle 1 – point 1Directive 92/85/EECArticle 8 – paragraph 5 b (new)Text proposed by the CommissionAmendment5b. Member States shall adopt suitablemeasures for the recognition of postnataldepression as a serious illness, and shallsupport awareness campaigns aimed atdisseminating accurate information onthis illness and correcting the prejudicesand possible stigmatisation which it canstill attract.JustificationThe aim of this amendment is to raise Member States' awareness of the need for officialrecognition of postnatal depression as an illness, given that it affects 10-15% of women andhas significant repercussions for work and family life.Amendment 35Proposal for a directive – amending actArticle 1 – point 2Directive 92/85/EECArticle 10 – paragraph 1 a (new)Text proposed by the CommissionAmendment1a. Member States shall take appropriatemeasures to ensure the safety and healthof pregnant workers, with regard toergonomic conditions, working time(including night work and change of job),work intensity, and increased protectionagainst specific infectious agents andionising radiation.JustificationProtecting the health and safety of pregnant workers should be a major concern of thisdirective.Amendment 36RR\430593EN.doc87/97PE430.593v02-00
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Proposal for a directive – amending actArticle 1 – point 2Directive 92/85/EECArticle 10 – paragraph 2Text proposed by the Commission2. If a worker within the meaning ofArticle 2 is dismissed during the periodreferred to in point 1the employer mustcite duly substantiated grounds for herdismissal in writing. If the dismissaloccurswithin six months following the endof maternity leave as provided for inArticle 8(1), the employer must cite dulysubstantiated grounds for her dismissal inwritingat the request of the workerconcerned.Amendment2. If a worker within the meaning ofArticle 2 is dismissed during the periodreferred to in point 1orwithin six monthsfollowing the end of maternity leave asprovided for in Article 8(1), the employermust cite duly substantiated grounds forher dismissal in writing.This shall notaffect the substantive provisions ondismissal under national law.
Amendment 37Proposal for a directive – amending actArticle 1 – point 2Directive 92/85/EECArticle 10 – paragraph 3 b (new)Text proposed by the CommissionAmendment3b. in the cases referred to in Articles 5, 6and 7, the employment rights relating tothe employment contract, including themaintenance of a payment to, and/orentitlement to an equivalent allowancefor, workers within the meaning of Article2, must be ensured in accordance withnational legislation and national practice;JustificationEntitlements should be based on full pay, to prevent women losing out financially becausethey are mothers.Amendment 38
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Proposal for a directive – amending actArticle 1 – point 3 – point aDirective 92/85/EECArticle 11 – paragraph 1aText proposed by the Commission1a. workers, within the meaning of Article2, who are excluded from work by theiremployer who considers them not fit forwork without medical indication suppliedby the worker,shall,until the beginning ofthe maternity leave in the sense of Article8(2), receive a payment equivalent to theirfull salary.Amendment1a.Aworker, within the meaning of Article2, whoisexcluded from work byheremployer who considershernot fit forwork without medical indication suppliedby the worker,must consult a doctor onher own initiative. If the doctor certifiesthe woman as fit to work, either theemployer must employ her again asnormal, oruntil the beginning of thematernity leave in the sense of Article 8(2),they shallreceive a payment equivalent toherfull salary.
JustificationIf the woman consults a doctor of her choice, this ensures clarity as to whether she is actuallysick or not. Only after clarifying the situation should further measures be taken.
Amendment 39Proposal for a directive – amending actArticle 1 – point 3 – point a a (new)Directive 92/85/EECArticle 11 – point 1 aa (new)Text proposed by the CommissionAmendment(aa) In Article 11, the following point 1 aais inserted:"1aa. Member States may adoptpreventive and monitoring measures forthe protection and safety at the workplaceof pregnant workers and workers whohave recently given birth."JustificationWorkplace stress can have an adverse psychological affect on pregnant women and mothersof newly-born infants and can have repercussions for the foetus or infant. We needRR\430593EN.doc89/97PE430.593v02-00
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monitoring measures from the flexisecurity point of view.Amendment 40Proposal for a directive – amending actArticle 1 – point 3 – point bDirective 92/85/EECArticle 11 – paragraph 2 – point cText proposed by the Commission(c) the right of workers within the meaningof Article 2 to return to their jobs or toequivalent posts on terms and conditionsthat are no less favourable to them and tobenefit from any improvement in workingconditions to which they would have beenentitled during their absence;Amendment(c) the right of workers within the meaningof Article 2 to return to their jobs or toequivalent posts on terms and conditionsthat are no less favourable to them and tobenefit from any improvement in workingconditions to which they would have beenentitled during their absence;inexceptional situations of restructuring orradical reorganisation of the productionprocess steps shall always be taken toensure that the worker can discuss withher employer the impact of such changeson her work situation and the bodyrepresenting workers’ interests mustalways be given the opportunity, togetherwith the employer, to advise the workerconcerned about the effects of suchchanges;
Amendment 41Proposal for a directive – amending actArticle 1 – point 3 – point bDirective 92/85/EECArticle 11 – paragraph 2 – point c a (new)Text proposed by the CommissionAmendment"(ca) the maintenance for workers withinthe meaning of Article 2 of opportunitiesfor career development through educationalong with ongoing professional andadditional training with a view toconsolidating their career prospects;"
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JustificationThis is to ensure that the fact that women are mothers does not adversely affect their careerprospects. Employers should, in consultation with the workers concerned, take the necessaryeducation and training measures to ensure that the workers' career prospects are maintained.Amendment 42Proposal for a directive – amending actArticle 1 – point 3 – point bDirective 92/85/EECArticle 11 – paragraph 2 – point c b (new)Text proposed by the CommissionAmendment(cb) the taking of maternity leave must notbe prejudicial to the worker's pensionrights; the period of maternity leave mustbe counted as a period of employment forpension purposes, and workers must notsuffer any reduction of pension rightsthrough taking maternity leave.JustificationIt is important to ensure that allowances paid to workers during maternity leave do notadversely affect their pension entitlements. Member States should prevent this fromhappening and provide compensation for any loss of pension rights.Amendment 43Proposal for a directive – amending actArticle 1 – point 3 – point cDirective 92/85/EECArticle 11 – –point 3Text proposed by the Commission3. the allowance referred to in point 2(b)shall bedeemedadequate if it guaranteesincome equivalent to the last monthlysalary or an average monthly salary,subject to any ceiling laid down undernational legislation. Such a ceiling maynot be lower than the allowance receivedby workers within the meaning of Article2 in the event of a break in activity onRR\430593EN.doc91/97
Amendment3. the allowance referred to in point 2(b)shall be adequate if it guarantees incomeequivalent to the last monthly salary or anaverage monthly salary.Workers onmaternity leave shall be paid their fullsalary and the allowance shall be 100% ofthe last monthly salary or the averagemonthly salary.Member States may laydown the period over which this averagePE430.593v02-00
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grounds connected with the worker's stateof health.TheMember States may laydown the period over which this averagemonthly salary is calculated.
monthly salary is calculated.
JustificationPayment of their full salary to women is a way of ensuring that women will not lose outfinancially because they have decided to have children. Many Member States already providefor payment of between 80% and 100% of average earnings during maternity leave. More, thepregnant workers should not be penalized in a financial way for their decision of having ababy.Amendment 44Proposal for a directive – amending actArticle 1 – point 3 – point c a (new)Directive 92/85/EECArticle 11 – point 3 3 a (new)Text proposed by the CommissionAmendment(ca) The following point 3a is inserted:"(3a) Member States shall ensure thatworkers on maternity leave are entitled toreceive automatically any increase ofsalary, if applicable, without temporarilyhaving to terminate their maternity leaveso as to benefit from the salary increase."JustificationIf there is a wage increase for the position of workers on maternity leave, it should come intoforce automatically for them, so they will not have to interrupt their maternity leave just to getthe higher salary and after that resume the leave. The administrative work of the employer inthat respect will also be reduced and simplifiedAmendment 45Proposal for a directive – amending actArticle 1 – point 4Directive 92/85/EECArticle 12 a
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Text proposed by the Commission4. The following Article 12a is inserted:Article 12aBurden of proof1. Member States shall take suchmeasures as are necessary in accordancewith their national judicial systems toensure that when persons who considerthat their rights under this Directive havebeen breached establish, before a court orother competent authority, facts fromwhich it may be presumed that there hasbeen such a breach, it shall be for therespondent to prove that there has beenno breach of the Directive.Paragraph 1 shall not prevent theMember States from introducing rules ofevidence which are more favourable toplaintiffs.Paragraph 1 shall not apply to criminalproceedings.Member States need not apply paragraph1 to proceedings in which the court orcompetent body investigates the facts ofthe case.Paragraphs 1 to 4 shall also apply to anylegal proceedings commenced accordingto Article.Justificationdeleted
Amendment
The proposed regulation infringes the principle of the presumption of innocence and woulddisrupt the balanced position between employees and employers. Those who make anallegation should have to prove it. It is not possible to ask the other party, when it states that‘nothing happened’, to provide proof that nothing happened.
Amendment 46
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Proposal for a directive – amending actArticle 1 – point 4Directive 92/85/EECArticle 12a – paragraph 4 a (new)Text proposed by the CommissionAmendment4a. Member States shall ensure thatassociations, organisations or other legalentities which have, in accordance withthe criteria laid down by their nationallaw, a legitimate interest in ensuring thatthe provisions of this Directive arecomplied with, may engage, either onbehalf or in support of the complainant,with her approval, in any judicial and/oradministrative proceedings provided forthe enforcement of obligations under thisDirective.JustificationIf this amendment is adopted, Paragraph 5 shall be amended accordingly to read:‘Paragraphs 1 to 4a shall also apply to any legal proceedings commenced according toArticle 12.Amendment 47Proposal for a directive – amending actArticle 1 – point 5Directive 92/85/EECArticle 12 bText proposed by the CommissionMember States shall introduce into theirnational legal systems such measures as arenecessary to protect individuals from anyadverse treatment or adverse consequenceresulting from a complaint they havelodged or proceedings they have initiatedwith the aim of enforcing compliance withthe rights granted under this Directive.AmendmentMember States shall introduce into theirnational legal systems such measures as arenecessary to protect individualsincludingwitnessesfrom any adverse treatment oradverse consequence resulting from acomplaint they have lodged or proceedingsthey have initiated with the aim ofenforcing compliance with the rightsgranted under this Directive.
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to give reliable testimony in complaints proceedings without fear of any discriminationagainst them.
Amendment 48Proposal for a directive – amending actArticle 1 – point 6Directive 92/85/EECArticle 12 cText proposed by the CommissionMember States shall lay down the rules onpenalties applicable to breaches of nationalprovisions adopted pursuant to thisDirective, and shall take all measuresnecessary to ensure that they are applied.Penalties may comprise payment ofcompensation,which may not be limitedby the fixing of a prior upper limit,andmust be effective, proportionateanddissuasive.AmendmentMember States shall lay down the rules onpenalties applicable to breaches of nationalprovisions adopted pursuant to thisDirective, and shall take all measuresnecessary to ensure that they are applied.Penalties may comprise payment ofcompensation and must be effectiveandproportionate.
JustificationAn EU ban on limiting compensation claims disproportionately restricts Member States’freedom to adopt their own rules and forces them to adopt detailed provisions that are not inline with their own judicial law.
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PROCEDURETitleReferencesCommittee responsibleOpinion byDate announced in plenaryRapporteurDate appointedDiscussed in committeeDate adoptedResult of final voteImprovements in the safety and health at work of pregnant workers andworkers who have recently given birth or are breastfeedingCOM(2008)0637 – C6-0340/2008 – 2008/0193(COD)FEMMEMPL19.10.2009Rovana Plumb16.9.20095.11.200927.1.2010+:–:0:311151.12.200926.1.2010
Members present for the final vote
Regina Bastos, Edit Bauer, Jean-Luc Bennahmias, Pervenche Berès,Mara Bizzotto, Milan Cabrnoch, David Casa, Alejandro Cercas, OleChristensen, Derek Roland Clark, Sergio Gaetano Cofferati, MarijeCornelissen, Tadeusz Cymański, Frédéric Daerden, Karima Delli,Richard Falbr, Ilda Figueiredo, Pascale Gruny, Thomas Händel, MarianHarkin, Roger Helmer, Nadja Hirsch, Vincenzo Iovine, LiisaJaakonsaari, Martin Kastler, Ádám Kósa, Patrick Le Hyaric, VeronicaLope Fontagné, Olle Ludvigsson, Elizabeth Lynne, Thomas Mann,Elisabeth Morin-Chartier, Csaba İry, Siiri Oviir, Rovana Plumb,Konstantinos Poupakis, Sylvana Rapti, Licia Ronzulli, ElisabethSchroedter, Joanna Katarzyna Skrzydlewska, Jutta SteinruckGeorges Bach, Raffaele Baldassarre, Vilija Blinkevičiūt¶, Silvia Costa,Kinga Göncz, Richard Howitt, Dieter-Lebrecht Koch, Franz Obermayr,Ria Oomen-Ruijten, Emilie Turunen
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PROCEDURETitleReferencesDate submitted to ParliamentCommittee responsibleDate announced in plenaryCommittee(s) asked for opinion(s)Date announced in plenaryNot delivering opinionsDate of decisionRapporteur(s)Date appointedLegal basis disputedDate of JURI opinionDiscussed in committeeDate adoptedResult of final voteImprovements in the safety and health at work of pregnant workers andworkers who have recently given birth or are breastfeedingCOM(2008)0637 – C6-0340/2008 – 2008/0193(COD)3.10.2008FEMM19.10.2009EMPL19.10.2009ITRE2.9.2009Edite Estrela16.7.2009JURI28.1.20101.9.200923.2.2010+:–:0:191311.12.200925.1.2010ITRE19.10.2009
Members present for the final vote
Regina Bastos, Edit Bauer, Emine Bozkurt, Andrea Češková, MarijeCornelissen, Silvia Costa, Tadeusz Cymański, Edite Estrela, IldaFigueiredo, Iratxe García Pérez, Zita Gurmai, Jolanta Emilia Hibner,Lívia Járóka, Teresa Jiménez-Becerril Barrio, Caroline Lucas, AstridLulling, Barbara Matera, Angelika Niebler, Siiri Oviir, Raül Romeva iRueda, Nicole Sinclaire, Joanna Katarzyna Skrzydlewska, Eva-BrittSvensson, Marc Tarabella, Britta Thomsen, Marina Yannakoudakis,Anna ZáborskáLena Ek, Sylvie Guillaume, Elisabeth Morin-Chartier, Norica NicolaiMarian Harkin, Ria Oomen-Ruijten
Substitute(s) present for the final voteSubstitute(s) under Rule 187(2) presentfor the final vote
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