# CE2004084EN.01038201.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/382 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/382

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(2004/C 84 E/0444)

WRITTEN QUESTION E-0379/04

by Alexandros Alavanos (GUE/NGL) to the Commission

(12 February 2004)

Subject:   Dismissal of pregnant workers

Subject:

Workers at the Citizens' Service Centres (KEPs), whose creation and operation is funded by the European Union, have been taken on with freelance contracts although there is not the slightest doubt that these contracts in fact conceal employment, as the work they do meets fixed and constant needs. The workers at the KEPs are thus deprived of leave, allowances etc. There are cases of women who have been dismissed by the KEPs because they have become pregnant.

On 10 February 2004 the case of Philomela Kontari is being heard in a court in Corfu. She worked at the Paxos KEP and was dismissed in her eighth month of pregnancy because, on medical orders, she was temporarily not supposed to work, until the birth, because of complications in the pregnancy.

| 1. | Can the Commission investigate and decide whether the freelance contracts of the staff at the KEPs, which are funded by Community appropriations, illegally conceal employment contracts? |
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1.

Can the Commission investigate and decide whether the freelance contracts of the staff at the KEPs, which are funded by Community appropriations, illegally conceal employment contracts?

| 2. | Does the Commission consider that in the case of pregnant women Greece is contravening Directive 92/85/EEC (1), which seeks to improve the health of pregnant workers and workers who have recently given birth or are breastfeeding, and Directive 76/207/EEC (2) on the implementation of the principle of equal treatment for men and women as regards access to employment? |
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2.

Does the Commission consider that in the case of pregnant women Greece is contravening Directive 92/85/EEC (1), which seeks to improve the health of pregnant workers and workers who have recently given birth or are breastfeeding, and Directive 76/207/EEC (2) on the implementation of the principle of equal treatment for men and women as regards access to employment?

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Answer given by Mr Dimas on behalf of the Commission

(22 March 2004)

(22 March 2004)

| 1. | The determination of the nature of a working relationship, and in particular whether it is an employment or a self employment relationship is an issue that has to be addressed by the Member States' competent authorities |
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1.

The determination of the nature of a working relationship, and in particular whether it is an employment or a self employment relationship is an issue that has to be addressed by the Member States' competent authorities

| 2. | According to the information provided to the Commission, Greece has properly transposed Directives 92/85/EEC and 76/207/EEC as regards the protection of pregnant workers against dismissal. The Commission services will however contact the Greek authorities with a view to obtaining further information in relation to the position of pregnant workers in KEPs and will inform the Honourable Member of Parliament as soon as the information is received. |
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2.

According to the information provided to the Commission, Greece has properly transposed Directives 92/85/EEC and 76/207/EEC as regards the protection of pregnant workers against dismissal. The Commission services will however contact the Greek authorities with a view to obtaining further information in relation to the position of pregnant workers in KEPs and will inform the Honourable Member of Parliament as soon as the information is received.

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(1)  OJ L 348, 28.11.1992, p. 1.

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(2)  OJ L 39, 14.2.1976, p. 40.

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