COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC92) 259 final - SYN 303 
Brussels, 10 June 1992 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
concerning measures to encourage improvements in the safety and health of 
pregnant workers, women workers who have recently given birth and those 
who are breastfeeding. 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
- 2 -
Explanatory memorandum 
The initial proposal for this directive was presented by the Commission 
on 17 October 1990(1>. 
This proposal for a Council directive aims at establishing minimum ievels 
of safety and protection of the health at work of pregnant women, women 
who have recently given birth and nursing mothers. 
The European Parliament (at the first reading) and the Economic and 
Social Committee gave their opinions on 12 December 1990 and 20 November 
1990 respectively. 
The Commission forwarded an amended proposal^2) to Council on 3 January 
1991 . 
On 19 December 1991 the Council approved a common position incorporating 
amendments introduced in the amended proposal from the Commission and, as 
a result, some amendments proposed by the European Parliament at the 
first reading. 
The European Parliament examined the common position at a second reading 
on 13 May 1992 and adopted it subject to 17 amendments. 
Of the 17 amendments, the Commission approved 11, either in their 
entirety or partly, in the reexamined proposal. 
It turned down six amendments, namely 1, 5, 6, 16, 18 and 19. 
The Commission wishes to make the following points regarding the 
amendments which it rejected: 
(1) COM (90) 406 final 
(2) COM (90) 692 final 
- 3 -
Amendments No 1 
Introduction of maternity leave of 16 weeks. 
Comments: The Commission's proposal (for 14 weeks) is upheld. This is a 
minimum requirement which offers the Member States the option 
of granting a longer period of maternity leave. 
Amendment No 5 
Introduction of procedures for pregnant women at risk to stop work on 
presentation of a medical certificate. 
Comments: Unnecessary. This question has already been deaIt with in 
Articie 4(1) of the proposal for a directive (continuous 
assessment of the impact on pregnancy). 
Amendment No 6 
The possibility for women who are breast feeding to stop work for one or 
more periods of time. 
Comments: The procedures for stopping work for women who are breast 
feeding are already covered Articie 5(3) of the proposal for 
a direct ive. 
Amendment No 16 
Annual revision of the annexes by independent experts. 
Comments: Unnecessary. The procedures for adapting the annexes to 
technical progress are already set out in Articie 12 of the 
proposal for a directive. 
Amendment No 18 
The possibility of reviewing the duration of maternity leave and the 
amount of maternity benefit in the Commission's report on implementation 
of the directive. 
Comments: This would be out of place in the Commission's report which 
is intended to assess implementation of the directive in the 
various Member States. 
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Amendment No 19 
Addition of aspects of work organisation in the assessment. 
Comments: Unnecessary. Al I these aspects already feature in the 
proposal for a directive: 
Pattern of hours worked: 
This is already included in the organisation of working 
time covered by Article 5(1). 
Night work: 
cf. Article 7 
Mental fatigue. physical stress and sedentary and 
repet it ive work: 
These are already included in Article 3, 1, paragraph 2. 
Work involving exposure to great heat: 
Already included in Annex 1, point A. 
- 5 " 
Re-examined proposal for a 
Council directlve 
on the introduction of measures to encourage 
improvements in the safety and health at work 
of pregnant workers and workers who have recently 
given birth or are breastfeeding 27.5.92 
PREVIOUS TEXT AMENDED TEXT 
Citations and Recitals 1 to 15 
Recital 16 
Whereas measures for the 
organization of work 
concerning the protection of 
the health of pregnant 
workers, workers who have 
recently given birth or 
workers who are breastfeeding 
would serve no purpose unless 
accompanied by the maintenance 
of rights I inked to the 
employment contract, including 
maintenance of a payment 
and/or entitlement to an 
adeauate allowance; 
Recital 17 
Whereas, moreover, provision 
concerning maternity leave 
would also serve no purpose 
unless accompanied by the 
maintenance of rights Iinked 
to the employment contract 
and/or entitlement to an 
adeauate allowance, Unchanged 
Whereas measures for the 
organization of work concerning the 
protection of the health of 
pregnant workers, workers who have 
recently given birth or workers 
who are breastfeeding would serve 
no purpose unless accompanied by 
the maintenance of rights Iinked to 
the employment contract, including 
maintenance of a payment and/or 
entitlement to an allowance of 
eauivalent value; 
Whereas, moreover, provision 
concerning maternity leave would 
also serve no purpose unless 
accompanied by the maintenance of 
rights Iinked to the employment 
contract and/or entitlement to an 
allowance of eauivalent value; 
Artlcles 1 and 2 Unchanged 
Artïcle 3 
Guidelïnes 9.6.92. 
In consuitation with the 
Member States and assisted 
by the Advisory Committee 
on Safety, Hygiene and 
Healtn Protcctlon at Work, 
the Commission shali draw 
up guidelines on the 
assessment of the chemical, 
physical and biologlcaf 
agents and industrial 
processes cons i dered 
hazardous for the safety or 
heaith of workers within 
the meaning of Article 2. 1, Unchanged 
The guidelines referred to in 
the f i rst subparagraph sha I I 
also cover movements and 
postures, mental and physical 
fatigue and other types of 
physical stress connected with 
the work done by workers 
within the meaning of Article 
2. The guidelines referred to in the 
first subparagraph shall also cover 
movements and postures, mentai and 
physical fatigue and other types of 
physical and mental stress 
connected wïth the work done by 
workers within the meaning of 
Artïcle 2. 
2. The purpose of the 
guidelines referred to in 
paragraph 1 is to serve as 
a basis for the assessment 
referred to in Article 
4(1). 2. Unchanged 
To this end, Member States 
shall bring these guidelines 
to the attention of ali 
employers and alI femate 
workers and/or their 
representatives in the 
respective Member State. 
Articles 4 to 6 unchanged 
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27.5.92. 
Article 7 
Night Work 
1. Member States shall take 
the necessary measures to 
ensure that workers referred 
to in Article 2 are not 
obliged to perform night work 
during their pregnancy and for 
a period following childbirth 
which shall be determined by 
the national author ity 
competent for safety and 
health. sublect to submission. 
in accordance with the 
procedures lald down by the 
Member States. of a medical 
certificate stating that this 
is necessary for the safety or 
health of the worker 
concerned. 1. Member States shall take the 
necessary measures to ensure that 
workers referred to in Article 2 
are not obliged to perform night 
work: 
(a) before and after the delivery 
of a child for a period of at 
least 16 weeks. of which at 
the least eioht must be before 
presumed date of delivery: 
(b) upon presentation of a medical 
certificate indicating the 
necessity for the health of the 
worker referred to in Article 
2. for other periods occurring: 
(i) dur ing pregnancy 
( i i ) during a period of time 
after the necessary period 
following delivery . the 
duration of which shall be 
determined by the 
competent authority. 
2. The measures referred to in 
paragraph 1 must entail the 
possibility, in accordance 
with national legislation 
and/or national practice, of: 
(a) transfer to daytime work, 2. Unchanged 
or 
(b) leave from 
extension of 
leave where 
transfer 
technically 
object ively 
cannot work or 
maternity 
such a 
is not 
and/or 
feasible or 
reasonably 
required on duly 
substantiated grounds. 
Articles 8 and 9 Unchanged 
8" 27.5.92 
Article 10 
Prohlbltion of dismissal 
In order to guarantee workers, 
within the meaning of Article 
2, the exercise of their 
health and safety protection 
rights as recognized under 
this Article, it shall be 
provided that: Unchanged 
1) Member States shall take 
the necessary measures to 
prohibit the dismissal of 
workers, within the 
meaning of Article 2, 
during the period from 
the beginning of their 
pregnancy to the end of 
the maternity ieave 
referred to in Article 
8(1), save in exceptional 
cases not connected with 
their condition which are 
permitted under national 
legislation and/or 
practice and, where 
applicable provided that 
the competent authority 
has given its consent; 1) Unchanged 
2) if worker, within the 
meaning of Article 2, is 
dismissed during the period 
referred to in point 1, the 
employer must cite duly 
substantiated grounds for 
her dismissal; 2) if a worker 
of Article 
during the 
in point 1, 
give in within the meaning 
2, is dismissed 
period referred to 
the employer must 
wr i t ing duly 
substantiated grounds for her 
dismissal. 
3) Member States shall take 
the necessary measure to 
protect workers, within the 
meaning of Article 2, from 
the consequences of 
dismissal which is unlawful 
by virtue of point 1. 3) Unchanged 
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Article 11 
Employment Rights 27.5.92 
In order to guarantee workers 
within the meaning of Article 
2 the exercise of their health 
and safety protection rights 
as recognized in this Article, 
it shall be provided that: Unchanged 
1) in the cases referred to in 
Articles 5, 6 and 7, the 
employment rights relating 
to the employment contract, 
including the maintenance 
of a payment to, and/or 
entitlement to an adeauate 
allowance f or, workers 
within the meaning of 
Article 2 must be ensured 
in accordance with national 
legislation and/or national 
pract ice; (1) in the cases referred to in 
Articles 5, 6 and 7, the 
employment rights relating to 
the employment contract, 
including the maintenance of a 
payment to, and/or entitlement 
to an allowance of eauivalent 
value f or, workers within the 
meaning of Article 2, must be 
ensured in accordance with 
national legislation and/or 
national practice; 
2) in the case referred to in 
Article 8, the following 
must be ensured: 2) ) 
) Unchanged 
a) ) 
(a) the rights connected with 
the employment contract 
of workers within the 
meaning of Article 2, 
other than those referred 
to in point (b) below; 
(b) maintenance of a payment 
to, and/or entitlement to 
an adeauate allowance 
f or, workers within the 
meaning of Article 2; (b) maintenance of a payment to, 
and/or entitlement to an 
allowance of eauivalent value 
for, workers within the meaning 
of Article 2; 
3) The allowance referred 
in point 2(b) shall 
deemed adeauate if to 
be 
j t 
guarantees income at least 
eauivalent to that which 
the worker concerned would 
receive in the event of a 
break in her activities on 
grounds connected with her 
state of health. subiect to 
any ceiling laid down under 
national legislation. - 10-
3) 27.5.92. 
and the al lowance 
in points 1 and The payment 
referred to 
2(b) shall be deemed eauivalent 
if they guarantee income at 
least 80 per cent of the salary 
of the worker concerned before 
the leave in questlon. subject 
to any ceiling laid down under 
national legislation. 
4) Member States may make 
entitlement to pay or the 
allowance referred to in 
points 1 and 2(b) 
conditional upon the worker 
concerned fulfilling the 
conditons of eligibility 
for such benefits laid down 
under national legislation. 
These conditions may under no 
circumstances provide for 
periods of previous employment 
in excess of twelve months 
immediately prior to the 
presumed date of confinement. 4) Unchanged 
Article 11a (new) 
Complaints procedure 
Member States shall introduce into 
their national leaal systems such 
measures as are necessary to enable 
all employees who consider 
themselves wronged by failure to 
comply with the obligations arising 
from this directive to pursue their 
claims by ludicial process after 
possible recourse to other 
competent authorities. 
- 11 27.5.92. 
Article 11b (new) 
Burden of proof 
In case of a dispute concerning the 
application of Articles 6. 7 and 10 
of the Directive. and arisinq 
during the period from the 
beoinning of the preonancy of a 
worker within the meaning of Art. 2 
to the end of the maternity leave 
referred to in Art.8(1). it shall 
be for the resoondent to prove that 
there has not been any 
discrimination or violatlon of 
riflhts. 
Articles 12, 13 and 14 Unchanged 
Annexes I and II Unchanged 

ISSN 0254-1475 
COM(92) 259 final 
DOCUMENTS 
EN 04 
Catalogue number: CB-CO-92-267-EN-C 
ISBN 92-77-45043-6 
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