Keywords

Summary



Keywords

1. Social policy - Protection of safety and health of workers - Pregnant workers and workers who have recently given birth or are breastfeeding - Directive 92/85 - Prohibition of dismissal - Direct effect

(Council Directive 92/85, Art. 10)

2. Social policy - Protection of safety and health of workers - Pregnant workers and workers who have recently given birth or are breastfeeding - Directive 92/85 - Prohibition of dismissal - Derogations - Requirement that Member States specify permissible grounds of dismissal - None

(Council Directive 92/85, Art. 10)

3. Social policy - Protection of safety and health of workers - Pregnant workers and workers who have recently given birth or are breastfeeding - Directive 92/85 - Prohibition of dismissal - Scope - Non-renewal of fixed-term contract because of the worker's pregnancy - Direct discrimination on the grounds of sex

(Council Directives 76/207, Arts. 2(1) and 3(1) and 92/85, Art. 10)

4. Social policy - Protection of safety and health of workers - Pregnant workers and workers who have recently given birth or are breastfeeding - Directive 92/85 - Prohibition of dismissal - Derogations - Requirement that Member States provide that the competent national authority should give its consent prior to the decision of dismissal - None

(Council Directive 92/85, Art. 10)

Summary

1. Article 10 of Directive 92/85 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, which prohibits the dismissal of such workers, has direct effect and is to be interpreted to the effect that, in the absence of transposition measures taken by a Member State within the period prescribed by that directive, it confers on individuals rights on which they may rely before a national court against the authorities of that State.

( see para. 34 and operative part 1 )

2. In allowing derogations from the prohibition of dismissal of pregnant workers, workers who have recently given birth or workers who are breastfeeding in cases not connected with their condition which are permitted under national legislation and/or practice, Article 10(1) of Directive 92/85 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 does not require the Member States to specify the particular grounds on which such workers may be dismissed.

( see para. 38 and operative part. 2 )

3. Whilst the prohibition of dismissal laid down in Article 10 of Directive 92/85 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 applies to both employment contracts for an indefinite period and fixed-term contracts, non-renewal of such a contract, when it comes to an end as stipulated, cannot be regarded as a dismissal prohibited by that provision. However, where non-renewal of a fixed-term contract is motivated by the worker's state of pregnancy, it constitutes direct discrimination on grounds of sex, contrary to Article 2(1) and 3(1) of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions.

( see para. 47, and operative part 3 )

4. In providing that the dismissal of a pregnant worker, of a worker who has recently given birth or of a worker who is breastfeeding may take place, in exceptional cases and, where applicable, provided that the competent authority has given its consent, Article 10(1) of Directive 92/85 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 is not to be interpreted as imposing on Member States any obligation to have a national authority, having found that there is an exceptional case justifying the dismissal of such a worker, give its consent prior to the employer's decision to dismiss the worker.

( see para 52, and operative part 4 )