EN Official Journal of the European Union CE 70/208

(2004/C 70 E/224)

WRITTEN QUESTION E-3065/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(17 October 2003)

Subject: Discrimination against women

Article 6 of an employment contract for the recruitment of 44 agronomists by the ELGA Greek Farmers' Insurance Organisation which is the responsibility of the Ministry of Agriculture, states that ‘in case of a female employee becoming pregnant, and by the very nature of evaluation activities, thus prevented from carrying out her duties, her employment contract shall be suspended with the option of resuming her employment after the end of her maternity leave, subject to the needs of the service’. This provision of the employment contract is an outright violation of the principle of equal treatment between men and women, the Charter of Fundamental Rights, Community law as embodied in Directives 76/207/EEC (1) and 86/613/EEC (2) and the case law established by the European Court of Justice.

Does the Commission consider such employment contract provisions acceptable? What measures will it take to have the contract invalidated?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 December 2003)

The Honourable Member is asking if the Commission considers acceptable a provision in an employment contract which states that ‘in case of a female employee becoming pregnant, and by the very nature of evaluation activities, thus prevented from carrying out her duties, her employment contract shall be suspended with the option of resuming her employment after the end of her maternity leave, subject to the needs of the service’.

Council Directive 92/85/EEC of 19 October 1992 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 (3) requires employers to carry out a risk assessment in respect of activities liable to involve a risk to pregnant workers, workers who have recently given birth or workers who are breastfeeding. Should the assessment reveal a risk to health and safety, the risk must be removed, the worker must be transferred to suitable alternative employment or Health and Safety leave must be granted. During this leave, the employment rights relating to the employment contract, including maintenance of a payment or an adequate allowance, are maintained. Directive 92/85/EEC also prohibits the dismissal of a pregnant worker or a worker who has recently given birth or is breastfeeding during the period from the beginning of the pregnancy to the end of the maternity leave period save in exceptional cases unrelated to the pregnancy, having given birth or breastfeeding. Furthermore, Council Directive 76/207/EEC of 9 February 1976 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 prohibits discrimination in relation to employment on grounds of sex. It is well established in European Court of Justice case law that discrimination on grounds of pregnancy is direct discrimination on grounds of sex.

The provision in the employment contract referred to by the Honourable Member would appear to be in contravention of Directive 92/85/EEC. It may also be contrary to Directive 76/207/EEC. As the ELGA Greek Farmers' Insurance Organisation is the responsibility of the Ministry for Agriculture, the Commission will contact the Greek authorities with a view to obtaining further information in relation to this issue and will inform the Honourable Member as soon as the information is received.

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

(2) OJ L 359, 19.12.1986, p. 56.

(3) OJ L 348, 28.11.1992.