EN Official Journal of the European Union CE 88/698

(2004/C 88 E/0717)

WRITTEN QUESTION E-0496/04

by María Sornosa Martínez (PSE) and María Valenciano Martínez-Orozco (PSE) to the Commission

(23 February 2004)

Subject: Research into Spanish Labour Ministry bursaries

The Commission's reply to our Question E-2188/03 (1) as to possible discrimination against pregnant women by the Spanish Labour Ministry when granting working bursaries acknowledge that there was a possible infringement of Community law on equality of treatment for men and women, and stated that the Commission would investigate.

What stage has this investigation reached, and if the Spanish authorities have responded, in what terms have they done so?

Supplementary answer given by Mr Dimas on behalf of the Commission

(29 June 2004)

In written questions E-2188/03 and E-0496/04, the Honourable Members asked if the Commission considered that the regulations governing the award of grants by the Institute for Women complies with Directive 92/85/EEC (2).

As previously indicated, the Commission has been in contact with the Spanish authorities in relation to this issue. The Spanish authorities have indicated that Article 12 of Ministerial Order No 939/2003 on the procedure for awarding grants for training in the Institute for Women for the year 2003 provides for the possibility of suspending, and subsequently reinstating, the grant in the event of maternity, adoption or permanent fostering of a child. By virtue of Law No 39/1999 of 5 November on reconciling family and working life, this right is also extended to fathers who are grant-holders. A grant-holder who avails of the possibility of suspending the grant in accordance with this provision can subsequently return to training and complete the entire training course after the period during which the grant is suspended.

The Spanish authorities point out that the grant-holders are not employed persons who come under the Workers' Statute or any other labour legislation, since the grant cannot be classified as pay and the relationship between the grant-holder and the awarding body cannot be classified as that of an employer/worker. In this regard, Article 7.2 of the Ministerial Order provides that, pursuant to the principle of law, the award and holding of grants does not establish any employment or statutory relationship between the holders and the Institute for Women.

Directive 92/85/EEC provides for minimum protection, including a right to 14 consecutive weeks maternity leave, for three categories of female worker, namely pregnant workers, workers who have recently given birth and workers who are breastfeeding. However, as the recipients of the training grants from the Spanish Institute for Women are trainees rather than workers they do not come within the scope of Directive 92/85/EEC.

In addition, there is no discrimination on grounds of sex as the option of suspending the grant is available to both women and men.

(1) OJ C 33 E, 6.2.2004, p. 232.

(2) 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 (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), OJ L 348, 28.11.1992.