WRITTEN QUESTION E-0379/04 by Alexandros Alavanos (GUE/NGL) to the Commission. Dismissal of pregnant workers.
Date: 2004-02-12
Institutions: European Parliament, Provisional data
Subjects: Greece, application of EU law, competence of the Member States, labour law, motherhood, position of women, temporary employment, unfair dismissal

C 84 E/382

Official Journal of the European Union

EN

3.4.2004

a proposal for a strategy and a timetable for the different actions. As one important part of the work, the
Commission will present information on the economic and social burden of alcohol, including issues of
promotion of alcohol, protection of children and young people.

Community actions have to complement national policies. But as the Community can only adopt
4.
binding legislation within the remits of paragraph 4 of Article 152 of the EC Treaty, the Commission
would like to emphasise the central role of the Member States in tackling these phenomena. Hence
combating problems caused by alcopops and by alcohol
in general needs concerted actions by all
stakeholders, including families, schools, employers, industry, advertisers and national regulators. Effective
enforcement of existing national legislation, for example on age limits, could already make a significant
difference.

(1) OJ L 161, 16.6.2001.

(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

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.

Can the Commission investigate and decide whether the freelance contracts of the staff at the KEPs,

1.
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?

(1) OJ L 348, 28.11.1992, p. 1.
(2) OJ L 39, 14.2.1976, p. 40.

Answer given by Mr Dimas on behalf of the Commission

(22 March 2004)

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

According to the information provided to the Commission, Greece has properly transposed
2.
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.