To take minimum measures to protect the health and safety of pregnant workers, womenworkers who have recently given birth and women who are breastfeeding, considering them to be a specific risk group.
Council Directive 92/85/EEC of 19 October 1992 concerning the implementation of measures to encourage improvements in the safety and health of pregnant workers, women workers who have recently given birth and women who are breastfeeding. (Tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC.)
- 1.
- Application of the framework Directive 89/391/EEC concerning the implementation of measures to encourage improvements in the safety and health of pregnant workers, women workers who have recently given birth and women who are breastfeeding.
- 2.
- Definition of the terms "pregnant workers", "women workers who have recently given birth" and "women who are breastfeeding": all pregnant workers, those who have recently given birth and those who are breastfeeding and who duly notify their employer of their condition in accordance with legal provisions and/or national practices.
- 3.
- In consultation with the Member States and assisted by the Advisory Committee on Safety, Hygiene and Health Protection at Work, the Commission shall draw up guidelines on the assessment of the chemical, physical and biological agents and industrial processes considered dangerous for the health and safety of the relevant workers, to include physical movements and postures, mental and physical fatigue and other types of physical and mental stress. For all activities liable to involve a risk, the employer or the health and safety service must determine the nature, degree and duration of exposure in order to evaluate the risks and decide what measures should be taken. Workers to be notified of the results and of measures involving health and safety at work.
- 4.
- Exposure of the workers in question to the above risks to be avoided by provisionally adjusting their working conditions or their working hours. Where such adjustment is not technically and/or objectively feasible, or cannot reasonably be required on duly substantiated grounds, the employer shall take the necessary measures to move the worker concerned to another job. Where transfer to another activity is not feasible, the workers in question must be granted leave for the whole of the period considered necessary to protect their safety and health.
- 5.
- Pregnant workers may under no circumstances be obliged to perform duties for which the assessment has revealed a risk of exposure to the agents and working conditions listed in Annex II, Section A, and, in the case of workers who are breastfeeding, to the agents and working conditions listed in Annex II, Section B.
- 6.
- Member States shall take the necessary measures to ensure that the workers concerned are not obliged to perform night work during their pregnancy and for a period following child birth, subject to submission of a medical certificate, by transferring them to daytime work where possible, otherwise by excusing them from work or extending maternity leave.
- 7.
- Maternity leave to be for an uninterrupted period of at least 14 weeks before and/or after delivery.
- 8.
- Pregnant workers have the right to take leave from work without loss of pay to enable them to attend ante-natal examinations if such examinations take place during working hours.
- 9.
- Women may not be dismissed for reasons related to their condition for the period from the beginning of their pregnancy to the end of the period of leave from work. In the event of dismissal, the employer must give good grounds in writing. Measures should be taken to protect women workers from the consequences of unlawful dismissal.
- 10.
- The employment rights relating to the employment contract, including the maintenance of a payment to, and/or entitlement to an adequate allowance for the pregnant workers, workers who have recently given birth and workers who are breastfeeding must be insured. In the case of maternity leave, the pay and allowance shall be deemed adequate if it guarantees income at least equivalent to that which the workers concerned would receive in the event of a break in her activities on grounds connected with her state of health, subject to any ceiling laid down under national legislation. This right to pay or to an allowance may be subject to certain conditions though not the condition that a period of work of more than 12 months should have immediately preceded the presumed date of delivery.
- 11.
- Defence of rights
The Member States shall introduce into their national legal systems such measures as are necessary to enable workers who consider themselves wronged by failure to comply with the obligations arising from this Directive to pursue their claims by judicial process or by recourse to other competent authorities.
- 12.
- Technical adjustments to Annex I shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC. Annex II may be amended only in accordance with Article 118A of the Treaty.
- 13.
- The Directive may not have the effect of reducing the level of protection afforded to pregnant workers, workers who have recently given birth or who are breastfeeding as compared with the situation which exists in each Member State on the date on which it is adopted.
- 14.
- Member States shall report to the Commission every five years on the practical implementation of the Directive, indicating the points of view of the two sides of industry.
- 15.
- The Council will reexamine the Directive on the basis of the Commission assessment and will revise it if necessary on the basis of a Commission proposal by 19 October 1997 at the latest.
4) DEADLINE FOR IMPLEMENTATION OF THE LEGISLATION IN THE MEMBER STATES
19.10.1994
5) DATE OF ENTRY INTO FORCE (if different from the above)
Official Journal L 348, 28.11.1992
8) COMMISSION IMPLEMENTING MEASURES