91997E2360

WRITTEN QUESTION E-2360/97 by Katerina Daskalaki (UPE) to the Commission (10 July 1997)

Subject: Discrimination against women employees

According to reports in the Greek press, companies in Greece, particularly multinationals, have recently been requiring women employees to enter into secret contracts or oral agreements to the effect that they will not become pregnant during the course of their contract, on pain of instant dismissal or payment of a sum equal to the cost of the allowances to which they are entitled.

Apart from the legal protection provided to female employees under national legislation and international agreements, will the Commission say what measures, if any, can be taken against companies which pursue such policies and, more generally, whether it intends to investigate this whole question and take appropriate action?

Answer given by Mr Flynn on behalf of the Commission (12 September 1997)

The Commission has no knowledge of the facts referred to by the Honourable Member, and notes that her question is based on articles read in the Greek press. Having said that, the Commission fully shares the Honourable Member's concern. She notes that, in accordance with the consistent case law of the Court of Justice, making a woman redundant solely on the grounds of pregnancy constitutes discrimination directly based on gender (see, for example, the judgment of 14 July 1994 in Case C-32/93 Webb v EMO, ECR I-3567).

Article 11 of Directive 92/85/EEC concerning pregnant workers and workers who have recently given birth or are breastfeeding ((OJ L 348, 28.11.1992. )) makes provision for payment of an appropriate allowance subject to certain conditions (for example, a period of employment prior to maternity leave). The effect of this Directive would be prejudiced if national legislation allowed employers to insert a clause providing for reimbursement of the benefit in question. Such a situation would constitute an infringement of Community law. However, the Commission has no reason to suppose that this is the case with Greek legislation.

Under the terms of Article 169 of the EC Treaty, the Commission may only bring before the Court of Justice matters relating to the failure of Member States to fulfil their obligations. It does not have the legal means to enable it to take measures to end practices contrary to Community law where these are carried out by private operators.

However, those concerned may bring the matter before the national courts, which have the task of ensuring compliance with national law. In the event of doubts over the interpretation of the relevant provisions of Community law, the national courts may or must, as appropriate, refer the matter to the Court of Justice for a preliminary ruling in accordance with Article 177 of the EC Treaty.