Keywords
Summary

Keywords

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Social policy ° Men and women ° Access to employment and working conditions ° Equal treatment ° Contract without a fixed term for night-time work between an employer and a pregnant woman, both of whom were unaware of the pregnancy ° Void on account of the statutory prohibition on night-time work by pregnant women or avoided by the employer on account of a mistake on his part ° Not permissible

(Council Directive 76/207/EEC, Arts 2(1) and (3), 3(1) and 5(1))

Summary

Article 2(1) and (3), read in conjunction with Articles 3(1) and 5(1) of Council Directive 76/207/EEC 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, precludes an employment contract without a fixed term for night-time work entered into by an employer and a pregnant employee, both of whom were unaware of the pregnancy, from being held to be void on account of the statutory prohibition on night-time work which applies, by virtue of national law, during pregnancy and breastfeeding, or from being avoided by the employer on account of a mistake on his part as to the essential personal characteristics of the woman at the time when the contract was concluded.

In the case of a contract without a fixed term, the prohibition on night-time work by pregnant women takes effect only for a limited period in relation to the total length of the contract, and to hold the contract invalid or to avoid it because of the temporary inability of the pregnant employee to perform the night-time work for which she was engaged would be contrary to the objective of protecting such persons pursued by Article 2(3) of the directive and would deprive that provision of its effectiveness.