Keywords
Summary

Keywords

1. Social policy – Male and female workers – Access to employment and working conditions – Equal treatment – Directive implementing the framework agreement on parental leave

(Council Directive 96/34, Annex, Clause 2(6))

2. Social policy – Male and female workers – Access to employment and working conditions – Equal treatment – Directive implementing the framework agreement on parental leave

(Council Directive 96/34, Annex, Clause 2(6) and (8))

3. Social policy – Male and female workers – Access to employment and working conditions – Equal treatment – Directive implementing the framework agreement on parental leave

(Council Directive 96/34, Annex, Clause 2(8))

4. Social policy – Equal treatment for men and women in matters of social security –Directive 79/7

(Council Directive 79/7, Art. 7(1)(b))

Summary

1. Clause 2(6) of the framework agreement on parental leave, annexed to Directive 96/34 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, can be relied on by individuals before a national court. That clause lays down an obligation to maintain rights acquired or in the process of being acquired by the worker on the date on which parental leave starts as they stand until the end of parental leave, including any changes arising in the meantime. The clause, which is intended to avoid any detriment to the rights of employees who have opted to take parental leave, thus requires, generally and in unequivocal terms, both national authorities and employers to recognise rights already acquired and those being acquired at the start of such leave and to guarantee that, at the end of the leave, employees will be able to continue to acquire rights as if that leave had not taken place. Accordingly, the content of that clause is thus sufficiently precise for that provision to be relied on by an individual and applied by courts.

(see paras 35-37, operative part 1)

2. Clause 2(6) and (8) of the framework agreement on parental leave, annexed to Directive 96/34 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, does not preclude the taking into account, in the calculation of an employee’s permanent invalidity pension, of the fact that he has taken a period of part-time parental leave during which he made contributions and acquired pension entitlements in proportion to the salary received.

On the one hand, Clause 2(6) of that framework agreement does not govern the entitlements and obligations derived from an employment relationship during parental leave, but refers to national legislation and to collective agreements in order to determine the regime governing the contract or employment relationship, including the extent to which the employee, during that leave, continues to acquire entitlements vis-à-vis his employer and under occupational social security schemes. On the other hand, Clause 2(8) of that framework agreement refers to maintenance of social security benefits during the period of an employee’s parental leave, without however imposing a specific obligation on Member States in that regard. Consequently, those provisions do not require the Member States to give workers a guarantee that, during the period of their part-time parental leave, they will continue to acquire entitlements to future social security benefits to the same extent as if they had continued to work on a full-time basis.

(see paras 40, 42-44, operative part 2)

3. Clause 2(8) of the framework agreement on parental leave, annexed to Directive 96/34 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, does not impose obligations on the Member States, apart from that of examining and determining social security questions related to that framework agreement in accordance with national legislation. In particular, it does not require them to ensure that during parental leave employees continue to receive social security benefits. Clause 2(8) thereof cannot be relied on by individuals before a national court against public authorities.

(see para. 51, operative part 3)

4. The principle of equal treatment for men and women and, in particular, the principle of equal treatment for men and women in matters of social security, within the meaning of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, does not preclude an employee, during part-time parental leave, from acquiring entitlements to a permanent invalidity pension according to the time worked and the salary received and not as if he had worked on a full-time basis.

The purpose of that directive is only the progressive implementation of the principle of equal treatment for men and women in matters of social security and, pursuant to Article 7(1)(b) thereof, Member States may exclude from its scope the acquisition of entitlements to social security benefits under statutory schemes following periods of interruption of employment due to the bringing up of children. It follows that the acquisition of entitlement to social security benefits following periods of interruption of employment due to the bringing up of children is still a matter for the Member States to regulate.

(see paras 60-61, 63, operative part 4)