CJEU: Pregnant workers, workers who have recently given birth or are breastfeeding who work shifts
Pregnant workers, workers who have recently given birth or are breastfeeding who work shifts, some of which are at night, must be regarded as performing night work and enjoy specific protection against the risks that night work is liable to pose.
Ms Isabel González Castro works as a security guard for Prosegur España SL. In November 2014, she gave birth to a boy who was breastfed. Since March 2015, Ms González Castro has performed her duties in a shopping centre, on the basis of a variable rotating pattern of eight-hour shifts, some of which are worked at night. She sought the suspension of her contract and the grant of the allowance provided for under Spanish legislation. To that end, she requested the Mutua Umivale (a non-profit private mutual insurance company providing cover for risks relating to accidents at work and occupational diseases) to issue her with a medical certificate indicating the existence of a risk to breastfeeding posed by her work. Her application having been refused, Ms González Castro lodged a complaint which was rejected. She brought an appeal against that rejection before the Tribunal Superior de Justicia de Galicia (High Court of Justice of Galicia, Spain).
Directive 92/85 on the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding provides, in particular, that those workers must not be obliged to perform night work during their pregnancy and for a period following childbirth, subject to submission of a medical certificate stating that this is necessary for their safety or health. Directive 2006/54 on equal treatment of men and women in matters of employment and occupation provides, for its part, for a reversal of the burden of proof. Accordingly, when a person considers himself wronged because the principle of equal treatment has not been applied to him and establishes, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it is for the respondent to prove that there has been no breach of the principle of equal treatment.
Latest News from
Coronavirus: EU supports Member States with transport of essential supplies02/08/2021 09:25:00
The Commission continues to provide further financial support to six Member States through the Mobility Package of the Emergency Support Instrument amounting to over €14 million, for the transport of COVID-19 vaccination-related equipment and COVID-19 therapeutics.
EU Cohesion policy: €3.7 billion from REACT-EU to support measures for recovery and digital and green transition in Spain30/07/2021 15:25:00
The Commission has granted €3.7 billion for the recovery and digital and green transition of Spain under REACT-EU.
European Roma Holocaust Memorial Day: Statement by President von der Leyen, Vice-President Jourová and Commissioner Dalli30/07/2021 13:25:00
European Roma Holocaust Memorial Day: Statement given by President von der Leyen, Vice-President Jourová and Commissioner Dalli.
Global Education Summit: Team Europe pledges leading contribution of €1.7 billion to the Global Partnership for Education30/07/2021 11:33:00
At yesterday's Global Education Summit in London, the European Union and its Member States, as Team Europe, pledged €1.7 billion to the Global Partnership for Education (GPE) to help transform education systems for more than one billion girls and boys in up to 90 countries and territories.
EU Cohesion policy: Commission adopts €21 billion Greek Partnership Agreement for 2021-202730/07/2021 09:25:00
The Commission has adopted the first Partnership Agreement for the 2021-2027 programming period for Greece, the first EU country to submit its strategic reference document for deploying more than €21 billion of investments for its economic, social and territorial cohesion.
Commission adopts new guidance on how to climate-proof future infrastructure projects29/07/2021 15:25:00
Today, the European Commission has published new technical guidance on climate-proofing of infrastructure projects for the period 2021-2027.
Mergers: Commission approves acquisition of Telekom Romania by Orange, subject to conditions29/07/2021 13:25:00
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Telekom Romania Communications (“TKR”) by Orange SA (“Orange”).
Delta AM completes first €75 million closing of its SME senior secured fund with EU support29/07/2021 12:43:00
Delta AM, an alternative asset manager that is part of Groupe Burrus (via Dôm Finance), has completed the first closing of its senior secured fund, France Économie Réelle (FER), raising around €75 million from the European Investment Fund (EIF), backed by the Investment Plan for Europe, an anchor investor alongside Groupe Burrus and nine other key institutional investors.
EU invests €122 million in innovative projects to decarbonise the economy28/07/2021 09:25:00
For the first time since the creation of the Innovation Fund, the European Union is investing €118 million into 32 small innovative projects located in 14 EU Member States, Iceland and Norway.