EUR-Lex - 32001L0023 - EN Avis juridique important | 32001L0023 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses Official Journal L 082 , 22/03/2001 P. 0016 - 0020 Council Directive 2001/23/ECof 12 March 2001on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businessesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 94 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Having regard to the opinion of the Economic and Social Committee(2),Whereas:(1) Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses(3) has been substantially amended(4). In the interests of clarity and rationality, it should therefore be codified.(2) Economic trends are bringing in their wake, at both national and Community level, changes in the structure of undertakings, through transfers of undertakings, businesses or parts of undertakings or businesses to other employers as a result of legal transfers or mergers.(3) It is necessary to provide for the protection of employees in the event of a change of employer, in particular, to ensure that their rights are safeguarded.(4) Differences still remain in the Member States as regards the extent of the protection of employees in this respect and these differences should be reduced.(5) The Community Charter of the Fundamental Social Rights of Workers adopted on 9 December 1989 ("Social Charter") states, in points 7, 17 and 18 in particular that: "The completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community. The improvement must cover, where necessary, the development of certain aspects of employment regulations such as procedures for collective redundancies and those regarding bankruptcies. Information, consultation and participation for workers must be developed along appropriate lines, taking account of the practice in force in the various Member States. Such information, consultation and participation must be implemented in due time, particularly in connection with restructuring operations in undertakings or in cases of mergers having an impact on the employment of workers".(6) In 1977 the Council adopted Directive 77/187/EEC to promote the harmonisation of the relevant national laws ensuring the safeguarding of the rights of employees and requiring transferors and transferees to inform and consult employees' representatives in good time.(7) That Directive was subsequently amended in the light of the impact of the internal market, the legislative tendencies of the Member States with regard to the rescue of undertakings in economic difficulties, the case-law of the Court of Justice of the European Communities, Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies(5) and the legislation already in force in most Member States.(8) Considerations of legal security and transparency required that the legal concept of transfer be clarified in the light of the case-law of the Court of Justice. Such clarification has not altered the scope of Directive 77/187/EEC as interpreted by the Court of Justice.(9) The Social Charter recognises the importance of the fight against all forms of discrimination, especially based on sex, colour, race, opinion and creed.(10) This Directive should be without prejudice to the time limits set out in Annex I Part B within which the Member States are to comply with Directive 77/187/EEC, and the act amending it,HAS ADOPTED THIS DIRECTIVE:CHAPTER IScope and definitionsArticle 11. (a) This Directive shall apply to any transfer of an undertaking, business, or part of an undertaking or business to another employer as a result of a legal transfer or merger.(b) Subject to subparagraph (a) and the following provisions of this Article, there is a transfer within the meaning of this Directive where there is a transfer of an economic entity which retains its identity, meaning an organised grouping of resources which has the objective of pursuing an economic activity, whether or not that activity is central or ancillary.(c) This Directive shall apply to public and private undertakings engaged in economic activities whether or not they are operating for gain. An administrative reorganisation of public administrative authorities, or the transfer of administrative functions between public administrative authorities, is not a transfer within the meaning of this Directive.2. This Directive shall apply where and in so far as the undertaking, business or part of the undertaking or business to be transferred is situated within the territorial scope of the Treaty.3. This Directive shall not apply to seagoing vessels.Article 21. For the purposes of this Directive:(a) "transferor" shall mean any natural or legal person who, by reason of a transfer within the meaning of Article 1(1), ceases to be the employer in respect of the undertaking, business or part of the undertaking or business;(b) "transferee" shall mean any natural or legal person who, by reason of a transfer within the meaning of Article 1(1), becomes the employer in respect of the undertaking, business or part of the undertaking or business;(c) "representatives of employees" and related expressions shall mean the representatives of the employees provided for by the laws or practices of the Member States;(d) "employee" shall mean any person who, in the Member State concerned, is protected as an employee under national employment law.2. This Directive shall be without prejudice to national law as regards the definition of contract of employment or employment relationship.However, Member States shall not exclude from the scope of this Directive contracts of employment or employment relationships solely because:(a) of the number of working hours performed or to be performed,(b) they are employment relationships governed by a fixed-duration contract of employment within the meaning of Article 1(1) of Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a tempory employment relationship(6), or(c) they are temporary employment relationships within the meaning of Article 1(2) of Directive 91/383/EEC, and the undertaking, business or part of the undertaking or business transferred is, or is part of, the temporary employment business which is the employer.CHAPTER IISafeguarding of employees' rightsArticle 31. The transferor's rights and obligations arising from a contract of employment or from an employment relationship existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee.Member States may provide that, after the date of transfer, the transferor and the transferee shall be jointly and severally liable in respect of obligations which arose before the date of transfer from a contract of employment or an employment relationship existing on the date of the transfer.2. Member States may adopt appropriate measures to ensure that the transferor notifies the transferee of all the rights and obligations which will be transferred to the transferee under this Article, so far as those rights and obligations are or ought to have been known to the transferor at the time of the transfer. A failure by the transferor to notify the transferee of any such right or obligation shall not affect the transfer of that right or obligation and the rights of any employees against the transferee and/or transferor in respect of that right or obligation.3. Following the transfer, the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms applicable to the transferor under that agreement, until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement.Member States may limit the period for observing such terms and conditions with the proviso that it shall not be less than one year.4. (a) Unless Member States provide otherwise, paragraphs 1 and 3 shall not apply in relation to employees' rights to old-age, invalidity or survivors' benefits under supplementary company or intercompany pension schemes outside the statutory social security schemes in Member States.(b) Even where they do not provide in accordance with subparagraph (a) that paragraphs 1 and 3 apply in relation to such rights, Member States shall adopt the measures necessary to protect the interests of employees and of persons no longer employed in the transferor's business at the time of the transfer in respect of rights conferring on them immediate or prospective entitlement to old age benefits, including survivors' benefits, under supplementary schemes referred to in subparagraph (a).Article 41. The transfer of the undertaking, business or part of the undertaking or business shall not in itself constitute grounds for dismissal by the transferor or the transferee. This provision shall not stand in the way of dismissals that may take place for economic, technical or organisational reasons entailing changes in the workforce.Member States may provide that the first subparagraph shall not apply to certain specific categories of employees who are not covered by the laws or practice of the Member States in respect of protection against dismissal.2. If the contract of employment or the employment relationship is terminated because the transfer involves a substantial change in working conditions to the detriment of the employee, the employer shall be regarded as having been responsible for termination of the contract of employment or of the employment relationship.Article 51. Unless Member States provide otherwise, Articles 3 and 4 shall not apply to any transfer of an undertaking, business or part of an undertaking or business where the transferor is the subject of bankruptcy proceedings or any analogous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor and are under the supervision of a competent public authority (which may be an insolvency practioner authorised by a competent public authority).2. Where Articles 3 and 4 apply to a transfer during insolvency proceedings which have been opened in relation to a transferor (whether or not those proceedings have been instituted with a view to the liquidation of the assets of the transferor) and provided that such proceedings are under the supervision of a competent public authority (which may be an insolvency practioner determined by national law) a Member State may provide that:(a) notwithstanding Article 3(1), the transferor's debts arising from any contracts of employment or employment relationships and payable before the transfer or before the opening of the insolvency proceedings shall not be transferred to the transferee, provided that such proceedings give rise, under the law of that Member State, to protection at least equivalent to that provided for in situations covered by Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer(7), and, or alternatively, that,(b) the transferee, transferor or person or persons exercising the transferor's functions, on the one hand, and the representatives of the employees on the other hand may agree alterations, in so far as current law or practice permits, to the employees' terms and conditions of employment designed to safeguard employment opportunities by ensuring the survival of the undertaking, business or part of the undertaking or business.3. A Member State may apply paragraph 20(b) to any transfers where the transferor is in a situation of serious economic crisis, as defined by national law, provided that the situation is declared by a competent public authority and open to judicial supervision, on condition that such provisions already existed in national law on 17 July 1998.The Commission shall present a report on the effects of this provision before 17 July 2003 and shall submit any appropriate proposals to the Council.4. Member States shall take appropriate measures with a view to preventing misuse of insolvency proceedings in such a way as to deprive employees of the rights provided for in this Directive.Article 61. If the undertaking, business or part of an undertaking or business preserves its autonomy, the status and function of the representatives or of the representation of the employees affected by the transfer shall be preserved on the same terms and subject to the same conditions as existed before the date of the transfer by virtue of law, regulation, administrative provision or agreement, provided that the conditions necessary for the constitution of the employee's representation are fulfilled.The first subparagraph shall not supply if, under the laws, regulations, administrative provisions or practice in the Member States, or by agreement with the representatives of the employees, the conditions necessary for the reappointment of the representatives of the employees or for the reconstitution of the representation of the employees are fulfilled.Where the transferor is the subject of bankruptcy proceedings or any analoguous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor and are under the supervision of a competent public authority (which may be an insolvency practitioner authorised by a competent public authority), Member States may take the necessary measures to ensure that the transferred employees are properly represented until the new election or designation of representatives of the employees.If the undertaking, business or part of an undertaking or business does not preserve its autonomy, the Member States shall take the necessary measures to ensure that the employees transferred who were represented before the transfer continue to be properly represented during the period necessary for the reconstitution or reappointment of the representation of employees in accordance with national law or practice.2. If the term of office of the representatives of the employees affected by the transfer expires as a result of the transfer, the representatives shall continue to enjoy the protection provided by the laws, regulations, administrative provisions or practice of the Member States.CHAPTER IIIInformation and consultationArticle 71. The transferor and transferee shall be required to inform the representatives of their respective employees affected by the transfer of the following:- the date or proposed date of the transfer,- the reasons for the transfer,- the legal, economic and social implications of the transfer for the employees,- any measures envisaged in relation to the employees.The transferor must give such information to the representatives of his employees in good time, before the transfer is carried out.The transferee must give such information to the representatives of his employees in good time, and in any event before his employees are directly affected by the transfer as regards their conditions of work and employment.2. Where the transferor or the transferee envisages measures in relation to his employees, he shall consult the representatives of this employees in good time on such measures with a view to reaching an agreement.3. Member States whose laws, regulations or administrative provisions provide that represenatives of the employees may have recourse to an arbitration board to obtain a decision on the measures to be taken in relation to employees may limit the obligations laid down in paragraphs 1 and 2 to cases where the transfer carried out gives rise to a change in the business likely to entail serious disadvantages for a considerable number of the employees.The information and consultations shall cover at least the measures envisaged in relation to the employees.The information must be provided and consultations take place in good time before the change in the business as referred to in the first subparagraph is effected.4. The obligations laid down in this Article shall apply irrespective of whether the decision resulting in the transfer is taken by the employer or an undertaking controlling the employer.In considering alleged breaches of the information and consultation requirements laid down by this Directive, the argument that such a breach occurred because the information was not provided by an undertaking controlling the employer shall not be accepted as an excuse.5. Member States may limit the obligations laid down in paragraphs 1, 2 and 3 to undertakings or businesses which, in terms of the number of employees, meet the conditions for the election or nomination of a collegiate body representing the employees.6. Member States shall provide that, where there are no representatives of the employees in an undertaking or business through no fault of their own, the employees concerned must be informed in advance of:- the date or proposed date of the transfer,- the reason for the transfer,- the legal, economic and social implications of the transfer for the employees,- any measures envisaged in relation to the employees.CHAPTER IVFinal provisionsArticle 8This Directive shall not affect the right of Member States to apply or introduce laws, regulations or administrative provisions which are more favourable to employees or to promote or permit collective agreements or agreements between social partners more favourable to employees.Article 9Member States shall introduce into their national legal systems such measures as are necessary to enable all employees and representatives of employees who consider themselves wronged by failure to comply with the obligations arising from this Directive to pursue their claims by judicial process after possible recourse to other competent authorities.Article 10The Commission shall submit to the Council an analysis of the effect of the provisions of this Directive before 17 July 2006. It shall propose any amendment which may seem necessary.Article 11Member States shall communicate to the Commission the texts of the laws, regulations and administrative provisions which they adopt in the field covered by this Directive.Article 12Directive 77/187/EEC, as amended by the Directive referred to in Annex I, Part A, is repealed, without prejudice to the obligations of the Member States concerning the time limits for implementation set out in Annex I, Part B.References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.Article 13This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 14This Directive is addressed to the Member States.Done at Brussels, 12 March 2001.For the CouncilThe PresidentB. Ringholm(1) Opinion delivered on 25 October 2000 (not yet published in the Official Journal).(2) OJ C 367, 20.12.2000, p. 21.(3) OJ L 61, 5.3.1977, p. 26.(4) See Annex I, Part A.(5) OJ L 48, 22.2.1975, p. 29. Directive replaced by Directive 98/59/EC (OJ L 225, 12.8.1998, p. 16).(6) OJ L 206, 29.7.1991, p. 19.(7) OJ L 283, 20.10.1980, p. 23. Directive as last amended by the 1994 Act of Accession.ANNEX IPART ARepealed Directive and its amending Directive(referred to in Article 12)Council Directive 77/187/EEC (OJ L 61, 5.3.1977, p. 26)Council Directive 98/50/EC (OJ L 201, 17.7.1998, p. 88)PART BDeadlines for transposition into national law(referred to in Article 12)>TABLE>ANNEX IICORRELATION TABLE>TABLE>

Summary: Protecting employment rights when business ownership is transferred Protecting employment rights when business ownership is transferred SUMMARY OF: Directive 2001/23/EC - on the safeguarding of employees' rights when the ownership of a company or business is transferred SUMMARY WHAT DOES THIS DIRECTIVE DO? It sets out the EU-wide rights of employees when there is transfer of ownership of a company or business in which they work, as well as the obligations of the transferor and transferee. KEY POINTS Scope The Directive applies to all types of employment relationships regardless of: — the number of working hours, performed or to be performed — the type of employment contract (undetermined, fixed-duration, or temporary). It applies to all companies, public or private, which are engaged in economic activities whether or not they are operating for profit. Transfer of ownership — the transfer of ownership may be the result of a legal transfer or merger, — the person or company receiving the transfer becomes the employer of the company transferred to them. Transfer of employment relationships — The transfer of a company is not a ground for dismissal. Dismissal may only take place for economic, technical or organisational reasons. — Employees maintain their rights and obligations, as set out in an existing employment contract or relationship, when ownership is transferred. — The terms and conditions for employees of a collective agreement with the transferred company are maintained for its duration. However, this period may be limited by national governments but not to less than one year. — Employees' rights and obligations under the complementary social protection schemes are not transferred. However, national governments may take measures to protect the rights to retirement benefits acquired under these schemes. — Employees do not keep their rights and obligations when the transfer is undertaken as part of insolvency or bankruptcy proceedings. National governments may take action to prevent the misuse of insolvency proceedings to deprive employees of their rights. Employee representatives — Employee representatives must continue to carry out their role during a transfer until their reappointment is possible. Employees must continue to be represented, including in the case of bankruptcy or insolvency proceedings. — Representatives must be consulted before measures concerning employees are adopted. — Both the former and new employer must inform employees or their representatives in good time, of: — the date or proposed date of the transfer — the reasons for the transfer — the legal, economic and social implications of the transfer for the employees — any measures envisaged in relation to the employees. — If an arbitration board exists in the EU country concerned, these information and consultation requirements may be restricted to cases where the transfer disadvantages a considerable number of employees. BACKGROUND Working conditions - transfer of undertakings. ACT Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Council Directive 2001/23/EC 11.4.2001 16.2.1979 OJ L 82, 22.3.2001, pp. 16–20 Successive amendments and changes to Directive 2001/23/EC have been incorporated in the original text. This consolidated version is of documentary value only. last update 06.10.2015


EUR-Lex - 32002D0956 - EN Avis juridique important | 32002D0956 2002/956/JHA: Council Decision of 28 November 2002 setting up a European Network for the Protection of Public Figures Official Journal L 333 , 10/12/2002 P. 0001 - 0002 Council Decisionof 28 November 2002setting up a European Network for the Protection of Public Figures(2002/956/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (c) and Article 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Spain(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Apart from the Council Recommendation of 6 December 2001 setting a common scale for assessing threats to public figures visiting the European Union(3), no Union legislation, standards or manuals of a general nature exist to govern the protection of public figures, whether they be national public figures or those of Community or foreign origin.(2) The possibility of assaults and attacks to those figures cannot be excluded.(3) The protection of public figures is the responsibility of the host Member State. Protective measures of the host Member State are based solely on the legal provisions in force in that Member State and the relevant international agreements.(4) The increased travel by public figures within the Union requires a formal channel for communication and consultation between national Authorities,HAS DECIDED AS FOLLOWS:Article 11. A European network for the protection of public figures, hereinafter referred to as "the Network", is hereby created.2. The Network shall consist of the national police services and other services responsible for the protection of the public figures. Each Member State shall designate a single contact point. Information concerning the designated national contact points, including subsequent modifications, shall be transmitted to the General Secretariat of the Council which shall publish the information in the Official Journal.Article 2For the purposes of this Decision, "public figure" shall mean any person to whom a protection service is assigned in accordance with the national legislation of a Member State or pursuant to the regulations of an international or supranational organisation or institution.Article 31. The Network activity shall be promoted by the Member State holding the Presidency of the Council.2. Candidate countries and Europol may also designate a contact point to participate in the Network.The Presidency shall consider, on a case-by-case basis, on the participation of the Commission and the General Secretariat of the Council in the activities of the Network as referred to in Article 4(a), (b), (c) and (d).Article 4The Network shall have the following objectives:(a) promoting the exchange of information between the departments participating in the Network, in particular:- general and technical information and experience regarding the protection of public figures,- information on the most appropriate criteria for selecting and training appropriate staff of the services which are responsible for the protection of public figures;(b) promoting the development of a set of common best practices as regards operational activities undertaken by the departments participating in the Network;(c) promoting the mutual secondment of officials of the departments participating in the Network;(d) allowing the departments participating in the Network to exchange information, communicate and develop common views on:- procedures and requests for authorisation by the host Member State of the presence in its territory of the protection services of the requesting State accompanying a public figure,- methods of common action to prevent assaults and attacks, including the way in which officials and resources could be deployed,- protocols on the priority to be granted to the protected public figure during movement of delegations,- collaboration with relevant law enforcement services and other public departments,- recommendations regarding media;(e) favouring the exchange, in accordance with the national legislation, of operational information, either through the contact points or by means of direct contacts between the responsible services, as communicated by the contact points, concerning the application of security in cases where the protection of a public figure has to be assured in two or more Member States.Article 5The Network shall submit an annual report to the Council on the development of its activities. The Council will evaluate the activities of the Network every three years.Article 6This Decision shall take effect on the day following that of its adoption by the Council.Done at Brussels, 28 November 2002.For the CouncilThe PresidentB. Haarder(1) OJ C 42, 15.2.2002, p. 14.(2) Opinion delivered on 30 May 2002 (not yet published in the Official Journal).(3) OJ C 356, 14.12.2001, p. 1.

Summary: European network for the protection of public figures European network for the protection of public figures The responsibility for protecting public figures against assaults or attacks when visiting the European Union (EU) lies with the EU countries. Due to the growing number of visits to the EU, this decision sets up a European network for the protection of public figures to act as an official communication and consultation channel for national authorities. ACT Council Decision 2002/956/JHA of 28 November 2002 setting up a European Network for the Protection of Public Figures [See amending act(s)]. SUMMARY The protection of visiting public figures is the responsibility of the host European Union (EU) country. Following a Council recommendation of 6 December 2001 setting a common scale for assessing threats to public figures visiting the EU and an initiative of Spain, the Council adopted this decision to close loopholes in the law on the protection of public figures. This decision sets up a European network for the protection of public figures. The network consists of national police and other competent services dealing with the protection of public figures. Each EU country designates a national contact point for the network. Candidate countries to the EU as well as Europol may also designate contact points. The public figures covered by the decision are those who visit the EU either in an official or non-official capacity and to whom a protection service is assigned under the national law of an EU country or the rules of an international or supranational organisation or institution. The EU country holding the Presidency of the Council is responsible for promoting the activities of the network. The objectives of the network are to: promote the exchange of general and technical information and experience between the national services participating in the network; promote the development of a set of common best practices for the operational activities of the national services; promote the reciprocal secondment of national officials; allow the national services participating in the network to exchange information, communicate and develop common views on procedures and methods relating to the protection of public figures; encourage the exchange of operational information concerning the application of security when a public figure must be protected in two or more EU countries; encourage collaboration between the authorities of national protection services on the application of protection when the public figure must be protected in two or more EU countries. The network must report annually to the Council, which is to evaluate the activities of the network every three years. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2002/956/JHA 29.11.2002 - OJ L 333 of 10.12.2002 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Decision 2009/796/JHA 19.11.2009 - OJ L 283 of 30.10.2009 Last updated: 08.04.2010


EUR-Lex - 31992L0085 - EN Avis juridique important | 31992L0085 Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) Official Journal L 348 , 28/11/1992 P. 0001 - 0008 Finnish special edition: Chapter 5 Volume 6 P. 0003 Swedish special edition: Chapter 5 Volume 6 P. 0003 COUNCIL DIRECTIVE 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,Having regard to the proposal from the Commission, drawn up after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at work (1),In cooperation with the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to protect the safety and health of workers;Whereas this Directive does not justify any reduction in levels of protection already achieved in individual Member States, the Member States being committed, under the Treaty, to encouraging improvements in conditions in this area and to harmonizing conditions while maintaining the improvements made;Whereas, under the terms of Article 118a of the Treaty, the said directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;Whereas, pursuant to Decision 74/325/EEC (4), as last amended by the 1985 Act of Accession, the Advisory Committee on Safety, Hygiene and Health protection at Work is consulted by the Commission on the drafting of proposals in this field;Whereas the Community Charter of the fundamental social rights of workers, adopted at the Strasbourg European Council on 9 December 1989 by the Heads of State or Government of 11 Member States, lays down, in paragraph 19 in particular, that:'Every worker must enjoy satisfactory health and safety conditions in his working environment. Appropriate measures must be taken in order to achieve further harmonization of conditions in this area while maintaining the improvements made`;Whereas the Commission, in its action programme for the implementation of the Community Charter of the fundamental social rights of workers, has included among its aims the adoption by the Council of a Directive on the protection of pregnant women at work;Whereas Article 15 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5) provides that particularly sensitive risk groups must be protected against the dangers which specifically affect them;Whereas pregnant workers, workers who have recently given birth or who are breastfeeding must be considered a specific risk group in many respects, and measures must be taken with regard to their safety and health;Whereas the protection of the safety and health of pregnant workers, workers who have recently given birth or workers who are breastfeeding should not treat women on the labour market unfavourably nor work to the detriment of directives concerning equal treatment for men and women;Whereas some types of activities may pose a specific risk, for pregnant workers, workers who have recently given birth or workers who are breastfeeding, of exposure to dangerous agents, processes or working conditions; whereas such risks must therefore be assessed and the result of such assessment communicated to female workers and/or their representatives;Whereas, further, should the result of this assessment reveal the existence of a risk to the safety or health of the female worker, provision must be made for such worker to be protected;Whereas pregnant workers and workers who are breastfeeding must not engage in activities which have been assessed as revealing a risk of exposure, jeopardizing safety and health, to certain particularly dangerous agents or working conditions;Whereas provision should be made for pregnant workers, workers who have recently given birth or workers who are breastfeeding not to be required to work at night where such provision is necessary from the point of view of their safety and health;Whereas the vulnerability of pregnant workers, workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 14 continuous weeks, allocated before and/or after confinement, and renders necessary the compulsory nature of maternity leave of at least two weeks, allocated before and/or after confinement;Whereas the risk of dismissal for reasons associated with their condition may have harmful effects on the physical and mental state of pregnant workers, workers who have recently given birth or who are breastfeeding; whereas provision should be made for such dismissal ot be prohibited;Whereas measures for the organization of work concerning the protection of the health of pregnant workers, workers who have recently given birth or workers who are breastfeeding would serve no purpose unless accompanied by the maintenance of rights linked to the employment contract, including maintenance of payment and/or entitlement to an adequate allowance;Whereas, moreover, provision concerning maternity leave would also serve no purpose unless accompanied by the maintenance of rights linked to the employment contract and or entitlement to an adequate allowance;Whereas the concept of an adequate allowance in the case of maternity leave must be regarded as a technical point of reference with a view to fixing the minimum level of protection and should in no circumstances be interpreted as suggesting an analogy between pregnancy and illness,HAS ADOPTED THIS DIRECTIVESECTION I PURPOSE AND DEFINITIONSArticle 1Purpose1. The purpose of this Directive, which is the tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, is to implement measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or who are breastfeeding.2. The provisions of Directive 89/391/EEC, except for Article 2 (2) thereof, shall apply in full to the whole area covered by paragraph 1, without prejudice to any more stringent and/or specific provisions contained in this Directive.3. This 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 this Directive is adopted.Article 2DefinitionsFor the purposes of this Directive:(a) pregnant worker shall mean a pregnant worker who informs her employer of her condition, in accordance with national legislation and/or national practice;(b) worker who has recently given birth shall mean a worker who has recently given birth within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice;(c) worker who is breastfeeding shall mean a worker who is breastfeeding within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice.SECTION II GENERAL PROVISIONSArticle 3Guidelines1. 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 hazardous for the safety or health of workers within the meaning of Article 2.The guidelines referred to in the first subparagraph shall also cover movements and postures, mental and physical fatigue and other types of physical and mental stress connected with the work done by workers within the meaning of Article 2.2. The purpose of the guidelines referred to in paragraph 1 is to serve as a basis for the assessment referred to in Article 4 (1).To this end, Member States shall bring these guidelines to the attention of all employers and all female workers and/or their representatives in the respective Member State.Article 4Assessment and information1. For all activities liable to involve a specific risk of exposure to the agents, processes or working conditions of which a non-exhaustive list is given in Annex I, the employer shall assess the nature, degree and duration of exposure, in the undertaking and/or establishment concerned, of workers within the meaning of Article 2, either directly or by way of the protective and preventive services referred to in Article 7 of Directive 89/391/EEC, in order to:- assess any risks to the safety or health and any possible effect on the pregnancys or breastfeeding of workers within the meaning of Article 2,- decide what measures should be taken.2. Without prejudice to Article 10 of Directive 89/391/EEC, workers within the meaning of Article 2 and workers likely to be in one of the situations referred to in Article 2 in the undertaking and/or establishment concerned and/or their representatives shall be informed of the results of the assessment referred to in paragraph 1 and of all measures to be taken concerning health and safety at work.Article 5Action further to the results of the assessment1. Without prejudice to Article 6 of Directive 89/391/EEC, if the results of the assessment referred to in Article 4 (1) reveal a risk to the safety or health or an effect on the pregnancy or breastfeeding of a worker within the meaning of Article 2, the employer shall take the necessary measures to ensure that, by temporarily adjusting the working conditions and/or the working hours of the worker concerned, the exposure of that worker to such risks is avoided.2. If the adjustment of her working conditions and/or working hours 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.3. If moving her to another job is not technically and/or objectively feasible or cannot reasonably be required on duly substantiated grounds, the worker concerned shall be granted leave in accordance with national legislation and/or national practice for the whole of the period necessary to protect her safety or health.4. The provisions of this Article shall apply mutatis mutandis to the case where a worker pursuing an activity which is forbidden pursuant to Article 6 becomes pregnant or starts breastfeeding and informs her employer thereof.Article 6Cases in which exposure is prohibitedIn addition to the general provisions concerning the protection of workers, in particular those relating to the limit values for occupational exposure:1. pregnant workers within the meaning of Article 2 (a) may under no circumstances be obliged to perform duties for which the assessment has revealed a risk of exposure, which would jeopardize safety or health, to the agents and working conditions listed in Annex II, Section A;2. workers who are breastfeeding, within the meaning of Article 2 (c), may under no circumstances be obliged to perform duties for which the assessment has revealed a risk of exposure, which would jeopardize safety or health, to the agents and working conditions listed in Annex II, Section B.Article 7Night work1. Member States shall take the necessary measures to ensure that workers referred to in Article 2 are not obliged to perform night work during their pregnancy and for a period following childbirth which shall be determined by the national authority competent for safety and health, subject to submission, in accordance with the procedures laid down by the Member States, of a medical certificate stating that this is necessary for the safety or health of the worker concerned.2. The measures referred to in paragraph 1 must entail the possibility, in accordance with national legislation and/or national practice, of:(a) transfer to daytime work; or(b) leave from work or extension of maternity leave where such a transfer is not technically and/or objectively feasible or cannot reasonably by required on duly substantiated grounds.Article 8Maternity leave1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of a least 14 weeks allocated before and/or after confinement in accordance with national legislation and/or practice.2. The maternity leave stipulated in paragraph 1 must include compulsory maternity leave of at least two weeks allocated before and/or after confinement in accordance with national legislation and/or practice.Article 9Time off for ante-natal examinationsMember States shall take the necessary measures to ensure that pregnant workers within the meaning of Article 2 (a) are entitled to, in accordance with national legislation and/or practice, time off, without loss of pay, in order to attend ante-natal examinations, if such examinations have to take place during working hours.Article 10Prohibition of dismissalIn order to guarantee workers, within the meaning of Article 2, the exercise of their health and safety protection rights as recognized under this Article, it shall be provided that:1. Member States shall take the necessary measures to prohibit the dismissal of workers, within the meaning of Article 2, during the period from the beginning of their pregnancy to the end of the maternity leave referred to in Article 8 (1), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent;2. if a worker, within the meaning of Article 2, is dismissed during the period referred to in point 1, the employer must cite duly substantiated grounds for her dismissal in writing;3. Member States shall take the necessary measures to protect workers, within the meaning of Article 2, from consequences of dismissal which is unlawful by virtue of point 1.Article 11Employment rightsIn order to guarantee workers within the meaning of Article 2 the exercise of their health and safety protection rights as recognized in this Article, it shall be provided that:1. in the cases referred to in Articles 5, 6 and 7, the employment rights relating to the employment contract, including the maintenance of a payment to, and/or entitlement to an adequate allowance for, workers within the meaning of Article 2, must be ensured in accordance with national legislation and/or national practice;2. in the case referred to in Article 8, the following must be ensured:(a) the rights connected with the employment contract of workers within the meaning of Article 2, other than those referred to in point (b) below;(b) maintenance of a payment to, and/or entitlement to an adequate allowance for, workers within the meaning of Article 2;3. the allowance referred to in point 2 (b) shall be deemed adequate if it guarantees income at least equivalent to that which the worker 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;4. Member States may make entitlement to pay or the allowance referred to in points 1 and 2 (b) conditional upon the worker concerned fulfilling the conditions of eligibilty for such benefits laid down under national legislation.These conditions may under no circumstances provide for periods of previous employment in excess of 12 months immediately prior to the presumed date of confinement.Article 12Defence of rightsMember States shall introduce into their national legal systems such measures as are necessary to enable all workers who should themselves wronged by failure to comply with the obligations arising from this Directive to pursue their claims by judicial process (and/or, in accordance with national laws and/or practices) by recourse to other competent authorities.Article 13Amendments to the Annexes1. Strictly technical adjustments to Annex I as a result of technical progress, changes in international regulations or specifications and new findings in the area covered by this Directive shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.2. Annex II may be amended only in accordance with the procedure laid down in Article 118a of the Treaty.Article 14Final provisions1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than two years after the adoption thereof or ensure, at the latest two years after adoption of this Directive, that the two sides of industry introduce the requisite privisions by means of collective agreements, with Member States being required to make all the necessary provisions to enable them at all times to guarantee the results laid down by this Directive. They shall forthwith inform the Commission thereof.2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference of this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.3. Member States shall communicate to the Commission the texts of the essential provisions of national law which they have already adopted or adopt in the field governed by this Directive.4. Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the points of view of the two sides of industry.However, Member States shall report for the first time to the Commission on the practical implementation of the provisions of this Directive, indicating the points of view of the two sides of industry, four years after its adoption.The Commission shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work.5. The Commission shall periodically submit to the European Parliament, the Council and the Economic and Social Committee a report on the implementation of this Directive, taking into account paragraphs 1, 2 and 3.6. The Council will re-examine this Directive, on the basis of an assessment carried out on the basis of the reports referred to in the second subparagraph of paragraph 4 and, should the need arise, of a proposal, to be submitted by the Commission at the latest five years after adoption of the Directive.Article 15This Directive is addressed to the Member States.Done at Luxembourg, 19 October 1992.For the CouncilThe PresidentD. CURRY(1) OJ N° C 281, 9. 11. 190, p. 3; and OJ N° C 25, 1. 2. 1991, p. 9.(2) OJ N° C 19, 28. 1. 1991, p. 177; and OJ N° C 150, 15. 6. 1992, p. 99.(3) OJ N° C 41, 18. 2. 1991, p. 29.(4) OJ N° L 185, 9. 7 .1974, p. 15.(5) OJ N° L 183, 29. 6. 1989, p. 1.ANNEX I NON-EXHAUSTIVE LIST OF AGENTS, PROCESSES AND WORKING CONDITIONS referred to in Article 4 (1)A. Agents1. Physical agents where these are regarded as agents causing foetal lesions and/or likely to disrupt placental attachment, and in particular:(a) shocks, vibration or movement;(b) handling of loads entailing risks, particularly of a dorsolumbar nature;(c) noise;(d) ionizing radiation (*);(e) non-ionizing radiation;(f) extremes of cold or heat;(g) movements and postures, travelling - either inside or outside the establishment - mental and physical fatigue and other physical burdens connected with the activity of the worker within the meaning of Article 2 of the Directive.2. Biological agentsBiological agents of risk groups 2, 3 and 3 within the meaning of Article 2 (d) numbers 2, 3 and 4 of Directive 90/679/EEC (¹), in so far as it is known that these agents or the therapeutic measures necessitated by such agents endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II.3. Chemical agentsThe following chemical agents in so far as it is known that they endanger the health of pregnant women and the unborn child and in so far as they do not yet appear in Annex II:(a) substances labelled R 40, R 45, R 46, and R 47 under Directive 67/548/EEC (²) in so far as they do not yet appear in Annex II;(b) chemical agents in Annex I to Directive 90/394/EEC (³);(c) mercury and mercury derivatives;(d) antimitotic drugs;(e) carbon monoxide;(f) chemical agents of known and dangerous percutaneous absorption.B. ProcessesIndustrial processes listed in Annex I to Directive 90/394/EEC.C. Working conditionsUnderground mining work.(*) See Directive 80/836/Euratom (OJ N° L 246, 17. 9. 1980, p. 1).(¹) OJ N° L 374, 31. 12. 1990, p. 1.(²) OJ N° L 196, 16. 8. 1967, p. 1. Directive as last amended by Directive 90/517/EEC (OJ N° L 287, 19. 10. 1990, p. 37).(³) OJ N° L 196, 26. 7. 1990, p. 1.ANNEX II NON-EXHAUSTIVE LIST OF AGENTS AND WORKING CONDITIONS referred to in Article 6A. Pregnant workers within the meaning of Article 2 (a)1. Agents(a) Physical agentsWork in hyperbaric atmosphere, e.g. pressurized enclosures and underwater diving.(b) Biological agentsThe following biological agents:- toxoplasma,- rubella virus,unless the pregnant workers are proved to be adequately protected against such agents by immunization.(c) Chemical agentsLead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.2. Working conditionsUnderground mining work.B. Workers who are breastfeeding within the meaning of Article 2 (c)1. Agents(a) Chemical agentsLead and lead derivatives in so far as these agents are capable of being absorbed by the human organism.2. Working conditionsUnderground mining work.Statement of the Council and the Commission concerning Article 11 (3) of Directive 92/ 85/EEC, entered in the minutes of the 1608th meeting of the Council (Luxembourg, 19 October 1992) THE COUNCIL AND THE COMMISSION stated that:'In determining the level of the allowances referred to in Article 11 (2) (b) and (3), reference shall be made, for purely technical reasons, to the allowance which a worker would receive in the event of a break in her activities on grounds connected with her state of health. Such a reference is not intended in any way to imply that pregnancy and childbirth be equated with sickness. The national social security legislation of all Member States provides for an allowance to be paid during an absence from work due to sickness. The link with such allowance in the chosen formulation is simply intended to serve as a concrete, fixed reference amount in all Member States for the determination of the minimum amount of maternity allowance payable. In so far as allowances are paid in individual Member States which exceed those provided for in the Directive, such allowances are, of course, retained. This is clear from Article 1 (3) of the Directive.`.

Summary: Protecting pregnant workers and new mothers Protecting pregnant workers and new mothers SUMMARY OF: Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health of workers who are pregnant, have recently given birth or are breastfeeding WHAT IS THE AIM OF THE DIRECTIVE? It aims to protect the health and safety of women in the workplace when pregnant* or after they have recently given birth*, and women who are breastfeeding*. KEY POINTS EU Member States must inform employers and female workers of the European Commission's guidelines regarding risks to health and safety at work posed by hazardous substances and industrial processes. Where risks are identified, employers mustact to protect female workers concerned, for instance, by moving them to another position or granting leave. Where leave is granted, the employer must guarantee employment rights and payment of an adequate allowance to compensate for any loss of income. Pregnant workers are not obliged to work night shifts, subject to submitting a medical certificate. Pregnant workers may undergo antenatal medical examinations during working hours without loss of pay. The directive provides for 14 weeks’ maternity leave of which 2 weeks must occur before the birth. Women must not be dismissed from work because of their pregnancy and maternity. Amending Regulation (EU) 2019/1243 gives the Commission the power to adopt delegated acts to make strictly technical amendments to Annex I, in order to take account of technical progress, changes in international regulations or specifications and new findings. Annex I contains a non-exhaustive list of physical, biological and chemical agents and working conditions referred to in Article 4 of the directive (assessment and information). Annex II contains a non-exhaustive list of agents and working conditions referred to in Article 6 of the directive (cases in which exposure is prohibited). FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 24 November 1992 and had to become law in the Member States by 24 November 1994. BACKGROUND Article 153 of the Treaty on the Functioning of the European Union gives the EU the authority to adopt legislation in the field of safety and health at work, in order to support and complement the activities of Member States. Directive 92/85/EEC is one of several ‘daughter directives’ adopted under the Framework Directive 89/391/EEC on the safety and health of workers at work (see summary). Principle 10 of the European Pillar of Social Rights states that workers have the right to a high level of protection of their health and safety at work. For more information, see: Health and safety at work (European Commission)Directive 92/85/EEC — pregnant workers (European Agency for Safety and Health at Work). KEY TERMS Pregnant worker: a pregnant woman who informs her employer of her condition, in accordance with national legislation and/or national practice. Worker who has recently given birth: a woman who has recently given birth as defined in national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice. Worker who is breastfeeding: a woman who is breastfeeding as defined in national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice. MAIN DOCUMENT Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, pp. 1-7) Successive amendments to Directive 92/85/EEC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title X — Social policy — Article 153 (ex Article 137 TEC) (OJ C 202, 7.6.2016, pp. 114-116) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, pp. 1-8) See consolidated version. last update 02.08.2021