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European Observer on fundamental right's respect

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Case Law C-194/08 (30/06/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/30/2010

Subject: Interpreting Article 11 of Directive 92/85/EEC 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, the Court concluded that it has direct effect and it does not preclude national legislation which provides that a pregnant worker temporarily granted leave from work on account of her pregnancy or a worker on maternity leave is entitled to pay equivalent to the average earnings she received during a reference period prior to the beginning of her pregnancy or of her maternity leave with the exception of the on-call duty allowance.

Parties: Gassmayr

Classification: Equality - Art. 21 Non discrimination - Art. 23 Equality between men and women - Solidarity - Art. 33 Parental leave - Art. 34 Social security - Social services for maternity

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