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Case Law C-471/08 (01/07/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/01/2010

Subject: The Court, 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, affirmed that a pregnant worker who has been temporarily transferred on account of her pregnancy to a job in which she performs tasks other than those she performed prior to that transfer, is not entitled to the pay she received on average prior to that transfer. In addition to the maintenance of her basic salary, such a worker is entitled to pay components or supplementary allowances relating to her professional status, such as allowances relating to her seniority, her length of service and her professional qualifications. Although Article 11 does not preclude the use of a method of calculating remuneration to be paid to such a worker based on the average amount of the allowances linked to working conditions of all the air crew in the same pay grade during a given reference period, the failure to take account of those pay components or supplementary allowances must be regarded as contrary to the latter provision.

Parties: Parviainen

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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