RESOLUTION B3-1117, 1130, 1133 AND 1138/92

Resolution on the protection of pregnant women at work

The European Parliament,

-having regard to the Treaty establishing the European Economic Community and the prospect of the Maastricht Treaty,

-having regard to Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at workOJ No. L 183, 29.6.1989, p. 1,

-having regard to the Community Charter of basic social rights for workers and the social action programme,

-having regard to its opinion delivered at first reading of 12 December 1990OJ No. C 19, 28.1.1991, p. 165 on Commission proposal COM(90)0406,

-having regard to the amended Commission proposal COM(90)0692OJ No. C 25, 1.2.1991, p. 9,

-having regard to the common position of the Council (C3-0044/92 - SYN 303) on a directive on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have already given birth,

-having regard to its decision on that common position of 13 May 1992OJ No. C 150, 15.6.1992, p. 99,

-having regard to the extension, at Parliament's request, of the validity of the legislative proposal,

-having regard to the informal conciliation between the Parliament and Council,

-whereas a proper policy for employment and promoting equal opportunities must not penalise women who are pregnant but must recognize the social role of motherhood,

-whereas it is unacceptable to link maternity leave with sickness leave,

-whereas women must not suffer any loss of purchasing power simply as a result of bearing children,

-having regard to the strong opposition of trade union organizations and national and European women's organizations to the common position,

1.Believes that it is of crucial importance that agreement is reached on the draft directive on pregnant women at work, so as to set in place a framework which can form the basis for extending and improving maternity rights for working women across the Community;

2.Regrets the Council's failure so far to take into account Parliament's amendments in the cooperation procedure;

3.Welcomes the Commission's firm stand in the face of the Council's intransigence;

4.Welcomes the position taken by Italy, in the deliberations of the Council, in upholding the position of the European Parliament;

5.Reiterates its above-mentioned decision in which it called for the improvement in the working conditions and safety of pregnant women to be reflected in a refusal to equate maternity allowances with sickness benefits but rather to regard them as an element of wages, dismissal and work harmful to the health of pregnant women and their babies, and reversal of the burden of proof; emphasises that Parliament's view on the level of remuneration is clearly set out in this decision;

6.Regrets that the Council is unable to adopt a position which represents real social progress for the protection of pregnant workers; points out that such an attitude hampers any social progress and runs counter to the aspirations of the citizens of Europe and even confirms their fears and their insecurity as regards European structures;

7.Calls on the Council to reply to Parliament's most serious objections in particular its refusal to equate pregnancy with sickness;

8.Believes that its proposal for a guaranteed income could be achieved within three years, from the date at which the directive enters into force, and recalls that a revision of the present directive is envisaged in five years (Article 13) following the evaluation report to be submitted on this subject;

9.Believes that the responsibility for drawing up precise arrangements to fund guaranteed income lies with the individual Member States and calls for the directive on pregnant women to lay down a specific obligation for the Member States to maintain established national rights in this area;

10.Calls on the Council to show a genuine political will to reach a position which takes account of the proposals made by Parliament;

11.Instructs its President to forward this resolution to the Commission, Council, the governments of the Member States and to both sides of industry, national and European women's organizations, the ESC and UNICEF.