Traduction de «Allocation de nuit » (Français → Anglais) :

We wish to point out and highlight the risks inherent in a strict prohibition on dismissal, especially under the present, extended regime of generalised atypical employment contracts and the indirect exclusion of pregnant women from jobs, a regime in which we need not just to maintain and consolidate but to increase maternity leave, define the maternity allowance more clearly and apply strict and more substantive controls on night work by pregnant and breastfeeding working women.

We wish to point out and highlight the risks inherent in a strict prohibition on dismissal, especially under the present, extended regime of generalised atypical employment contracts and the indirect exclusion of pregnant women from jobs, a regime in which we need not just to maintain and consolidate but to increase maternity leave, define the maternity allowance more clearly and apply strict and more substantive controls on night work by pregnant and breastfeeding working women.

Moreover, insurance benefits were raised during 1999 for day and over-night care.

The French cases concern the legal prohibition on night work for women which breaches the principle of equal treatment between women and men; the payment of social security contributions by frontier workers residing in France but working in another Member State (when they should only be subject to the social security provisions of the Member State in which they work) and finally, the breach of Article 51 of the Treaty (free movement of workers) when calculating unemployment benefits.

The social value of the Directive Whilst it is true that this Directive is an inadequate response to the proposals of the Commission and the requests of the European Parliament, particularly with regard to night work and the level of maternity benefits, the Commission nevertheless considers that the adoption of this text will improve the situation of women workers in certain Member States: - prohibition of dismissal irrespective of the length of time in the job and regardless of the size of the company represents a notable improvement for women in Member States where such restrictions still exist (in particular the United Kingdom), - inc ...[+++]lusion of ante-natal medical examinations in working time is a welcome step forward (e.g. in Greece, Ireland, Belgium and France; in the latter case, the four compulsory examinations either had to be taken during personal leave or entailed a loss of pay), - the provisions relating to assessment of risks, particularly the fact that mental fatigue is now included as a potential risk, will clearly help to improve the level of protection of the workers concerned throughout the Community, - maintenance of employment rights during maternity leave is undoubtedly a step forward in the United Kingdom, where the employment contract is suspended during such leave (e.g. in terms of seniority, annual leave and pension rights), - the reduction to one year of the qualifying period for maternity benefits is particularly advantageous to women workers in the UK, where it was necessary to have worked for the same employer for two years (or five years in the case of part-time work) to qualify for maternity benefits at the higher rate (i.e. 90% for six weeks and a weekly flat-rate allowance for the subsequent period).

This applies, among other things, to: - the duration of maternity leave (14 weeks or more) and the amount of remuneration or social security benefit paid during such leave (100% or at least 80%), in that some Member States grant - less than 14 weeks and/or - less than 100% (or 80%); - 4 - - conditions of eligibility for leave, in that some Member States require the women involved to have carried on an occupation for a certain period prior to the beginning of pregnancy; - the obligatory two-week rest period before the presumed date of delivery, an entitlement which to all intents and purposes does not exist as such in the Member States; ...[+++] - prenatal examinations without loss of remuneration, an entitlement not granted in some Member States; - the maintenance of work-related rights and the safeguards against dismissal, in that in some Member States these are subject to seniority of a stipulated length with the same employer or the requirement that the undertaking concerned be of a certain minimum size; - the adjustment of working conditions and working hours, and night- time working, in that the Commission proposal lays down certain provisions, sometimes allowing for alternatives, linked to the maintenance of work-related rights and remuneration, which go beyond the existing provisions in this area in several Member States; - protection against agents and processes, for women who have recently given birth as well as pregnant women, as the Commission's proposal goes beyond the "lists" which exist in some Member States.