29.3.2014

Official Journal of the European Union

C 93/2

(Joined Cases C-512/11 and C-513/11) (<span class="super">1</span>)

(Social policy - Directive 92/85/EEC - Protection of the safety and health of workers - Pregnant workers and workers who have recently given birth or are breastfeeding - Maternity leave - Maintenance of payment and/or entitlement to an adequate allowance - Directive 96/34/EC - Framework Agreement on parental leave - Individual right to parental leave on the grounds of the birth or adoption of a child - Working and remuneration conditions - National collective agreement - Female workers having taken maternity leave after interruption of a period of unpaid parental leave - Refusal to pay a salary during the maternity leave)

2014/C 93/02

Language of the case: Finnish

Referring court

Parties to the main proceedings

Applicants: Terveys- ja sosiaalialan neuvottelujärjestö TSN ry (C-512/11), Ylemmät Toimihenkilöt YTN ry (C-513/11)

Defendants: Terveyspalvelualan Liitto ry (C-512/11), Teknologiateollisuus ry, Nokia Siemens Networks Oy (C-513/11)

Supported by: Mehiläinen Oy (C-512/11)

Re:

Reference for a preliminary ruling — Työtuomioistuin — Interpretation of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23) and 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 (OJ 1992 L 348, p. 1) — Collective agreement under which workers are entitled to be paid their full salary during maternity leave on condition that they have been employed for at least three months continuously before the start of maternity leave — Salary not paid during maternity leave under that agreement to workers who take maternity leave immediately after unpaid child-care leave.

Operative part of the judgment

Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC must be interpreted as precluding a provision of national law, such as that provided for in the collective agreements at issue in the main proceedings, pursuant to which a pregnant worker who interrupts a period of unpaid parental leave within the meaning of that directive to take, with immediate effect, a maternity leave within the meaning of 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) does not benefit from the maintenance of the remuneration to which she would have been entitled had that period of maternity leave been preceded by a minimum period of resumption of work.

Language of the case: Finnish.