Brussels, 22/11/2012 (Agence Europe) - On Wednesday 21 November, the European Commission announced it had crossed a new stage in four infringement proceedings relating to employment. Belgium, Italy, the Netherlands and Slovakia will be receiving four reasoned opinions on questions ranging from working hours, employees' health and allocations for people with disabilities.
Belgium. Time worked by teachers and their assistants in Belgian boarding schools is not accounted for correctly. An overnight duty of eight hours is counted as three hours' actual working time. Furthermore, the weekly duration of work, which is limited to 48 hours, is not totally respected, since the directive (2003/88/EC) which frames it also provides for a minimum daily rest of 11 consecutive hours for every 24-hour period.
Italy. Under Directive 89/391/EC, each employer is under an obligation to assess risks run by his/her employees and to set measures in place to reduce them. However, in Italy, “the current legislation exonerates the employer from his responsibility for health and safety in case of delegation and sub-delegation of functions and referring the obligation to provide a risk assessment document in case of new business or substantial changes”.
The Netherlands. The Dutch administration must pay benefits to persons suffering from disabilities or chronic illness and who are insured in the Netherlands, even if they do not reside there but live in another member state. According to the Commission, the place of residency cannot be a criterion of discrimination for persons receiving such benefits, under Article 48 of the Treaty on the functioning of the EU.
Slovakia. There is a similar situation to that in the Netherlands, but with the difference that the reasoned opinion concerns the end of year premium (vianocny prispevok in Slovakian), which is a complement to retirement pay. The premium should be paid to those entitled to it, even if those persons live in another member state. (JK/transl.jl)