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Image header Agence Europe
Europe Daily Bulletin No. 10772
Contents Publication in full By article 20 / 40
SECTORAL POLICIES / (ae) women

Netherlands infringes maternity leave

Brussels, 25/01/2013 (Agence Europe) - Dutch legislation does not provide any arrangement ensuring the rights of employees on maternity, adoption or parental leave. On Thursday 24 January, therefore, the European Commission announced that it would start infringement proceedings at the Court of Justice of the European Union. Directive 2006/54/EC on gender equality and equal treatment of men and women ensures that an employee coming back from maternity, adoption or parental leave has the right to return to their job or to an equivalent post and to benefit from any improvement in working conditions. In 2011, the Netherlands adopted new legislation supposed to come into line with the European directive but the Commission has found no mention of this protection of employees in Dutch law and has pointed out inconsistencies. The result is that Dutch workers do not have the right to return to their job when coming back from maternity, adoption or parental leave. Following letters of formal notice from the Commission in 2007 and then a reasoned opinion, which have all remained unanswered by the Dutch authorities, the Commission has decided to refer the case to Court. It considers that Dutch law sows doubt as to the level of protection, and that it is difficult for Dutch citizens to know and exercise their rights. (MD/transl.fl)

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