Directive 92/85 on the protection of pregnant women and young mothers imposes that employers reclassify to another position pregnant workers exposed to some risks that could be dangerous in their condition, with maintained remuneration. The CJEU had to determine, within the framework of this obligation to maintain remuneration, the fate of bonuses added to basic pay. In the decree rendered on July 1st, it specified that, when “pay before the transfer is made up of a basic salary and a series of supplementary allowances, the payment of which depends with respect to some of those allowances on the performance of specific functions,” the pregnant worker cannot, on the basis of Directive 92/85, “claim that she should continue to receive all the remuneration she received before the temporary transfer.”
remuneration, the fate of bonuses added to basic pay. In the decree rendered on July 1st, it specified that, when “pay before the transfer is made up of a basic salary and a series of supplementary allowances, the payment of which depends with respect to some of those allowances on the performance of specific functions,” the pregnant worker cannot, on the basis of Directive 92/85, “claim that she should continue to receive all the remuneration she received before the temporary transfer.”
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