Unification of doctrine regarding the determination of the recognition of the right to risk benefit during breastfeeding: commentary STS no. 54/2019, of January 24, Social Chamber, Section 1ª
Keywords:
risk during breastfeeding, right to benefit, prevention of occupational hazards, suspension of the employment contract, direct discrimination based on sex, individualized risk assessmentAbstract
Regarding the Supreme Court ruling no. 54/2019, of January 24, of the Social Chamber, the following pages seek to undertake a legal-critical analysis of the central issue raised in the present appeal on the determination of whether or not to recognize the right to a risk benefit during a worker's breastfeeding period, which in this case provides services as an ATS-DUE in the SAMU emergency service, on a 24-hour day of permanent availability or in person for 12 hours, every 6 days, carrying out tasks inherent to their position in healthcare activity in urgent and emergency situations, both at home and in public. Finally, and in line with the doctrine of the ECJ (TJUE), the inclusion of a specific examination that takes into account the individual situation of the worker to determine whether or not there is a risk to the health or safety of her or her child will be decisive in the assessment of the risks presented by the job of the person concerned.Downloads
215
registered galley accesses
Last 12 months: 86
PDF: 215
· HTML: 0
· Other formats: 0
Article page views
1225
registered views
Last 12 months: 1091
History retained by PKP. Accesses are not unique people and do not guarantee a completed download. Data through: 2026-11-05.
Downloads
Download data is not yet available.
Downloads
Published
2019-12-27
Issue
Section
Estudios de Doctrina Judicial
How to Cite
Unification of doctrine regarding the determination of the recognition of the right to risk benefit during breastfeeding: commentary STS no. 54/2019, of January 24, Social Chamber, Section 1ª. (2019). Revista de Derecho de la Seguridad Social, Laborum, 21, 135-151. https://revista.laborum.es/index.php/revsegsoc/article/view/382











