Second Room Court of Justice of the European Union declared that its expenses should be covered by the company. glasses or contact lens of these employees in front of the computer screen and they need them, according to the economistjurist.es portal.
Sentence, 22 December 2022, responding to a question posed by a Romanian court. The affected user Cluj Department Inspector General for Migration (Romania) He fulfilled his duties with the teams including. screens.
According to the employee, working in front of a computer screen caused a significant deterioration in his eyesight. Actually, In line with the advice of your specialist doctor, man decided to change glasses To correct the decrease in your visual acuity.
As the Romanian national health system does not provide reimbursement 530 euros demanding the cost of the above-mentioned prescription glasses by the worker to the company paying back the amount in question. However, inspection denied such a request
The Cluj District Court, which is currently in court, dismissed the worker’s claim and warned: The conditions for receiving the requested reimbursement are not met, because internal regulations do not establish the right to reimburse the costs of special corrective devices, but only the right to acquire such devices. if it is necessary to use. The employee appealed before the Cluj High Court.
Subsequently, this court decided to suspend the procedure and ask the CJEU four questions for a preliminary ruling. In particular, among them the Court, Directive 90/270 on minimum occupational safety and health provisions with regard to equipment containing video screens, the employer’s obligation to provide affected workers with a special corrective device by handing the device directly to the worker, either by reimbursement of costs incurred by the latteror by paying the worker a general salary supplement.
First of all, the European Supreme Court emphasizes this article. 9.3 of Directive 90/270 obliges the employer to ensure that affected workers provide, where appropriate, a special corrective device; but does not specify the mode The company is obliged to fulfill the said commitment.
After that, following the line set by the chief lawyer, the CJEU opens up the possibility for companies to bear the costs of acquiring prescription eyeglasses. In the words of the Second Circuit, “employer reimbursement of the cost of acquiring a special corrective device Complies with the purpose of Directive 90/270as it guarantees, higher level of health and safety protection from the workers”
Finally, the resolution states the purpose of parts 3 and 4 of Art. 9 of the repeated Directive for the supply of workers, “without any financial burden“, special corrective devices can be obtained if necessary, “good directlythrough delivery said device by the employer to the affected worker or RelativelyThrough pay back cost of said device by that employer”. Of course, as a nuance, CJUE makes it impossible declares that this obligation is fulfilled by paying the general wage supplement to the worker.