38As stated in paragraph 30 above, since they are based on the employment relationship, the benefits which the employer pays, whether under legislative provisions or an employment contract, to a worker on maternity leave constitute pay within the meaning of Article 119 of the EC Treaty (subsequently Article 141 EC) and Article 1 of Directive 75/117 (judgments of 13 February 1996 in Gillespie and Others, C‑342/93, EU:C:1996:46, paragraph 14, and 27 October 1998 in Boyle and Others, C‑411/96, EU:C:1998:506, paragraph 38).
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