Working time: ECJ judgment re right to allowance in lieu of annual leave - Kreuziger v Land Berlin and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Tetsuji Shimizu (C-619/16 and C-684/16) [ECJ] 06.11.18 (Unreported)

Wed, 07 Nov 2018

Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship. HELD that EU law precludes a worker from automatically losing the days of paid annual leave to which he was entitled under EU law. EU law does not preclude the loss of that right or a right to an allowance in lieu of paid annual leave where the employee deliberately and knowingly refrained from taking his paid annual leave after having been given the opportunity.

Category: Employment »  Holidays; Working time; EC Law. Area(s) of law: Employment.
Source: Unspecified


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