CJEC confirms that the practical of financial compensation in case of replacement of the minimum period of paid annual leave is contrary to the community law

Publication

6 April 2006 à 14h26

Updated on 24 March 2013 à 15h04

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2 minutes

Publication: 6 April 2006 à 14h26, Updated on 24 March 2013 à 15h04

Reading time: 2 minutes

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The Court has confirmed, following the opinion of advocate general (see our article 06050) that the working time directive precludes the replacement of the minimum period of paid annual leave by a financial compensation. (Ref. 06336)
Publication

6 April 2006 à 14h26

Updated on 24 March 2013 à 15h04

Reading time

2 minutes

Publication: 6 April 2006 à 14h26, Updated on 24 March 2013 à 15h04

Reading time: 2 minutes

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In a brochure, the Netherlands Ministry of Social Affairs and Employment interpreted the Dutchs rules regarding leave as meaning that employers and employees can, during the contract, agree in writing that financial compensation be paid in the following year to an employee who has not made use of the minimum leave entitlement. The FNV, principal Dutch trade union, brought an action in order to set that this interpretation is incompatible with the working time Directive. The Court of appeal...

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