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)
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 add
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