EU: national legislation cannot hinder a self-employed worker reclassified as a worker from securing ex-poste compensation for all untaken holiday periods

On 29 November, the CJEU ruled that a worker must be able to carry over and accumulate unexercised rights to paid annual leave when an employer does not put that worker in a position in which he is able to exercise his right to paid annual leave. This principle was particularly striking in so far as it was affirmed within the context of the self-employed worker who was considered as a salaried worker at the end of his professional career. National legislation (in this case UK legislation) that intends for annual paid holiday rights to expire if they are not taken up, when ‘false’ self-employed workers are not in a position to actually taken them up, runs counter to EU law.
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

Facts of the case. The complainant in this case worked for a company on the basis of a ‘self-employed commission-only contract’ from 1999 until he retired in 2012. Under that contract, the worker was paid on a commission-only basis. When he took annual leave, it was unpaid. Upon termination of his employment relationship, the worker sought to recover payment for his annual leave — taken and not paid, as well as not taken — for the entire period of his engagement. The company rejected the claim

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Oliver Dietrich (IG Metall): “The advent of AI can be a means of deepening social partnership within companies”
In Germany, trade unions want to influence how AI is deployed in companies. Oliver Dietrich is an AI project manager at the regional office of the IG Metall trade union in North Rhine-Westphalia...
France: transposition of the pay transparency directive takes shape
The transposition of the European directive on pay transparency into French law is entering a decisive phase. The Minister of Labour, Jean-Pierre Farandou, wants to present the bill to Parliament...
21 January 2026
France: 2026 budget expected to maintain employer contribution relief
On 19 January 2026, French Prime Minister Sébastien Lecornu decided to invoke Article 49.3 of the Constitution to pass France's 2026 budget without a vote in the National Assembly. Three days...
EU: European Parliament calls for a directive on just transition
On 20 January, MEPs approved, with 420 votes in favour, an own-initiative report calling for a just transition directive. The text calls for the protection of workers to be guaranteed in the...
20 January 2026
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Argentina: government unveils labour reform
Argentina's ultra-liberal president Javier Milei wants to "modernise labour" with a new reform that has been greeted with opposition from trade unions. Submitted to the Senate on 11 December, the...
6 January 2026
2
TRENDS IN 2026 — Reducing workplace absence at all costs: a major challenge for Europe
Workplace absence is on the rise across Europe, particularly among women, older employees and, since the Covid-19 pandemic, young people under the age of 30. Faced with this growing problem, some...
14 January 2026
3
Poland: reform introduces possibility of working for another employer while on sick leave
On 7 January, the President of Poland promulgated an amendment to the country’s social insurance act. The reform aims to clarify the activities permitted during sick leave, so that...
4
Spain: government wants 3.1% minimum wage hike
Spain's ministry of labour has informed the social partners of its intention to raise the minimum wage to €1,221 gross per month. This increase is expected to be approved by the Council of...
8 January 2026
5
Vincent Lecerf (Orange): “Equality and diversity are competitive advantages for us”
Following the signing of a new agreement on professional equality and diversity in December, the chief HR officer of French multinational telecommunications corporation Orange Group, Vincent...
13 January 2026
6
France: Crédit Agricole signs first independent agreement on disability
On 8 December, French banking group Crédit Agricole and three of the four representative trade unions (CFE-CGC, CFDT and FO) in France signed a disability agreement for the period...