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
France: CMA-CGM seeks to adapt professional equality to seafaring roles
The news. On 23 March 2026, the shipowner CMA-CGM (17,600 employees in France) and the CFDT, CFE-CGC, and FO unions signed a gender equality agreement for the 2026-2030 period, as identified by...
Germany: crisis and transformation wage agreement in the chemical sector
Following a two-day marathon negotiation in Bad Breisig (Western Germany), the social partners of the German chemical and pharmaceutical industries—the IG BCE trade union and the BAVC employers'...
27 March 2026
Malta: a draft amendment to better protect against workplace harassment
The news. On 23 February 2026, the Maltese government introduced a draft amendment to the Employment and Industrial Relations Act, seeking to expand the scope of protection against workplace...
Italy: parental leave extended until the child’s 14th birthday
The 2026 Italian Finance Act has extended optional parental leave, which can now be taken until the child is 14 years old, up from 12 previously. This leave has a maximum duration of 10 or 11...
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
France: Yves Rocher convicted of breach of duty of vigilance for infringement of freedom of association
The specialised chamber of the Paris Judicial Court convicted Yves Rocher on 12 March for breaching its duty of vigilance. The group was sued by Turkish employees dismissed in 2018 by a subsidiary...
12 March 2026
2
Spain: business support package to tackle the economic impact of the Middle East conflict
The Spanish government approved a series of measures on 20 March to support companies facing rising energy prices. In return, these businesses are prohibited from making redundancies for economic...
23 March 2026
3
EU: Council adopts position on simplifying AI rules
The Council of the EU approved its position on 13 March regarding the “omnibus regulation” proposal, published last November by the Commission to simplify the AI Act. Confirming the...
20 March 2026
4
Germany: a corporate group supports local political engagement via its “Democracy Charter”
Large corporations in the Hesse region, surrounding Frankfurt, are defending local democracy by enabling employees to volunteer in local public life through an initiative dubbed the "Democracy...
11 March 2026
5
United States: Coca-Cola subsidiary sued by the administration over women-only event
The Equal Employment Opportunity Commission (EEOC) announced on 18 February that it is launching federal proceedings against Coca-Cola Beverages Northeast for “sex-based...
6 March 2026