ECJ 21 November 2018, C-245/17 (Viejobueno Ibáñez and de la Vara González), fixed-term work, paid leave

Pedro Viejobueno Ibáñez, Emilia de la Vara González – v – Consejería de Educación de Castilla-La Mancha, Spanish case

ECJ 6 November 2018, C-684/16 (Max-Planck-Geschellschaft), paid leave

A worker does not automatically lose the right to annual leave because s/he did not apply for it. The employer must have informed the employee about the opportunity to take the leave adequately and in a timely way, and must be able to prove it. Based on the EU Charter of Fundamental Rights, this applies between individuals as well. Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. – v – Tetsuji Shimizu, German case

ECJ 21 November 2018, C-245/17 (Viejobueno Ibáñez and de la Vara González), fixed-term work, paid leave

Pedro Viejobueno Ibáñez, Emilia de la Vara González – v – Consejería de Educación de Castilla-La Mancha, Spanish case

ECJ 4 October 2018, C-12/17 (Dicu), Maternity and parental leave, paid leave (RO)

A period of parental leave does not count within the reference period for the purpose of determining an employee’s right to annual leave under Directive 2003/88/EC. Tribunalul Botoşani, Ministerul Justiţiei – v – Maria Dicu, Romanian case

ECJ 4 October 2018, C-12/17 (Dicu), Maternity and parental leave, paid leave (RO)

A period of parental leave does not count within the reference period for the purpose of determining an employee’s right to annual leave under Directive 2003/88/EC. Tribunalul Botoşani, Ministerul Justiţiei – v – Maria Dicu, Romanian case

ECJ 29 November 2017, case C-214/16 (Conley King), Paid leave

The Working Time Directive precludes provisions that establish the right to be paid only after leave has been taken. Further, the right to paid leave (or a corresponding payment at the end of the employment relationship) cannot lapse if the employee has been deterred from taking the leave.

ECJ 29 November 2017, case C-214/16 (Conley King), Paid leave

The Working Time Directive precludes provisions that establish the right to be paid only after leave has been taken. Further, the right to paid leave (or a corresponding payment at the end of the employment relationship) cannot lapse if the employee has been deterred from taking the leave.

2017/38 What are the consequences for vacation entitlement where the number of working days changes during the year? (GE)

This decision of the German Federal Labour Court (‘Bundesarbeitsgericht’, or ‘BAG’) concerns what happens to leave entitlement if the employment contract is amended in the middle of the year and the number of working days changes from a four-day week to a five-day week.

2017/38 What are the consequences for vacation entitlement where the number of working days changes during the year? (GE)

This decision of the German Federal Labour Court (‘Bundesarbeitsgericht’, or ‘BAG’) concerns what happens to leave entitlement if the employment contract is amended in the middle of the year and the number of working days changes from a four-day week to a five-day week.

ECJ 20 July 2016, case C-341/15 (Maschek), Paid leave

The fact that a worker retires voluntarily does not deprive him of the right to payment in lieu of paid annual leave he was unable to use up on account of sickness.