2020/26 Entitlement to allowance in lieu of untaken paid annual leave had lapsed because of garden leave (NL)

Applying the ECJ’s Maschek judgment, the Zutphen subdistrict court has found that an employee was not entitled to an allowance in lieu of untaken paid annual leave at the end of the employment relationship, as she had already received special leave. Moreover, the obligation to inform the employee concerning the right to (exercise) paid annual leave did not rest upon the employer.

2020/26 Entitlement to allowance in lieu of untaken paid annual leave had lapsed because of garden leave (NL)

Applying the ECJ’s Maschek judgment, the Zutphen subdistrict court has found that an employee was not entitled to an allowance in lieu of untaken paid annual leave at the end of the employment relationship, as she had already received special leave. Moreover, the obligation to inform the employee concerning the right to (exercise) paid annual leave did not rest upon the employer.

2020/25 Τhe Supreme Court in Plenary Session breaks away from its own established case law and rules that an employee is entitled to paid annual leave and annual leave allowance, even in a case where they were on long-term sick leave (GR)

The Greek Supreme Court in Plenary Session, in a long-awaited decision, has ruled that an employee who has not been able to exercise his right to annual leave due to long-term sick leave is still entitled to his paid annual leave as well as to annual leave allowance.

2020/25 Τhe Supreme Court in Plenary Session breaks away from its own established case law and rules that an employee is entitled to paid annual leave and annual leave allowance, even in a case where they were on long-term sick leave (GR)

The Greek Supreme Court in Plenary Session, in a long-awaited decision, has ruled that an employee who has not been able to exercise his right to annual leave due to long-term sick leave is still entitled to his paid annual leave as well as to annual leave allowance.

ECJ 16 July 2020, Case C-658/18 (Governo della Repubblica italiana (Statut des juges de paix italiens)), Employment Status, Paid Leave, Fixed-Term Work

UX - v - Governo della Repubblica italiana, Italian case

ECJ 16 July 2020, Case C-658/18 (Governo della Repubblica italiana (Statut des juges de paix italiens)), Employment Status, Paid Leave, Fixed-Term Work

UX - v - Governo della Repubblica italiana, Italian case

ECJ 25 June 2020, Joined Cases C-762/18 and C-37/19 (Varhoven kasatsionen sad na Republika Bulgaria), Paid Leave

QH - v - Varhoven kasatsionen sad na Republika Bulgaria (C-762/18), Bulgarian case and CV - v - Iccrea Banca SpA (C‑37/19), Italian case

ECJ 25 June 2020, Joined Cases C-762/18 and C-37/19 (Varhoven kasatsionen sad na Republika Bulgaria), Paid Leave

QH - v - Varhoven kasatsionen sad na Republika Bulgaria (C-762/18), Bulgarian case and CV - v - Iccrea Banca SpA (C‑37/19), Italian case

ECJ 4 June 2020, Case C-588/18 (Fetico), Working Time, Paid Leave

Articles 5 and 7 of Directive 2003/88 do not apply to national rules providing for special leave on days when workers are required to work, when these days occur during weekly rest periods or paid annual leave.

ECJ 4 June 2020, Case C-588/18 (Fetico), Working Time, Paid Leave

Articles 5 and 7 of Directive 2003/88 do not apply to national rules providing for special leave on days when workers are required to work, when these days occur during weekly rest periods or paid annual leave.