ECJ 8 October 2026, Case C-706/23 (Şcoala gimnazială „Mihai Eminescu” Vaslui - v - Uniunea Sindicală „Didactica” Vaslui)

Summary

Where an employee combines a full-time indefinite-term contract with a part-time fixed-term contract, the pay for work under the part-time contract must be included when calculating remuneration for paid annual leave. A meal allowance that forms part of remuneration must also be calculated taking account, on a pro rata basis, of the work performed under the part-time contract. The allowance must be included in the calculation of paid annual leave remuneration.

Questions

1. Do Article 7(1) of Directive 2003/88/EC, read in the light of Article 31(2) of the Charter and Clause 4 of the framework agreements on part-time work and fixed-term work, preclude a national rule that excludes the hours worked and pay earned under a part-time fixed-term contract when calculating an employee’s remuneration for paid annual leave, where the employee also has a full-time indefinite-term contract?
2. Do those provisions preclude a national rule or practice under which the employee’s meal allowance is calculated only by reference to work under the full-time indefinite-term contract and is excluded from the calculation of remuneration for paid annual leave?

Ruling 

1. Article 7(1) of Directive 2003/88, read in the light of Article 31(2) of the Charter and Clause 4 of both framework agreements, must be interpreted as precluding a national rule that, where an employee combines a full-time indefinite-term contract with a part-time fixed-term contract paid by the hour, excludes both the time worked and the pay earned under the part-time contract when calculating remuneration for paid annual leave.
2. Article 7(1) of Directive 2003/88 and Clause 4(1) of both framework agreements must be interpreted as precluding a national rule or practice under which, in those circumstances, the meal allowance is calculated only by reference to work under the full-time indefinite-term contract and is not included in the calculation of remuneration for paid annual leave.