Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/22/2010

Subject: The Court says that the European Union law must be interpreted as precluding a national provision under which, in the event of a change in the working hours of a worker, the amount of leave not yet taken is adjusted in such a way that a worker who reduces his working hours from full-time to part-time suffers a reduction in the right to paid annual leave he has accumulated but not been able to exercise while working full-time, or he can only take that leave with a reduced level of holiday pay. And also says that the European Union law 3 must be interpreted as precluding a national provision under which workers exercising their right to parental leave of two years lose, following that leave, their right to paid annual leave accumulated during the year preceding the birth of their child.

Parties: Zentralbetriebsrat der Landeskrankenhäuser Tirols c/ Land Tirol

Classification: Solidarity - Art. 31 Rest period - Paid leave

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