Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/11/2015

Subject: The Court affirmed that in the event of an increase in the number of hours of work performed by a worker, the Member States are not obliged to provide that the entitlement to paid annual leave already accrued, and possibly taken, must be recalculated retroactively according to that worker’s new work pattern. A new calculation must, however, be performed for the period during which working time increased. According to the Court, the calculation of the entitlement to paid annual leave is to be performed according to the same principles, whether what is being determined is the allowance in lieu of paid annual leave not taken where the employment relationship is terminated, or the outstanding annual leave entitlement where the employment relationship continues

Parties: Greenfield

Classification: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Paid leave

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