Sometimes one just has to sit open-mouthed in wonder at the judgements pouring forth from the Luxembourg European Court of Justice. I bring you the case of Maribel Dominguez. Meribel had been off work for 14 months due to an accident, and felt that though she had not been to work for that period she was due holiday pay for the time that she didn't take holiday, because she wasn't at work.
I leave it to the Solicitors Journal to explain the niceities,
The fact that the directive did not make any distinction between employees off work on sick leave and those who have in fact worked in the course of the reference period meant that, for the former, the right to paid annual leave could not be made subject to a condition that the employee has actually worked during the so-called reference period – usually a year.
Yes you got that right,
the right to paid annual leave could not be made subject to a condition that the employee has actually worked during the so-called reference periodI despair, truely I do.
0 comments:
Post a Comment