Keywords
Summary

Keywords

1. Social policy – Protection of the health and safety of workers – Directive 93/104 concerning certain aspects of the organisation of working time – Entitlement to paid annual leave

(Council Directive 93/104, Art. 7(1))

2. Social policy – Protection of the health and safety of workers – Directive 93/104 concerning certain aspects of the organisation of working time – Entitlement to paid annual leave

(Council Directive 93/104, Art. 7)

3. Social policy – Protection of the health and safety of workers – Directive 93/104 concerning certain aspects of the organisation of working time – Entitlement to paid annual leave

(Council Directive 93/104, Art. 7)

Summary

1. Article 7(1) of Directive 93/104 concerning certain aspects of the organisation of working time precludes part of the remuneration payable to a worker for work done from being attributed to payment for annual leave without the worker receiving, in that respect, a payment additional to that for work done. There can be no derogation from that entitlement by contractual arrangement.

(see para. 52, operative part 1)

2. Article 7 of Directive 93/104 concerning certain aspects of the organisation of working time precludes the payment for minimum annual leave within the meaning of that provision from being made in the form of part payments staggered over the corresponding annual period of work and paid together with the remuneration for work done, rather than in the form of a payment in respect of a specific period during which the worker actually takes leave.

(see para. 63, operative part 2)

3. Article 7 of Directive 93/104 concerning certain aspects of the organisation of working time does not preclude, as a rule, sums paid, transparently and comprehensibly, in respect of minimum annual leave, within the meaning of that provision, in the form of part payments staggered over the corresponding annual period of work and paid together with the remuneration for work done, from being set off against the payment for specific leave which is actually taken by the worker.

The Member States are, however, required to take the measures appropriate to ensure that practices incompatible with Article 7 of the directive are not continued.

(see paras 67, 69, operative part 3)