ECJ Opinion – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Concept of ‘working time’ – Peripatetic workers – No fixed or habitual place of work – . .
Europa Directive 2003/88/EC Organisation of working time Article 7 – Right to a minimum period of paid annual leave Entitlement to an allowance in lieu Fundamental social rights in Community law Grant of annual . .
Judgment – Failure of a Member State to fulfil obligations – Directive 2003/88/EC – Organisation of working time – Organisation of working time of doctors in training . .
ECJ Article 31, paragraph 2, of the Charter – Fundamental social rights – General principles of law – horizontal effect of directives – Article 7 of Directive 2003/88/EC – Working conditions – Working time . .
ECJ Article 99 of the Rules of Procedure – Directive 2003/88/EC – Organisation of working time – Entitlement to paid annual leave – Annual leave scheduled by the undertaking coinciding with sick leave – Entitlement to take annual leave at another time – Allowance in lieu of annual leave not taken Judges: M Berger, P … Continue reading Concepcion Maestre Garcia v Centros Comerciales Carrefour Sa: ECJ 21 Feb 2013
ECJ Social policy – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Precondition for entitlement imposed by national rules – Absence of the worker – Length of the leave entitlement based on the nature of the absence – National rules incompatible with Directive 2003/88 – Role of the national court Judges: … Continue reading Dominguez v Prefect of the Central Region (Social Policy): ECJ 24 Jan 2012
ECJ Social policy – Directive 92/85/EEC – Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Articles 5(2) and 11(1) – Worker temporarily transferred to another job during her pregnancy – Compulsory transfer because of a risk to her safety or health … Continue reading Parviainen v Finnair Oyj: ECJ 1 Jul 2010
ECJ Article 31, paragraph 2, of the Charter – Fundamental social rights – General principles of law – horizontal effect of directives – Article 7 of Directive 2003/88/EC – Working conditions – Working time arrangements – The right to annual leave paid – Birth of entitlement regardless of the nature of the absence of the … Continue reading Dominguez v Prefect of the Central Region (Social Policy): ECJ 8 Sep 2011
ECJ Social policy – Directive 2003/88/EC – Short-time working (‘Kurzarbeit’) – Reduction of paid annual leave on the basis of short-time working – Allowance in lieu Judges: Ilesic P Citations: C-229/11, [2012] EUECJ C-229/11 Links: Bailii Statutes: Directive 2003/88/EC European, Employment Updated: 06 November 2022; Ref: scu.465976
ECJ Public service – Officials – Report of annual leave – Article 4 of Annex V of the Statute – Reasons due to exigencies of service – Article 73 of the Statute – Directive 2003/88/EC – Right to paid annual leave – Leave disease. Citations: 120/07, [2011] EUECJ 120/07 Links: Bailii Jurisdiction: European Employment Updated: … Continue reading Strack v Commission (Staff Regulations): ECJ 15 Mar 2011
Judges: Lady Justice King Lady Justice Simler And Lady Justice Elisabeth Laing Citations: [2022] EWCA Civ 70, [2022] IRLR 347, [2022] ICR 818, [2022] WLR(D) 59 Links: Bailii, WLRD Statutes: Working Time Directive 2003/88/EC, Charter of Fundamental Rights of the European Union Jurisdiction: England and Wales Citing: Appeal from – Smith v Pimlico Plumbers Ltd … Continue reading Smith v Pimlico Plumbers Ltd: CA 1 Feb 2022
ECJ Working conditions – Working time arrangements – Article 7 of Directive 2003/88/EC – Right to paid annual leave – Compensation for paid annual leave not taken at the end of the employment relationship – Extinction of right to annual leave paid not taken due to illness at the end of a period prescribed by … Continue reading KJHS v Winfried Schulte: ECJ 7 Jul 2011
ECJ Social policy – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Fire fighters employed in the public sector – Operational service – Article 6(b) and Article 22(1)(b) – Maximum weekly working time – Refusal to work longer than that time – Compulsory transfer to another … Continue reading FUSS (Social Policy): ECJ 14 Oct 2010
The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other elements of pay. Held: The position was not acte claire, and the case … Continue reading British Airways Plc v Williams and Others: SC 24 Mar 2010
ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – temporal application – Direct effect of a Directive – horizontal Dispute Judges: Mengozzi AG Citations: C-316/13, [2014] EUECJ … Continue reading Fenoll v Centre d’aide par le travail La Jouvene: ECJ 12 Jun 2014
ECJ Social policy – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Articles 1, 3 and 17 – Scope – Casual and seasonal activity of persons employed under an ‘educational commitment contract’ – Restriction on the working time of such staff in holiday and leisure centres … Continue reading Union Syndicale ‘Solidaires Isa’ Re: ECJ 14 Oct 2010
ECJ (Free Movement Of Persons) Directive 2003/88/EC – Organisation of working time – Entitlement to paid annual leave – Sick leave – Annual leave coinciding with sick leave – Entitlement to take annual leave at another time.The purpose of the entitlement to annual leave was to enable the worker to rest and enjoy a period … Continue reading Pereda v Madrid Movilidad SA: ECJ 10 Sep 2009
(Grand Chamber) Several employees claimed that having been absent from work sick, they were entitled to carry forward their unused holiday entitlements, or if a former worker, to pay in lieu under the Working Time directive. Held: The workers were so entitled. The right to holiday was a basic right guaranteed to every worker whatever … Continue reading Stringer and Others v Her Majesty’s Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund: ECJ 20 Jan 2009
ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7 – Right to paid annual – Retirement at the request of the party concerned – Worker failing to use up all his entitlement to annual paid leave before the termination of his work relations – National legislation excluding allowance … Continue reading Maschek v Magistratsdirektion der Stadt Wien – Personalstelle Wiener Stadtwerke: ECJ 20 Jul 2016
ECJ Directive 2003/88/EC working time arrangements Article 7 Right to paid annual leave minimal right of the compensatory leave not taken Fundamental social rights in Community law Loss of entitlement to the expiration of the time prescribed by law Citations: C-350/06, [2008] EUECJ C-350/06 – O Links: Bailii Statutes: Directive 2003/88/EC Cited by: Opinion – … Continue reading Schultz-Hoff v Deutsche Rentenversicherung Bund (Social Policy): ECJ 24 Jan 2008
Judgment – Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Members of the armed forces – Applicability of EU law – Article 4(2) TEU – Directive 2003/88/EC – Scope – Article 1(3) – Directive 89/391/EEC – Article 2(2) – Military activities – Concept … Continue reading Ministrstvo Za Obrambo: ECJ 15 Jul 2021
Working Time – Concept of Worker – Foster Parents – Opinion – Request for a preliminary ruling – Directive 2003/88/EC – Working time – Scope – Concept of worker – Foster parents – Exclusion Citations: ECLI:EU:C:2018:518, [2018] EUECJ C-147/17 – O Links: Bailii Jurisdiction: European Employment Updated: 24 April 2022; Ref: scu.619026
Reference for a preliminary ruling – Social policy – Organization of working time – Directive 2003/88/EC – Article 8 – Article 12(a) – Articles 20 and 31 of the Charter of Fundamental Rights of the European Union – Reduction of working time standard of night work as compared with that of day work – Workers … Continue reading Glavna direktsia Pozharna bezopasnost i zashtita na naselenieto (Judgment): ECJ 24 Feb 2022
ECJ Social Policy – Article 7 of Directive 2003/88/EC and the right to paid annual leave – Article 31 of the EU Charter of Fundamental Rights in horizontal disputes between two private parties – Absence of a facility for the full duration of the employment relationship for exercise of the right to paid annual leave … Continue reading King v The Sash Window Workshop Ltd: ECJ 8 Jun 2017
Smartphone App Contractors did so as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021
ECJ Directive 2003/88/EC – Organisation of working time – Entitlement to paid annual leave – Sick leave – Annual leave coinciding with sick leave – Entitlement to take paid annual leave at another time Judges: Safjan P Citations: C-78/11, [2012] EUECJ C-78/11 Links: Bailii Statutes: Directive 2003/88/EC Jurisdiction: European Employment Updated: 06 February 2022; Ref: … Continue reading Asociacion Nacional De Grandes Empresas De Distribucion (Anged) v Federacion De Asociaciones Sindicales (Fasga) and Others: ECJ 21 Jun 2012
The Claimant is a plumbing and heating engineer, who worked for the Respondent from August 2005 to May 2011. Throughout that period, the Respondent maintained that the Claimant was a self-employed independent contractor with no entitlement to paid annual leave. The Claimant did take periods of unpaid leave. On 3 May 2011, the Respondent suspended … Continue reading Smith v Pimlico Plumbers Ltd (Working Time Regulations): EAT 17 Mar 2021
Directive 2003/88/EC – Organisation of working time – Entitlement to paid annual leave – Sick leave – Annual leave coinciding with sick leave – Entitlement to take annual leave at another time Lenaerts P C-135/15, ECLI:EU:C:2016:774, [2016] WLR(D) 532 Bailii, WLRD Directive 2003/88/EC European Employment Updated: 24 January 2022; Ref: scu.570439
(Judgment) Failure to fulfill obligations – Directive 2003/88/EC – Organisation of working time – Daily rest – Weekly rest – Maximum weekly working time ECLI:EU:C:2015:840, [2015] EUECJ C-180/14 Bailii Directive 2003/88/EC European, Employment Updated: 17 January 2022; Ref: scu.565738
Order : Organisation of Working Time – Concept of ‘Worker’ – Parcel Delivery Undertaking – Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Directive 2003/88/EC – Organisation of working time – Concept of ‘worker’ – Parcel delivery undertaking – Classification of couriers engaged under a services … Continue reading B v Yodel Delivery Network Ltd: ECJ 22 Apr 2020
ECJ Preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31, paragraph 2 – Directive 2003/88/EC – Article 7 – Concept of ‘worker’ – Disabled person – Right to paid annual leave – National legislation contrary to EU law – Role of the national court A Tizzano, P … Continue reading Fenoll v Centre d’aide par le travail La Jouvene: ECJ 26 Mar 2015
ECJ Judgment – Reference for a preliminary ruling – Social policy – Framework Agreement on part-time work – Organisation of working time – Directive 2003/88/EC – Right to paid annual leave – Calculation of entitlement to leave in the event of an increase in working time – Interpretation of the pro rata temporis principle F. … Continue reading Greenfield v The Care Bureau Ltd: ECJ 11 Nov 2015
ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Protection of the safety and health of workers – Organisation of working time – Point (1) of Article 2 – Concept of ‘working time’ – Workers who are not assigned a fixed or habitual place of work – Time spent … Continue reading Federacion De Servicios Privados Del Sindicato Comisiones Obreras v Tyco Integrated Security Sl: ECJ 10 Sep 2015
EAT Working Time Regulations – TRADE UNION RIGHTS – Action short of dismissal Working Time Regulations 1998 (‘WTR’) Regulation 2(1)(a) and (c) – ‘working time’ Trade Union and Labour Relations (Consolidation) Act 1992 section 146 – detriment The Employment Tribunal having dismissed the Claimants’ claims of breach of the WTR and of detriment, the following … Continue reading Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015
ECJ (Judgment Of The Court) Request for a preliminary ruling – Social policy – Directive 2003/88/EC – Organisation of working time – Paid annual leave – Allowance in lieu in the event of death A. Tizzano, P ECLI:EU:C:2014:1517, [2014] WLR(D) 254, [2014] EUECJ C-118/13 WLRD, Bailii European, Employment Updated: 04 December 2021; Ref: scu.526675
ECJ Review of the judgment of the General Court in Case T-268/11 P – Civil service – Commission decision refusing to carry over paid annual leave not taken by an official during the reference period because of long term sick leave – Article 1e(2) of the Staff Regulations of Officials of the European Union – … Continue reading European Commission v Guido Strack: ECJ 19 Sep 2013
EAT CONTRACT OF EMPLOYMENT – Sick pay and holiday payWorking Time Directive 2003/88/EC Article 7; Working Time Regulations: holiday pay accrued when on sick leave. The Claimant sought payment in lieu of holiday pay, under WTR 13 and 13A, which he claimed had accrued during a period of illness prior to his resigning from his … Continue reading Sood Enterprises Ltd v Healy (Contract of Employment : Sick Pay and Holiday Pay): EAT 14 Mar 2013
ECJ Social policy – Directive 2003/88/EC – Entitlement to paid annual leave – Framework agreement on part-time work – Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period – Move of that worker to a scheme of part-time work – National provision or practice providing for a … Continue reading Bianca Brandes v Land Niedersachsen: ECJ 13 Jun 2013
ECJ (Opinion) Working conditions – Organisation of working time – Article 7 of Directive 2003/88/EC – Right to paid annual leave – Extent of the obligations provided for by that directive in respect of the nature and level of paid annual leave – Discretion available to the Member States in laying down precise rules governing … Continue reading Williams And Others v British Airways Plc: ECJ 16 Jun 2011
accardo_torinoECJ2010 ECJ Social policy – Protection of the safety and health of workers – Organisation of working time – Municipal police officers – Directive 93/104/EC – Directive 93/104/EC as amended by Directive 2000/34/EC – Directive 2003/88/EC – Articles 5, 17 and 18 – Maximum weekly working time – Collective agreements or agreements concluded between the … Continue reading Accardo and Others v Comune di Torino: ECJ 21 Oct 2010
The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the actual pay excluded bonus rates. The company said that the special regulations applicable … Continue reading British Airways Plc v Williams and Others: CA 3 Apr 2009
The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012
ECJ Working conditions – Directive 2003/88/EC – Organisation of working time – Right to annual leave – Airline pilots ECJ Article 7 of Directive 2003/88/EC and clause 3 of the European Agreement: ‘must be interpreted as meaning that an airline pilot is entitled, during his annual leave, not only to the maintenance of his basic … Continue reading Williams And Others v British Airways Plc: ECJ 15 Sep 2011
EAT Working Time Regulations 1998 – Regulation 21This is a test case which involves the hours that pilots can be expected to work on the River Humber. The Employment Tribunal found that Associated British Ports, the Appellant, could not comply with the provisions as to rest breaks in Regulation 12 and was therefore entitled to … Continue reading Associated British Ports v Bridgeman: EAT 4 Apr 2012
EAT WORKING TIME REGULATIONS: HOLIDAY PAY – DAMAGES FOR BREACH OF CONTRACT – UNLAWFUL DEDUCTION FROM WAGES The EAT held that Article 7 of the Working Time Directive is to be interpreted such that payments for overtime which the employees in two appeals before it were required to work, though which their employer was not … Continue reading Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014
russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .