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 salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he is required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, is provided and, second, to all the elements relating to his personal and professional status as an airline pilot. It is for the national court to assess whether the various components comprising that worker’s total remuneration meet those criteria.’
A. Tizzano, P
[2011] EUECJ C-155/10, C-155/10, [2012] CEC 118, [2012] 1 CMLR 23, [2012] ICR 847, [2011] IRLR 948
Bailii
Directive 2003/88/EC, Directive 93/104/EC
European
Citing:
Opinion – Williams And Others v British Airways Plc ECJ 16-Jun-2011
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 . .
Reference – British Airways Plc v Williams and Others SC 24-Mar-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 . .
Cited by:
Cited – Bear Scotland Limited v Fulton, and similar EAT 4-Nov-2014
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 . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Leading Case
Updated: 09 November 2021; Ref: scu.466926