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Right of deceased employee's heirs to allowance in lieu of unpaid annual leave - Stadt Wuppertal v Bauer and another (C-569/16 and C-570/16) [ECJ]

Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Employment relationship terminated by the death of the worker — National legislation preventing the payment of an allowance to the legal heirs of a worker in lieu of paid annual leave not taken by him — Obligation to interpret national law in conformity with EU law — Charter of Fundamental Rights of the European Union — Article 31(2) — Whether it may be relied upon in a dispute between individuals. HELD that the heirs of a deceased employee may claim from the former employer an allowance in lieu of paid annual leave not taken by the employee. The ECJ confirmed that under EU law a worker's right to paid annual leave does not lapse upon his death and that heirs may claim an allowance in lieu. In the event that national law precludes that possibility and is therefore incompatible with EU law, the heirs may directly rely on EU law, both against a public and a private employer.

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Category: Employment » Holidays; Working time; EC Law. Keyword(s): Succession. Area(s) of law: Employment; Private Client.

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