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Working time and sick leave: ECJ judgment - Terveys- ja sosiaalialan neuvottelujarjesto (TSN) ry v Hyvinvointialan liitto ry (2019) (C-609/17 and C-610/17) [ECJ] 19.11.19 (Unreported)

Reference for a preliminary ruling — Social policy — Article 153 TFEU — Minimum safety and health requirements for the organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave of at least 4 weeks — Article 15 — Provisions of national legislation and collective agreements more favourable to the protection of the safety and health of workers — Workers incapable of working during a period of paid annual leave due to illness — Refusal to carry over that leave where not carrying over that leave does not reduce the actual duration of the paid annual leave below 4 weeks — Article 31(2) of the Charter of Fundamental Rights of the European Union — Inapplicable where there is no implementation of EU law for the purposes of Article 51(1) of the Charter of Fundamental Rights. HELD that the Working Time Directive art.7(1) and the right to paid annual leave did not prevent national legislation or collective agreements, such as the Finnish ones concerned, from which it followed that days of paid annual leave beyond a period of four weeks could not be carried over when they overlapped with days of sick leave.

Link to judgment
Category: Employment » Absence; Sickness; Working time. Area(s) of law: Employment.

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