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Working time: ECJ judgment re right to allowance in lieu of annual leave - Kreuziger v Land Berlin and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Tetsuji Shimizu (C-619/16 and C-684/16) [ECJ] 06.11.18 (Unreported)

Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship. HELD that EU law precludes a worker from automatically losing the days of paid annual leave to which he was entitled under EU law. EU law does not preclude the loss of that right or a right to an allowance in lieu of paid annual leave where the employee deliberately and knowingly refrained from taking his paid annual leave after having been given the opportunity.

Link to judgment
Category: Employment » Holidays; Working time; EC Law. Area(s) of law: Employment.

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