leave entitlements after a long-lasting Disease remain only at the statutory minimum leave. Collective employment claims can fall, however. This is shown by a ruling of the Labour Court of Rheinland-Pfalz (Case No.: 10 Sat 244/10).
The verdict was based on a complaint from an employee who was in the period from June 2007 incapacitated for work by October 2009.
was armed by 20 days
Under the current collective agreement for the employee him to an annual leave entitlement of 30 working days. The collective bargaining parties had agreed that the claims lapsed when the holiday because of incapacity or for operational reasons until 31 May the following year could be offered.
In view of a decision of the European Court of Justice (ECJ) was the employer of the applicant willing to grant it its not taken holidays for the years 2007 and 2008 retrospectively. However, the calculation, only the statutory minimum holiday entitlement of 20 days per year are used.
The employee, however, considered that are not void due to the Court ruling and his accrued vacation pay scale. So he pulled against his employer in court. There, he wanted to get that to him for the years 2007 and 2008 subsequently ten additional days of leave.
Only claims at the statutory minimum leave
After the Labour Court had dismissed the action as unfounded, was also the appeal to the state labor court is not successful. According to the court is basically nothing wrong with that agreement shall take the Federal Holidays Act alternative arrangements for its staff to the minimum holiday.
The Court's ruling, not after the lapse during a chronic illness acquired holiday entitlement relates, in the opinion of the judges but only to the respective EU Member State applicable minimum stay.
"a tariff order for forfeiture of on statutory holiday entitlement and his compensation is according to the clear directive of the law and jurisprudence of the ECJ backed the other hand, no law prevents Union, "the court said in its ruling. The employer of the plaintiff, therefore it has subsequently correctly only 40, and not, as requested by it, granted 60 vacation days.
0 comments:
Post a Comment