Post by account_disabled on Dec 30, 2023 19:56:08 GMT -10
Alight of this interpretation of Article of Directive the fact that the national legislator confers on a certain category of persons the right to a much more generous financial compensation for unpaid annual leave than what is provided for in the provision of Directive has as a consequence as a result of the direct applicability of Article of Directive the fact that even persons whose national law provides in breach of this directive that they are not entitled to a financial compensation for unpaid annual leave are entitled to such an indemnity of.
A net value higher than that provided for by this provision Country Email List of the said directive in the same way as the persons who are favored by the national regulation In order to provide a useful answer to the referring court it must first be recalled that as follows from the very content of Article of Directive a provision from which this directive does not allow for derogation any worker benefits from of a paid annual leave of at least four weeks. This right to paid annual leave which according to a constant jurisprudence of the Court must be considered of particular importance is therefore granted to every worker regardless of his state of health Judgment of January.
SchultzHoff and Others C and C EUC paragraph and Judgment of May Neidel C EUC point . If the employment relationship has ended and therefore the actual taking of paid annual leave is no longer possible Article of Directive provides that the worker is entitled to a financial allowance to exclude the situation that because of this impossibility the worker cannot benefit from this right even in pecuniary form see Judgment of January SchultzHoff and others C and C EU C paragraph.
A net value higher than that provided for by this provision Country Email List of the said directive in the same way as the persons who are favored by the national regulation In order to provide a useful answer to the referring court it must first be recalled that as follows from the very content of Article of Directive a provision from which this directive does not allow for derogation any worker benefits from of a paid annual leave of at least four weeks. This right to paid annual leave which according to a constant jurisprudence of the Court must be considered of particular importance is therefore granted to every worker regardless of his state of health Judgment of January.
SchultzHoff and Others C and C EUC paragraph and Judgment of May Neidel C EUC point . If the employment relationship has ended and therefore the actual taking of paid annual leave is no longer possible Article of Directive provides that the worker is entitled to a financial allowance to exclude the situation that because of this impossibility the worker cannot benefit from this right even in pecuniary form see Judgment of January SchultzHoff and others C and C EU C paragraph.