Greenfield (Judgment) [2015] EUECJ C-219/14 (11 November 2015)

Greenfield (Judgment) [2015] EUECJ C-219/14 (11 November 2015)

EU law does not oblige Member States to recalculate accrued paid annual leave retroactively when a worker increases working hours; recalculation is only required for the period during which working time increased. The calculation of entitlement to paid annual leave is to be performed according to the same...

Source-derived case information.

Citation
[2015] EUECJ C-219/14
Parties
Applicant: Ms Greenfield; Respondent: The Care Bureau Ltd
Jurisdiction
European Union
Judgment Date
11 November 2015
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union
Outcome
Preliminary ruling issued; interpretation of EU law provided to referring tribunal.
Legal Topics
Part Time Work, Paid Annual Leave, Working Time, Non Discrimination, Employment Termination, Calculation of Leave Entitlement
Labour Law European Union Law Part Time Work Paid Annual Leave Working Time Non Discrimination Employment Termination Calculation of Leave Entitlement

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Parties

Ms Greenfield

Applicant

The Care Bureau Ltd

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union

Legal Issues

  1. 1 Whether EU law requires recalculation of accrued paid annual leave when a worker increases working hours
  2. 2 Whether national law may or must provide for such recalculation
  3. 3 Whether calculation principles differ between allowance in lieu of leave on termination and ongoing leave entitlement

Ratio Decidendi

EU law does not oblige Member States to recalculate accrued paid annual leave retroactively when a worker increases working hours; recalculation is only required for the period during which working time increased. The calculation of entitlement to paid annual leave is to be performed according to the same principles, whether for allowance in lieu of leave on termination or for ongoing leave entitlement.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided to referring tribunal.

Orders

  • Clause 4.2 of the Framework Agreement and Article 7 of Directive 2003/88/EC do not require retroactive recalculation of accrued paid annual leave following an increase in working hours; recalculation applies only to the period of increased hours.
  • Calculation principles for paid annual leave entitlement are the same whether for allowance in lieu on termination or for ongoing entitlement.