Bollacke v K + K Klaas & Kock B.V. & Co. KG Posted In: Case Law
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionWorking Time and Leave
The Court of Justice of the EU has ruled that annual leave untaken at the time of a worker's death passes to his/her estate and they are entitled to the pay in lieu equivalent.
Article 7 of Directive 2003/88, entitled ‘Annual leave’, is worded as follows:
‘1. Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.
2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.’
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