The Right to Paid Annual Leave on Retirement

Posted in : Commercial Law for Employers on 9 August 2016
Kevin McVeigh
Elliott Duffy Garrett

Review of Hans Maschek v Magistratsdirektion der Stadt Wien which has clarified that an employee is entitled to an allowance in lieu of paid annual leave where the employee has not been able to use up his rights to paid annual leave before the end of the employment relationship as a result of retirement requested by him.

Key Issues: Social Policy – Right to Paid Annual Leave – Sick Leave - Request for a Preliminary Ruling
Case: Hans Maschek v Magistratsdirektion der Stadt Wien
Reference: Case C-341/15, CJEU (Tenth Chamber), 20 July 2016
Legislation: Directive 2003/88/EC

Mr Maschek was a public servant with the city of Vienna from 3 January 1978. Between 15 November 2010 and 30 June 2012, the date of his retirement, he did not report to his place of work. The referring court (Administrative Court of Vienna) states that it is apparent from Mr Maschek’s administrative file that his employer, in its records,

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

This article is correct at 09/08/2016
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email kevin.mcveigh@edglegal.com

View all articles by Kevin McVeigh