The Right to Paid Annual Leave on RetirementPosted in : Commercial Law for Employers on 9 August 2016
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,
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This article is correct at 09/08/2016
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