Примери за използване на Right to paid annual на Английски и техните преводи на Български
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The right to paid annual leave cannot be interpreted restrictively.”.
The Court already ruled in 2014 that a worker's right to paid annual leave does not lapse upon his death.
In that regard, the Court notes that any practice oromission of an employer that might have such a deterrent effect is incompatible with the purpose of the right to paid annual leave.
A WORKER DOES NOT LOSE HIS RIGHT TO PAID ANNUAL LEAVE WHICH HE HAS BEEN UNABLE TO EXERCISE BECAUSE OF SICKNESS.
It must be noted that any practice oromission of an employer that may potentially deter a worker from taking his annual leave is equally incompatible with the purpose of the right to paid annual leave”.
The Court decided that a worker should not automatically lose their right to paid annual leave because they did not apply for it.
The Court held(BECTU,2001) that the right to paid annual leave is a social right directly conferred on every worker by Community law and that no worker may be denied that right. .
In giving its judgment, the Court highlights that the relevant European Directive provides that every worker is entitled to paid annual leave of at least four weeks and that the right to paid annual leave is a particularly important principle of EU social law.
Social policy- Organisation of working time- Right to paid annual leave- Revised Framework Agreement on parental leave- Parental leave not regarded as a period of actual work.
In giving its judgment, the Court highlights that the relevant European Directive provides that every worker is entitled to paid annual leave of at least four weeks and that the right to paid annual leave is a particularly important principle of EU social law.
It follows that the right to paid annual leave of a worker who is absent from work on health grounds during the reference period cannot be made subject by a Member State to a condition concerning the obligation actually to have worked during that period.
They therefore asked the Court of Justice to interpret, in that regard, the EU legislation according to which a worker's right to paid annual leave of at least four weeks may be replaced by an allowance in lieu only if the employment relationship ends.
The right to paid annual leave is intended to enable the worker to rest and enjoy a period of relaxation and leisure, whereas sick leave is intended to enable a worker to recover from an illness.
The Court therefore finds that unlike in a situation of accumulation of entitlement to paid annual leave by a worker who was unfit for work due to sickness,an employer that does not allow a worker to exercise his right to paid annual leave must bear the consequences.
Although Member States are free to lay down, in their domestic legislation, conditions for the exercise and implementation of the right to paid annual leave, they are not entitled to make the very existence of that right subject to any preconditions whatsoever(see Schultz-Hoff and Others, paragraph 46).
Organisation of working time- Right to paid annual leave- National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship.
The state protects persons who are engaged as workers or employees especially,by assuring them the right of association, by limiting the working day, by ensuring the right to paid annual holidays, by controlling working conditions, by devoting attention to housing conditions and social insurance.
The right to paid annual leave conferred by Directive 2003/88 itself on all workers(BECTU, paragraphs 52 and 53) cannot be made subject by a Member State to a condition concerning the obligation actually to have worked during the leave year laid down by that State.”.
Although Member States may lay down conditions for the exercise and implementation of the right to paid annual leave, they are not entitled to make it subject to any preconditions whatsoever or to exclude the very existence of that right, which is expressly granted to all workers.
Not only does the position of the Court of First Instance not rest on any supposed equivalence of sick leave to absence in the needs of the service, but the facts in Verheyden v Commission do not correspond to those of the present case,where the applicant was unable to exercise his right to paid annual leave during almost the whole reference period.
(Social policy- Directive 2003/88/EC- Article 7- Right to paid annual leave- Precondition for entitlement imposed by national rules- Absence of the worker- Length of the leave entitlement based on the nature of the absence- National rules incompatible with Directive 2003/88- Role of the national court).
Any interpretation of the provisions of EU law in question which is liable to encourage the worker to refrain deliberately from taking his paid annual leave during the applicable reference or authorised carry-over periods, in order to increase his remuneration upon termination of the employment relationship,is incompatible with the objectives pursued by the introduction of the right to paid annual leave.
Organisation of working time- Right to paid annual leave- Legislation of a Member State under which collective agreements may provide for account to be taken of periods of short-time working when calculating remuneration to be paid in respect of annual leave- Temporal effects of judgments ruling on interpretation.
Article 7§2 of Directive 2003/88 must be interpreted in the sense that it overrides national provisions or practices whereby, when employment is terminated, no allowance for paid annual holiday not taken is payable to a worker who has been on sickness leave during all or part of the leave period and/or of a carry-over period,which is why he has not been able to exercise his right to paid annual holiday.
Right to paid annual leave- Employment relationship terminated by the death of the worker- National legislation preventing the payment of an allowance to the legal heirs of a worker in lieu of paid annual leave not taken by him- Obligation to interpret national law in conformity with EU law- Whether it may be relied upon in a dispute between individuals.
In regards to a worker who hasn't been able, for reasons out of his/her control,to exercise his right to paid annual leave in advance of termination of the employment relationship, the allowance in lieu to which he is entitled must be calculated so that the worker is put in a position comparable to that he would have been in had he exercised that right during his employment relationship.
The Court has held that, with regard to a worker who has not been able, for reasons beyond his control,to exercise his right to paid annual leave before termination of the employment relationship, the allowance in lieu to which he is entitled must be calculated so that the worker is put in a position comparable to that he would have been in had he exercised that right during his employment relationship.
A worker cannot automatically lose his acquired rights to paid annual leave because he did not apply for leave.
(1) Every employee has the right to annual paid leave.
This is contrary to the fundamental EU social right to minimum paid annual leave.