Case C-569/16, Bauer – an heir’s accrued leave rights post-Bollacke but contra legem

After the CJEU’s labour law Bollacke judgment, if a worker had accrued paid annual leave but had died before taking it, then it looked like the heir to his estate could claim a cash equivalent from the employer. Yet the effect of this new EU labour law right seems to be drained by old German inheritance law. Thus, what is a German labour law judge to do? Applying the EU’s ‘working time’ Directive 2003/88/EC or Article 31(2) of the EU Charter would clearly be contra legem so there is no obligation on the national court to give effect to it. However, if EU labour law prevails, then does it matter that the employer was a public body (Case C-569/16) or a private company (Case C-570/16)? More

Case C-396/13, Sähköalojen ammattiliitto ry – Polish sparks short-circuit national social law

Where Polish employees are posted to work on a Finnish power plant, can a Finnish union insist that those workers receive every bit of ‘pay’ as that concept is fleshed out in the relevant Finnish collective agreement? Or is the Polish company correct that: (i) Polish law governs their employees’ contract of employment (ii) under Polish law, workers cannot assign any labour-related claims; and (iii), a Finnish court has no jurisdiction to find that Polish law contravenes the EU Charter’s provisions on freedom of association? More

Case C-118/13, Bollacke – claiming the unused paid annual leave of her late husband

If a worker accrues paid annual leave but dies before taking it, then can the heir to his estate claim a cash equivalent from the employer by dint of the EU’s ‘working time’ Directive 2003/88/EC? And in view of the fact that a goal of the Directive is the health and safety of workers, is an employer obliged to grant leave even if the employee has not asked for it? More

Case C-316/13, Fenoll – it is no holiday in a French work rehabilitation centre

Where a handicapped person is placed with a French work rehabilitation centre in order to facilitate his integration into society and to ensure that he flourishes on the labour market, must he work and follow the labour-market courses but without accruing any rights to paid annual leave? Or would that be contrary to the EU’s working time Directive 2003/88? More

Case C-311/12, Kassner – does EU law stop the social partners eroding paid annual leave?

Does Article 31 of the EU Charter of Fundamental Rights and Article 7(1) of the working time Directive 2003/88/EC combine to preclude national legislation that allows the social partners in specific industrial sectors to reduce the length of paid annual leave? And what effect does the EU Charter and the Directive have on the situation where a worker who is off work sick has their contract of employment terminated? Can he claim financial compensation in lieu of the perceived right to annual leave accrued but unused during the period of illness? More