The European court of justice: holiday pay may not be reduced in the case of short-time work

Employees in short-time work do not have to accept a judgment from the European court of justice (ECJ) that the employer is cutting you the holiday money in a lump sum. They had decided during their legally guaranteed annual leave, regardless of previous short-time working hours is entitled to normal remuneration, the judges in Luxembourg on Thursday.

However, the duration of suspension of the granted annual leave from the actual working time. Thus, short-time work could lead to the annual vacation will be reduced.

the Background of Verden, the application of a concrete Builder before the labour court. In 2015, he was a total of 26 weeks – half a year – in short-time work. His work in this time, practically he does not, however, worked.

national court must Details and decide

The employer payment in accordance with the Federal framework collective agreement for the construction industry – is guaranteed to be calculated according to the entitled to 30 days annual leave, however, to be paid vacation money due to short working hours, low can be.

The ECJ judges stated now, however, that the daily rate must be paid at the holiday pay and not on the basis of short-time work reduced should be. Since the concrete builders have not worked in 2015, but 26 weeks, should be entitled to EU-law only two weeks of vacation.

In Detail, this must now be for the national court to decide. Its judgment must, however, be in accordance with the principle decision of the ECJ.