Decisions: Темелни права - Солидарност - Фер и праведни работни услови

In a request for a preliminary ruling under Article 267 TFEU, the Supreme Court of Austria asked the ECJ if a provision of national law under which no allowance in lieu of paid annual leave is payable in respect of the current last working year, where the worker unilaterally terminates (“withdraws from”) the employment relationship early without cause, is compatible with Article 31(2) of the Charter of Fundamental Rights of the European Union and Article 7 of Directive 2003/88 concerning certain aspects of the organisation of working time and if the answer is negative, if it is necessary to verify additionally if the worker was unable to use up his or her annual leave. ECJ responded that Article 7 of Directive 2003/88/EC read in the light of Article 31(2) of the Charter must be interpreted as precluding a provision of national law under which no allowance is payable in lieu of paid annual leave not taken in respect of the current and last year of employment, where the worker unilaterally terminates the employment relationship early and without cause. It is not necessary for the national court to verify whether the worker was unable to take the leave to which he or she was entitled.

In a request for a preliminary ruling under Article 267 TFEU, the Employment Tribunal in Leicester, UK asked the CJEU to interpret Article 7 of Directive 2003/88/EC concerning certain aspects of the organisation of working time. The case is regarding remuneration received during paid annual leave, which is stipulated in Article 31 (2) of the Charter of Fundamental Rights. The Court stated that Article 7 of Directive 2003/88/EC must be interpreted as precluding national legislation and practice under which a worker whose remuneration consists of a basic salary and commission, the amount of which is fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, is entitled, in respect of his paid annual leave, to remuneration composed exclusively of his basic salary.