The Right to Paid Annual Leave: the Implications of AccessionReport as inadecuate




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Croatian yearbook of European law & policy, Vol.10 No.10 December 2014. -

The right to paid annual leave is a particularly important

principle of EU social law that is regulated by the provisions of Article

7 of the Working Time Directive WTD, where it enjoys a privileged

status as the only non-derogable right. Significantly, Article 7 of the

WTD Directive has been interpreted by the Court of Justice of the European

Union CJEU as a directly effective provision. In Croatian law,

this right has been implemented by means of the Labour Act. In this

article, we examine three aspects of national regulations regarding

paid annual leave against which might raise doubts as to the proper

implementation of Article 7 WTD. First, we look at the regulation on

minimum periods of employment as a precondition for the entitlement

to paid annual leave. Here, we shall argue that the national regulation

is not consistent with EU law, as it triggers the accrual of the right to

paid annual leave only after half a month of employment. After that,

we examine the regulation on the overlap between paid annual leave

and other types of leave. We shall claim that national rules regulating

overlaps between paid annual leave and maternity, parental, adoption,

sick and other paid leave are not in violation of EU law. However,

in the case of the overlap between paid leave and unpaid leave stemming

from the Maternity and Parental Benefits Act, we raise certain

doubts as to the adequacy of national regulations. Our last point of

interest is the regulation concerning the carrying-over of untaken paid

annual leave into the following calendar year, where we argue that

national provisions on the carry-over period are not consistent with

Article 7 WTD.



Author: Željko Potočnjak - Andrea Grgić - Iva Čatipović -

Source: http://hrcak.srce.hr/



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