Birmingham and Coventry National Union of Journalists

Working not a precondition to right to paid holiday, court rules

Workers' right to paid holiday cannot be subject to a minimum period of actual work during the reference period used to calculate entitlement, the European Court of Justice has said.

Ruling in case C-282/10 Dominguez v CICOA, the court held that although EU member states were “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”.
Read more: Solicitors Journal 24 January 2012