Who is engaged in short-time work, must not accept that the employer is cutting him the holiday pay in a lump sum. This was decided by the European court of justice (ECJ) in Luxembourg. Employees, therefore, during their legally guaranteed annual leave is entitled to normal remuneration, regardless of previous short-time working hours. When the holiday money you have to accept but still a loss.
For The duration of the granted annual leave depends on the actual working time, ruled the judge. Thus, short-time work could lead to the annual vacation will be reduced. This leads to days may be less vacation – and so the bottom line is also less holiday money.
Background Verden, the application of a concrete Builder before the labour court. In 2015, he was employed for a total of 26 weeks – half a year – in short-time work. His work in this time, practically he does not, however, worked.
The employer calculated the payment in accordance with the Federal framework collective agreement for the construction industry. Thereafter, the entitlement to 30 days ‘ annual leave is guaranteed, the vacation pay may be due to short working hours, however, lower. Accordingly, the employer paid during the leave only a reduced wage. The concrete builders thought this was unacceptable and complained. The labour court of Verden submitted the dispute to the ECJ.
The ECJ judges found, however, now, the days when holiday pay should be paid and should not be on the basis of short-time work reduced. In the concrete case, the concrete farmer has but only for two weeks of vacation is entitled to the full wage because he has worked only for half of the year. For the remaining 16 days of vacation entitlement is determined in accordance with the construction Plan. The sum must now calculate the labour court of Verden.