EU-Hof: verplichte vakantiedagen mogen niet worden gecompenseerd met geld (en)

The minimum annual leave of four weeks cannot be converted into paid compensation, even when it is carried over until the next year, the European Court of Justice ruled on Thursday (6 March).

The court argued that to do so would be to breach the EU law on working time, which regulates how many hours employees should work.

The Fedaratie Nederlands Vakbeweging (Netherlands trade union federation) brought a case before the European Court of Justice claiming that the Dutch ministry of social affairs' interpretation of the directive was not in line with EU legislation.

The ministry argued that employers and employees could agree on an employment contract where money could be paid in lieu of an employee using all of their holidays.

In its judgement, the ECJ noted that the entitlement to the paid annual leave is an important principle of EU social law.

The judgment also said that workers must be entitled to actual rest, with a view to ensuring effective protection of safety and health.

It said that the possibility of financial compensation would create an incentive which is incompatible with the goal of the EU directive.

"We are very satisfied with this, because annual leave days are meant for workers to recover from work and not to sell," Dutch trade union spokesman Paulus Plas stated.

According to the working time directive, every worker is entitled to paid annual leave of at least four weeks with member states obliged to protect this right.