Employees should still accrue paid days off even if they are unable to work, the judgement said, because their rights and job benefits cannot be dependent on how well they are.
They must also be allowed to take time off that they built up while ill the previous year, and receive a payment in lieu of days off if they leave a job having been unable to take their full complement of paid leave.
The European Court of Justice declared: "A worker does not lose his right to paid annual leave which he has been unable to exercise because of sickness. He must be compensated for his annual leave not taken.
"The entitlement to annual leave of a worker on sick leave duly granted cannot be made subject to the obligation actually to have worked in the course of the leave year laid down by a member state."
Seriously? I get holiday pay when I've been off sick?
Might we not think that this is a tad de trop? Has the EU decided that I should get a bonus for not turning up to work as well? Maybe I should get my lunch allowance for not having lunch? Or my train ticket paid for when I don't commute?
Blimey, why don't we go to a simpler system. One where people decide amongst themselves the terms upon which they'll work and which they'll be employed?
2 comments:
Tim, like i said here...http://musingsonliberty.blogspot.com/2009/01/on-rights-and-wrongs.html
"Blimey, why don't we go to a simpler system. One where people decide amongst themselves the terms upon which they'll work and which they'll be employed?"
Which would only work if the powers exercised by the employer exactly matched those of the employee...which never happens. Can you imagine an employer agreeing to any benefits at all if he or she could get away with it?
Me neither.
That's why we have rights in the workplace.
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