"If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen."

Tuesday, 15 September 2009

ECJ Landmark Ruling


Employees will be able to carry any annual leave marred by illness over into the next holiday year. The ruling is a new interpretation of the European Working Time Directive, which applies in Britain across the entire private and public sector. Unfortunately, the ruling doesn't make clear how or when the employee should notify the employer. The EWTD was one of Blair's touted red-lined opt-outs for the UK which didn't hold against QMV (qualified majority voting).

The judgment specifically says that "if a worker does not wish to take annual leave during a period of sick leave, annual leave must be granted to him for a different period”.

I'm sure there'll have to be some clarification. The case arose because a man was ill before he could take his annual leave so was at home on sick leave instead. I doubt it was intended to mean that if you get Delhi Belly or Costa Clap whilst on holiday you can notify your employer and reclassify days as sick leave instead.

Anyone who still maintains that EU laws & directives don't have supremacy over our own is being disingenuous.  European legislation sucks.

2 comments:

  1. Hopefully, GV, this will help demonstrate to the Irish that so-called "red lines", "opt outs" and "guarantees" are not worth the paper they're written on!

    ReplyDelete
  2. You're right Spider - I've been reading lots of EU treaties, laws & directives over the past few days (mind-numbing) and all the loopholes are there. Leaders are being dishonest with the people.

    ReplyDelete

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