International Leave Carryover Rules

Morning Iain

OK this is an interesting one and I've done some research see attached

https://www.addleshawgoddard.com/globalassets/insights/employment/e...

So even though Switzerland is not in the European Union as part of the agreements in order for it to trade with Europe it is part of the European Free Trade Association (EFTA) which as part of this deal means it is required to comply with EU it would have to comply with most EU legislation, including all existing and future EU employment law. So if you extend this logic then it would have to comply with some of the case law rulings from the CJEU re holiday carry over? I have included a couple of these below?

ECJ judgments

Pereda v Madrid Movilidad SA [2009] IRLR 959. There, the ECJ held that, where a worker's prearranged statutory holiday coincides with a period of sick leave, the Directive requires that the worker has the option of designating an alternative period for taking the holiday. In some circumstances, this would mean the holiday entitlement being carried over to the next leave year.

More recently in Neidel v Stadt Frankfurt am Main C-337/10 (ECJ); [2012] IRLR 607 (SC), the ECJ held that the worker was entitled, on retirement, to an allowance in lieu of paid annual leave not taken because of sickness. There was no indication that the worker had made a request to take leave or that he had made a request to carry forward his paid annual leave

If anyone works in Switzerland or supports a Company which is based there it would be great to know for sure!

I hope this helps.

Sarah

https://www.addleshawgoddard.com/globalassets/insights/employment/employment-law-consequences-of-br…

Replies

Sarah Loates May 31, 2017 at 9:57am

Morning Iain

OK this is an interesting one and I've done some research see attached

https://www.addleshawgoddard.com/globalassets/insights/employment/e...

So even though Switzerland is not in the European Union as part of the agreements in order for it to trade with Europe it is part of the European Free Trade Association (EFTA) which as part of this deal means it is required to comply with EU it would have to comply with most EU legislation, including all existing and future EU employment law. So if you extend this logic then it would have to comply with some of the case law rulings from the CJEU re holiday carry over? I have included a couple of these below?

ECJ judgments

Pereda v Madrid Movilidad SA [2009] IRLR 959. There, the ECJ held that, where a worker's prearranged statutory holiday coincides with a period of sick leave, the Directive requires that the worker has the option of designating an alternative period for taking the holiday. In some circumstances, this would mean the holiday entitlement being carried over to the next leave year.

More recently in Neidel v Stadt Frankfurt am Main C-337/10 (ECJ); [2012] IRLR 607 (SC), the ECJ held that the worker was entitled, on retirement, to an allowance in lieu of paid annual leave not taken because of sickness. There was no indication that the worker had made a request to take leave or that he had made a request to carry forward his paid annual leave

If anyone works in Switzerland or supports a Company which is based there it would be great to know for sure!

I hope this helps.

Sarah

https://www.addleshawgoddard.com/globalassets/insights/employment/employment-law-consequences-of-br…
- Iain Grosvenor > Sarah Loates May 31, 2017 at 3:12pm
  
  Thank you Sarah, very interesting reading

This reply was deleted.

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