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2015-10 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2015)

handle is hein.intyb/rcbjcofi0374 and id is 1 raw text is: ZReports of Cases Case C-219/14 Kathleen Greenfield V The Care Bureau Ltd (Request for a preliminary ruling from the Employment Tribunal Birmingham) (Reference for a preliminary ruling - Social policy - Framework Agreement on part-time work - Organisation of working time - Directive 2003/88/EC - Right to paid annual leave - Calculation of entitlement to leave in the event of an increase in working time - Interpretation of the pro rata temporis principle) Summary - judgment of the Court (Sixth Chamber), 11 November 2015 1. Social policy - Protection of the safety and health of workers - Organisation of working time - Right to paid annual leave - Principle of European Union social law of particular importance (Charter of Fundamental Rights of the European Union, Art. 31(2); European Parliament and Council Directive 2003/88, Art. 7) 2. Social policy - Framework agreement on part-time work concluded by UNICE, CEEP and the ETUC - Directive 97/81 - Organisation of working time - Directive 2003/88 - Right to paid annual leave - Pro rata temporis principle - Increase in working time - Member States' obligation to recalculate retroactively, according to the new work pattern, the entitlement to paid annual leave already accrued - No such obligation - New calculation required only for the period of increase in working time (European Parliament and Council Directive 2003/88, Art. 7; Council Directive 97/81, as amended by Directive 98/23, Annex, Clause 4.2) 3. Social policy - Framework agreement on part-time work concluded by UNICE, CEEP and the ETUC - Directive 97/81 - Organisation of working time - Directive 2003/88 - Right to paid annual leave - Calculation of that right for the purpose of determining the allowance in lieu of paid annual leave not taken where the employment relationship is terminated or for the purpose of determining the outstanding entitlement where the employment relationship continues - Calculations to be performed according to the same principles (European Parliament and Council Directive 2003/88, Art. 7; Council Directive 97/81, as amended by Directive 98/23, Annex, Clause 4. 2) 1. See the text of the decision. (see paras 26, 27) ECL:EU:C:2015:745

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