sec_1__9__para__6 — COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive…

sec_19para__6

COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time · European Union

Where workers change from full to part-time employment, the Court has ruled that it would be incompatible with the Directive to apply the pro rata temporis principle retrospectively to the right to annual leave accumulated during a period of full-time work as this would entail a loss of some accumulated rights (220). So a reduction in working hours cannot reduce the right to annual leave that the worker has already accumulated (221). In the contrary situation where a worker moves from part to full-time, a new entitlement must in any case be calculated for the period after the increase in working hours, following the pro rata temporis principle (222).

← sec_1__9__para__5 · All articles · sec_1__9__para__7 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.