§2 The amount of the allowance

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

The Directive does not determine how the allowance in lieu of the minimum period of paid annual leave should be calculated. The Court has nevertheless ruled that Member States must ensure that the conditions laid down by national law take account of the limits derived from the Directive itself. They must require that the allowance in lieu ‘be calculated so that the worker is put in a position comparable to that he would have been in had he exercised that right during his employment relationship’ (309). This means that the worker’s normal remuneration, which must normally continue during annual leave, is decisive (310) in calculating the allowance in lieu of annual leave not taken by the end of the employment relationship (311).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07