In the Austrian case of Zentralbetriebsrat der Landeskrankenhauser Tirols v Land Tirol [C-486/08], where a full-time worker became a part-time worker – the remainder of the holidays that they had accrued during their full-time employment - would be:
• Reduced proportionately to the number of their part-time working hours or
• Taken by the worker at their part-time rate of pay
The ECJ ruled that the practice was unlawful. The pro rata principle did not apply to a part-time worker in relation to holidays that they had accrued as a full-time worker.
Fixed-term Discrimination
The ECJ ruled that it was unlawful to exclude fixed-term workers employed for up to six months or on a casual basis from certain employment rights, e.g. holidays. The exclusion was not justified by the Austrian Government.
Parental Leave
The ECJ also ruled that it was unlawful for a worker not to accrue any holidays during the year before the birth of their child if they took two years’ parental leave.
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