Brussels, 29/05/2015 (Agence Europe) - On Thursday 28 May, the European Commission said Spain had failed to respect European rules on workers' rights in night work and annual paid leave. In these two cases, Spain now has two months to ensure its legislation complies with EU law, failing which, it could be taken to the European Court of Justice.
The working time directive (Directive 2003/88/EC) stipulates that all workers have the right to annual paid leave of at least four weeks. The Court of Justice has held that workers who have not been able to take annual leave due to illness should be able to carry over their leave entitlement for a period of at least 15 months. Where the employment relationship is terminated, workers should receive this outstanding leave in the form of an allowance instead of actual leave. In Spain, public sector workers are not guaranteed these rights, which is why the Commission sent the country a reasoned opinion today following a letter of formal notice in July 2014.
On the basis of the same directive, the Commission is taking Spain to task for a second time, again sending a reasoned opinion, for failing to respect provisions on night work. Spain has not transposed the 8-hour absolute limit to night work involving special strain in its legal order. Furthermore, as regards the National Police Force, the Commission says the Spanish authorities do not provide night workers with a sufficiently effective procedure to request transfer to daytime work for health reasons. Spanish law and practice is therefore incompatible with EU rules on working time. (Jan Kordys)