Brussels, 22/01/2009 (Agence Europe) - The decision reached by the Court of Justice of the European Communities, whereby workers will continue to accumulate their right to paid leave even during periods of sick leave, does not please everyone (C-350/06, EUROPE 9822).
Trade unions are naturally pleased with the verdict but their satisfaction is not shared by British Conservative Philip Bushill-Matthews. Consulted by telephone on 20 January, the MEP (EPP-ED) said: “On the face of it this may seem like a good move for employees but at this present time there is a good chance that it will just add to Europe's already critical unemployment woes”. The financial as well as administrative burden weighing on companies is considerably increased because of it, especially for small firms, explains Mr Bushill-Matthews, expressing indignation in passing that this non-British court should be able to exert authority over workers' rights in his own country. On the other hand, German Socialist Karin Jöns said she was very pleased with the ruling as no-one falls ill of their own accord. Being deprived of paid leave would, she said, be like “punishing the worker” and is in no way justifiable. With its ruling, the Court of Justice is contributing to making social Europe stronger, she said by email on 21 January. The UEAPME, the association representing SMEs with the European Communities, is hesitant about taking a stance on the possible impact that the ruling could have on companies. However, one of its spokespeople stressed that over 50% of SMEs are only made up of one person acting as employee and employer. The significance of Monday's ruling for such “companies” is not yet clear, he explains.
This is the first time that the Court rules on this kind of case. At the British employment tribunal, it is expected that there will be “an increase in the number of new claims received on this issue as a result of the ruling” (Ed: by the Court of Justice of the EC), a spokesman said. We would put out that, in the case in question, the tribunal had ruled that the workers concerned had won the case but its decision was overruled by the Court of Appeal of England and Wales. The British tribunal and the Court of Appeal will no doubt take into account the analysis made by the European Court of Justice during future proceedings on this case. (C.D./transl.jl)