(Correct) Calculation of Payment During Annual Leave and Allowance in Lieu of Leave not Taken in the Public and Private Sectors and the Impact of the Case-law of the Court of Justice on the Decision-making of the Slovenian Courts

Abstract

The example of the case-law evolution of the Court of Justice (CJEU), concerning the correct interpretation of the requirement of “normal remuneration” to be received on basis of Article 7(1) of Directive 2003/88/EC during the period of annual leave and the corresponding allowance in lieu, the challenges of Slovenian courts, confronted with a rather static domestic and EU labour legislation, will be presented. Annual leave is a fundamental right of every worker in the EU, be it in private or public sectors, so its regulation on both legislative levels should be enacted with great precaution. It will be further presented that due to the implicit supranational and autonomous nature of the EU law it is nigh to impossible for the national legislators to regulate all aspects of this fundamental right as both levels of legislation “do not speak the same (normative) language”, especially with the CJEU as a constant interpretative “interloper”. In absence of uniform EU labour law interpretative alignment can only be asserted by the continuous efforts of the national judiciary.