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WORKING TIME REGULATIONS: Holiday pay should include commission

11 July 2014  

Calculating holiday pay has just become even harder, thanks to the latest in a line of ECJ cases on the issue, reports Stefan Martin

The Working Time Regulations 1998 continue to throw up cases which cause headaches for lawyers and employers alike. Previous decisions of the European Court of Justice (ECJ) on the legislation have looked at the impact of sickness on the accrual of holiday under the regulations and on whether becoming sick while on holiday creates a right to additional accrual of holiday entitlement. In the cases reviewed below, the ECJ has looked at the effect of an employee’s death on rights to holiday pay and also at the tricky issue of how holiday pay should be calculated when commission payments form part of an employee’s pay.

Additional Info

  • Case(s) Referenced:

    Bollacke v K + K Klaas & Kock BV & Co KG [2014] C-118/13

    Lock v British Gas Trading Ltd [2014] C-539/12