Accumulation of vacation periods vs. accumulation of vacation payments

Comment to the European Court of Justice Judgment dated May 3, 2012, case C-337/10, Georg Neidel and Stadt Frankfurt am Main

Abstract

The possibility to accumulate vacation periods and/or vacation payments, accrued but not enjoyed due to the health leave of absence of the worker (temporary incapacity) is not doubtful. However, it is questioned if any limitation to such accumulations should be imposed. The alternatives provided both internationally (OIT Convention num. 132) and by the national Laws (v. gr. section 38.3 of the Spanish Workers Statue) stress in a fundamental asymmetry of complicated or even impossible solution. This work is dedicated to its study and to propose other possible solutions.