Compensation in respect of days of paid annual leave not taken and the corresponding holiday bonus pay granted to temporary agency workers must be at least equal to that which would be granted to them if they had been recruited directly by the user undertaking to occupy the same job for the same period of time

(Source: Court of Justice of the European Union)

In October 2017, two workers entered into temporary agency employment contracts with Luso Temp, under which they were made available for an assignment at a user undertaking. Their assignment ended approximately two years later. The workers brought an action against Luso Temp seeking recovery of sums allegedly unpaid in respect of days of paid leave and the corresponding holiday bonus pay owed for the period during which they were employed by that company. The workers take the view that the number of days and the amount of the sums in question should be determined in accordance with the general provisions on paid leave. Luso Temp contends, by contrast, that the calculation method to be applied is the one laid down in the special provisions on paid leave applicable to temporary agency workers. The consequence of
applying the latter method is that the workers would be entitled to fewer days of paid leave and a lesser amount of the corresponding holiday bonus pay than they would be entitled to had they been recruited directly by the user undertaking for the same period of time and for the same job.

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