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ECJ: pilots' holiday pay to include all allowances except ancillary costs (News, 21 September 2011)

ECJ: pilots' holiday pay to include all allowances except ancillary costs (News, 21 September 2011)
Published on: 21 September 2011
Published by: LexisPSL
  • ECJ: pilots' holiday pay to include all allowances except ancillary costs (News, 21 September 2011)

Article summary

The right enjoyed by pilots to paid annual leave under the European Agreement on the Organisation of Working Time of Mobile Staff in Civil Aviation, which is annexed to the Aviation Directive (2000/79/EC), and purportedly implemented in UK by the Civil Aviation (Working Time) Regulations 2004, gives a right to pay during annual leave calculated so as to be equivalent to (1) basic pay, plus (2) all the components of total remuneration intrinsically linked to the performance of the tasks which a pilot is required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of that remuneration, is provided, plus (3) all the elements of total remuneration relating to his personal and professional status as an airline pilot, but excluding (4) any amount referable to the components of the pilot's total remuneration which are intended exclusively to cover occasional or ancillary costs arising at the time of performance of the tasks which the pilot is required to carry out under his contract of employment, such as costs connected with the time that pilots have to spend away from base, according to the ECJ in Williams v British Airways. or take a trial to read the full analysis.

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