TEMPORARY WORKERS HAVE RIGHT TO HOLIDAYS, SAYS ECJ ADVISER

The denial of annual leave to temporary workers on contracts of less than 13 weeks by the UK working time laws is in breach of European law, according to the top legal adviser to the European Court of Justice (ECJ).

In a case taken by broadcasting union BECTU on behalf of members on short-term contracts who get no holiday entitlement under UK law, the Advocate General said that the right to paid holidays is "unequivocally included among workers' fundamental rights". While national states can introduce legislation that sets out how holidays can be taken, they cannot bring in laws that deny the right to any groups of workers.

There is nothing in the European Union directive on working time, according to the Advocate General, that makes a distinction between permanent and temporary workers. He also said that the UK legislation operates in a way that encourages employers to offer temporary contracts in order to avoid giving paid holidays.

The case will now be heard by the ECJ, and although the opinion of the Advocate General is not legally binding, his opinion is more often than not followed.

The BECTU claim is being opposed by the UK government, which argues that the exclusion of temporary workers is necessary to encourage flexibility and to ensure that employers do not have to meet the cost of providing paid annual

leave.