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Case C-426/20: Judgment of the Court (Sixth Chamber) of 12 May 2022 (request for a preliminary ruling from the Tribunal Judicial da Comarca de Braga — Juízo do Trabalho de Barcelos — Portugal) — GD, ES v Luso Temp — Empresa de Trabalho Temporário SA (Reference for a preliminary ruling — Social policy — Directive 2008/104/EC — Temporary agency work — Article 5(1) — Principle of equal treatment — Article 3(1)(f) — Concept of ‘basic working and employment conditions of temporary agency workers’ — Compensation for paid annual leave not taken and the corresponding holiday bonus in the event of termination of the employment relationship)
ECLI:EU:UNKNOWN:62020CA0426
62020CA0426
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Official Journal of the European Union
C 257/5
(Case C-426/20) (*)
(Reference for a preliminary ruling - Social policy - Directive 2008/104/EC - Temporary agency work - Article 5(1) - Principle of equal treatment - Article 3(1)(f) - Concept of ‘basic working and employment conditions of temporary agency workers’ - Compensation for paid annual leave not taken and the corresponding holiday bonus in the event of termination of the employment relationship)
(2022/C 257/06)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicants: GD, ES
Defendant: Luso Temp — Empresa de Trabalho Temporário SA
Operative part of the judgment
The first subparagraph of Article 5(1) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, read in conjunction with Article 3(1)(f) thereof, must be interpreted as precluding national legislation under which the compensation to which temporary agency workers are entitled in the event of termination of their employment relationship with a user undertaking, in respect of paid annual leave not taken and the corresponding holiday bonus, is less than the compensation to which those workers would be entitled, in the same situation and on the same basis, if they had been recruited directly by that user undertaking to occupy the same post for the same period.
(*)
Language of the case: Portuguese
(2022/C 257/06)
* * *
(*) Language of the case: Portuguese