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According to the ECJ General Counsel, an employer is not required to pay all employees, regardless of their religion, a holiday allowance on Good Friday. The guarantee of a paid leave only for members of four churches in Austria is discrimination, this regulation should not be applied, asked the Advocate General Wednesday.
Background to the Complaint (C-193/17) is the regulation in Austria, according to which Good Friday is only a public holiday for members of the Protestant churches AB and HB, of the 39 Old Catholic Church and the Methodist Evangelical Church. Only members of these churches are entitled to a leave allowance if they work on Good Friday
The Supreme Court asks the European Court of Justice whether it is compatible with the prohibition of discrimination under of EU law. An employee who is not a member of any of these churches has brought an action in Austria to obtain a holiday pay.
Attorney General Guaranteed leave with pay to members of the four churches – they are working today – constitutes discrimination based on religion for which there seems to be no valid justification. Austrian legislation must be left unanswered, concludes the Advocate General with regard to the legal consequences. In any case, under European Union law, a private employer is not required to pay the holiday pay, in addition to the normal wage, to anyone working on Good Friday, whatever whatever his religion. However, EU law requires an effective remedy that may include the possibility of bringing an action for damages against the state of the EU.
The Court of the EU is not bound by the opinion of the Advocate General. However, in four out of five cases, EU judges generally do the same in their sentences.
(APA)
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