Category Archive: Holidays

Bogus self-employment – right to paid leave without any time limit?

According to the Advocate General’s opinion to the European Court of Justice (dated 8 June 2017, C-214/16, C. King v The Sash Window Workshop Ltd and Richard Dollar) the right to paid holiday carries over until the worker has an opportunity to exercise his right to paid leave. On termination of the employment relationship, the …

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Problems of holiday calculation when changing working days

The Federal Labour Court of Germany (Bundesarbeitsgericht) ruled on 24 February 2017 (docket number 9 AZR 7/16)  how to calculate  annual  holiday when an employee changes from a part-time to a full-time job. Calculating the number of days’ holiday after an increase or decrease in working days is one of the most complicated topics in …

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Employer versus heirs: liability for holiday entitlements

The Higher Labour Court Cologne (Landesarbeitsgericht, LAG) ruled on 14 September 2016 (docket number 8 Sa 324/16) that holiday entitlements do not extinguish if the employment relationship ends by reason of the worker’s death. The heirs can claim all outstanding leave benefits not depending on whether the claim for allowance in lieu existed at the …

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Continued remuneration during outpatient care

On 25 May 2016 the Federal Labour Court (Bundesarbeitsgericht, docket number 5 AZR 298/15) ruled that employees on statutory insurance have a claim against their employer for continued remuneration during preventative outpatient care, if it is carried out with the approval of the social service provider in a facility for medical prevention or rehabilitation within …

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Employees aged 50 years or older may not generally be granted extra holiday for recuperation

A clause in a collective bargaining agreement according to which employees aged 50 years or older are granted extra holiday per year is invalid. This was decided by the Federal Labour Court (Bundesarbeitsgericht, BAG) on 12 April 2016 (docket number 9 AZR 659/14). In the case at hand, the applicable collective bargaining agreements awarded three …

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No full leave entitlement where employment commences halfway through the year

If an employment relationship commences with effect from 1 July in a particular year, an employee is only entitled to pro-rated leave entitlement for this year, the Federal Labour Court (Bundesarbeitsgericht, BAG) decided on 17 November 2015 (docket no. 9 AZR 179/15). In the present case, an employee sued his former employer to claim compensation …

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Restrictions on curtailing vacation for parental leave periods

The Federal Labor Court (Bundesarbeitsgericht) ruled on 19 May 2015 (docket number: 9 AZR 725/13) that an employer is not allowed to curtail the employees vacation entitlement due to parental leave once the employment relationship has ended. In general, the employer is allowed to curtail the employee’s vacation entitlement for the calendar year by one …

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Partial claim to statutory vacation with a start date on 1 July

If an employment relationships starts on 1 July and lasts through 31 December of that year, the employee will only be entitled to a partial claim to statutory vacation according to a judgment by the Hamm Higher Regional Labour Court (Landesarbeitsgericht, LAG; judgment dated February 19, 2015, docket number 16 Sa 1207/14). In the case …

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There is no way around it

As the nationwide statutory minimum wage of EUR 8.50 has been in force for a good two months now, the first court cases dealing with minimum wage issues start rolling in. According to a recent decision by the Berlin labour court (Arbeitsgericht Berlin, ArbG), additional vacation pay and annual additional payments will not count towards …

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No reduction of holiday entitlement when switching from full to part-time

The Federal Labour Court (Bundesarbeitsgericht, BAG) has strengthened the holiday entitlement of part-time workers in a judgment of February 10, 2015 (10 AZR 453/13). The judges decided that the proportionate reduction of vacation days when switching from a full-time job to a part-time job is unlawful.  The dispute concerned a public service employee of the …

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