Tag Archive: holiday

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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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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Vacation + vacation allowance has to be granted unconditionally

The Federal Labour Court (Bundesarbeitsgericht) ruled on February 10, 2015 (docket number: 9 AZR 455/13) that an employee’s claim for paid vacation can only be fulfilled either if the vacation allowance (Urlaubsgeld) is paid before the first vacation day or if the vacation allowance is promised unconditionally. With this judgement the Federal Labour Court changed …

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No double pay

When changing jobs and employers within the same calendar year, an employee is not entitled to double the number of paid days of vacation, as recently confirmed and specified by a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated December 16, 2014 (docket number 9 AZR 295/13). With regard to sec. 6 para. 1 …

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Additional vacation for older employees remains possible

In a judgment dated October 21, 2014 (docket number: 9 AZR 956/12) the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that an employer may grant older employees additional vacation days. In the case at hand, the employer, a shoe manufacturer, granted employees who worked in the production department 36 days of vacation per year after reaching …

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Grant it or else …

According to a recent judgment of the Higher Labour Court of Berlin-Brandenburg (Landesarbeitsgericht, LAG), employers are obliged to grant annual vacation, breaks and rest periods as required by the law on their own without prompting (judgment dated June 12, 2014, docket number: 21 Sa 221/14). If an employer fails to grant the annual vacation entitlement …

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What happens to accumulated vacation entitlements when switching from full to part-time work?

On June 11, 2014 the Higher Labour Court of Lower Saxony (Landesarbeitsgericht – LAG) dealt with the disadvantageous recalculation of unused accrued annual vacation when switching from full-time to part-time work. In accordance with a recent decision by the European Court of Justice (ECJ), the court held that when employees change their working hours from …

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The heat is on….are employees entitled to “Hitzefrei”?

The temperature in Germany has been above 25 °C (77°F) for the past few weeks and many employees might wonder whether they are entitled to a day off due to the excessive heat (“hitzefrei” as it is called in Germany). According to Sec. 3 of the Labour Protection Act (Arbeitsschutzgesetz, ArbSchG), the employer is obligated …

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