Tag Archive: ECJ

ECJ Advocate General: Companies are obligated to record daily and weekly working hours

The advocate general of the European Court of Justice is of the opinion that the member states have to pass a law which obliges companies to record the daily and weekly working hours of their fulltime employees, who are not contractually obligated to work overtime hours and who are not mobile employees, employees of the …

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ECJ: Death of the employee does not cancel holiday compensation – this also applies to private employers

What happens to open holiday entitlements when the employee dies? It is clear that nobody else – not even the heirs – gets the holiday granted (as free time) . Nevertheless, European and German holiday law provide for compensation for untaken leave in special cases. However, this only occurs if it was not possible to …

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Employer’s financial risks in the event of not granting annual leave

I. Holiday right: Germany and Europe In principle, every employee is entitled to annual leave – as emphasized by German law as well as EU law (Art. 7 (1) and (2) directive 2003/88/EC. In addition, the holiday must be taken during the current year (sec. 7 (3) Federal leave Act (“Bundesurlaubsgesetz – BUrlG”). A transfer …

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Holidays in spite of being six feet under?

The ECJ (European Court of Justice) ruled on 12 June 2014 (docket number C-118/13) that employers are liable for claims of unpaid holiday pay when a member of staff dies in service. The case, which was brought before the ECJ by a German court, concerned a widow who claimed she was owed around 140 days …

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