Tag Archive: ECJ

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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