openPR Logo
Press release

Expiration of holiday entitlements: BAG appeals to European Court of Justice

02-23-2017 09:30 AM CET | Politics, Law & Society

Press release from: GRP Rainer LLP

Expiration of holiday entitlements: BAG appeals to European

It is common for disputes to arise under employment law concerning compensation in lieu of holiday entitlements. According to German law, holidays that have not been taken expire at the end of the reference period.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: In principle, employees are entitled to a certain number of holidays per year. The issue of whether employees are entitled to compensation of lieu of this if they do not take full advantage of their right to apply for leave of absence is contentious.

According to German law, employees need to request leave of absence for holidays if this entitlement is not to expire without being replaced at the end of the reference period. The employer, on the other hand, is not obligated to set holidays for the employee of its own accord. Having said that, the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has raised the issue of whether European regulations preclude the application of this national rule and appealed to the Court of Justice of the European Union (CJEU) to clarify the matter.

The case in question concerns a worker who was employed for more than 12 years in total as a researcher on the basis of several fixed-term employment contracts. A few weeks before the employment relationship finally came to an end, the employer prompted the researcher to make use of his outstanding holiday entitlement. However, the latter only spent two days on vacation and asked his employer to cash out or compensate him for the remaining 51 holidays.

The courts of lower instance granted his claim for payment in lieu of holidays. The Bundesarbeitsgericht, on the other hand, expressed doubts, stating that according to German case law holiday entitlements expire at the end of the leave year. It went on to say that holiday entitlements generally lapse in the absence of grounds justifying their transfer pursuant to sec. 7 para. 3 sent. 2 of the Bundesurlaubsgesetz (BurlG), Germany’s Federal Holiday Act. Moreover, the employer is not obliged to grant leave of absence if no request for leave is made, or force the employee to go on holiday. The Court held that whether European law precludes the application of these rules under German law has yet to be clarified by the CJEU. The CJEU has since been called on to provide definitive clarity in relation to this issue.

When it comes to legal disputes relating to the workplace or drafting detailed employment contracts, lawyers who are experienced in the field of employment law can offer advice.

https://www.grprainer.com/en/legal-advice/employment-law.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Contact Michael Rainer
Lawyer, Managing Partner

GRP Rainer LLP
Gürzenich-Quartier
Augustinerstraße 10
50667 Cologne
Germany

Phone: +49 221-27 22 75-0
info@grprainer.com
www.grprainer.com/en

This release was published on openPR.

Permanent link to this press release:

Copy
Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.

You can edit or delete your press release Expiration of holiday entitlements: BAG appeals to European Court of Justice here

News-ID: 446829 • Views: 1965

More Releases from GRP Rainer LLP

GRP Rainer Rechtsanwälte – Experience in establishing companies
Choosing the right corporate form when establishing a company can contribute a great deal to the economic success of the business. We at the commercial law firm GRP Rainer Rechtsanwälte advise numerous businesses on company formation and takeovers as well as in the event of a change of partners or shareholders. In our experience, the partners or shareholders frequently neglect one critical point amidst all the euphoria: choosing the right corporate
OLG Köln: Will written with non-dominant hand valid
It is possible for a will to be valid even if it was written with the hand one does not normally write with. That was the verdict of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] in its ruling of August 3, 2017 (Az.: 2 Wx 149/17). In addition to preparing a notarized will, a testamentary disposition can also be handwritten. To this end, the will needs to be written
OLG Köln: Only serious misconduct justifies withdrawal from contract of inherit …
Apart from a will, it is also possible to prepare a contract of inheritance as a way of organizing one’s estate. It should be noted, however, that a contract of inheritance has a significantly stronger binding effect. In the absence of a will or contract of inheritance, the rules of intestate succession apply automatically following the death of the testator. If these run contrary to the testator’s wishes, a testamentary disposition
Commercial agent’s claim for compensation following voluntary termination
A commercial agent may even be entitled to compensation if he or she voluntarily issues notice of termination. However, the company’s conduct needs to give rise to legitimate grounds for termination for this to happen. When a commercial agency agreement is brought to an end, the commercial agent often has a right to compensation. This is because the company in a lot of cases continues to profit from the client contacts

All 5 Releases


More Releases for German

German Maritime Security 2018, German Government Statement!
Despite all international and national efforts, piracy remains a serious peril for the international shipping industry. Especially in Asia (i.e. Chittagong/Bangladesh or on the Strait of Malacca), but also in South America (e.g. Bay of Santos/Brazil or in the port of Callao/Peru) robbery or piracy there has recurred in the recent past. At the West African coast the number of incidents had raised even by 50% with 66 incidents this
More German Investments Mean More German Translations
Why Language Continues to be an Obstacle for Investing in Germany Germany is one of the prime markets for foreign investments, with an estimated 4% of global direct investment making its way into the country. In fact, the world’s second richest man, Warren Buffett, who is only beaten to the top spot on the financial leaderboard by Microsoft Founder Bill Gates, believes Germany to be a ‘great market’, and confirms the
German Design Award 2015
German Design Council Awards a Special Mention to the LR 1000 Laboratory Reactor and Nominates the Tube Mill Staufen, Germany, February 23, 2015 — For the second time, a device produced by IKA® Werke has received the "Special mention for exceptional design quality" award from the German Design Council. The company was presented with the award in the "Excellent Product Design — Industry" category as part of the German Design Award 2015
German Local Trade Tax
All the companies in Germany are liable to pay not only corporate income tax, whose rate is nowadays about 15% of the annual profit of the company, but also trade tax (Gewerbesteuer), which is a tax of German characteristics. Why would we say that trade tax is of German characteristics? Because it is different from the corporate income tax, which is charged by the German Federal Government and it is difficult
Integral Launches German Bureau
Integral Launches German Bureau Appoints Suchit Manchanda as the Head of Operations January 4, 2010: Germany: Integral Fusion, a leading software services firm, has launched operations in Germany and announced the appointment of Suchit Manchanda as their Managing Director. The German bureau will be responsible for strategic business development in European Union organizations and client servicing. Suchit a world class MBA from Hochschule Nürnberg, Germany and a Masters in IT from Jamia
ISPA – German Masters 2008
Magdeburg – Over the long weekend of the 4. Mai more than 1.000 Skat players filled the Mittelland hall in Barleben. The tournaments of the 30. German Mastery and the 27. open International German Single Mastership were held by the International Skat Players Association, ISPA Germany. Patrons of the Games were the 1st Barleber Skat sports club e.V. and the Skat club \"Burger Ihleskater\", whose good organization together with the