On November 6, 2018 the European Court of Justice (ECJ) passed judgment on two German cases (Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu [C-684/16] and Kreuziger v Land Berlin [C-619/16]) concerning untaken paid annual leave entitlement. The ECJ ruled that accrued annual leave entitlements cannot be automatically forfeited if the worker does not place a request for holiday, and also applies to compensation claims at the termination of employment. These entitlements only cease if the employer has given workers ample opportunity to take the leave in question on time.
German Employment Law Update | Holidays Without Borders? European Court of Justice Rules That Workers Cannot Automatically Lose Holiday Entitlement
By Dr. Gudrun Germakowski, Dr. Sandra Urban-Crell, Dr. Thomas Gennert and Volker Teigelkötter on December 13, 2018
Posted In Employment
Dr. Gudrun GermakowskiDr. Gudrun Germakowski advises on all individual and collective aspects of labor and employment law. She focuses her practice on counseling in the field of complex severance processes and in negotiating with employee representatives (works councils and unions) in individual and restructuring projects. Gudrun also concentrates on advising clients in relation to contract design, with a particular emphasis on international assignment of employees, as well as developing and implementing compensation systems and company car arrangements. Read Dr. Gudrun Germakowski's full bio.
Dr. Sandra Urban-CrellDr. Sandra Urban-Crell has vast experience across the spectrum of labor and employment law, having handled everything from day-to-day practical advice tailored to her national and international clients’ operational and commercial needs, to complex multi-jurisdictional transactions from strategic planning through post-merger integration. She regularly advises on co-determination matters on the company and board levels, and on outsourcing and restructurings, including negotiations with employee representatives. Sandra is an experienced litigator and has particular knowledge of international assignments, service agreements for board members, managing directors and executive employees (including separation processes), and bonus and benefit plans. Read Dr. Sandra Urban-Crell's full bio.
Dr. Thomas GennertDr. Thomas Gennert focuses his practice on labor and employment law. He advises clients on the entire field of individual and collective employment law, data-privacy law and compliance, and employment-related litigation as well as employment-related matters in mergers and acquisition transactions. He also advises managing directors and corporate bodies on negotiation and termination of service agreements and liability related matters. Read Dr. Thomas Gennert's full bio.
Volker TeigelkötterVolker Teigelkötter advises clients on the entire spectrum of German and European labor and employment law. Volker counsels clients on all types of staff-related measures in connection with reorganizations (e.g., redundancy programs, plant closures, relocations, outsourcing, collective dismissals), as well as on individual dismissals for various reasons (e.g., compelling business needs, misconduct, poor performance). This includes representing clients before labor courts and during negotiations with work councils and trade unions. In addition, Volker focuses on employment contracts for senior executives, as well as bonus and incentive schemes. Read Volker Teigelkötter's full bio.
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