BUrlG, Bundesurlaubsgesetz, Kommentar: Arnim Powietzka, Christian Rolf: BUrlG, Bundesurlaubsgesetz, Kommentar (German) Paperback – by Arnim . Germany Employment and HR Jones Day 31 Dec The German Federal Vacation Act (Bundesurlaubsgesetz; BUrlG) assumes the basic. 7 (3) Federal leave Act (“Bundesurlaubsgesetz – BUrlG”). for compensation in respect of the leave not granted to him from till

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The ECJ’s Decision The ECJ, by contrast, held that such automatic forfeiture of vacation bunsesurlaubsgesetz or vacation compensation entitlements without prior notification of the employee contravenes EU law.

The complaining employee in this case had been continuously incapable of working due to illness from through the middle ofat which time he returned to his duties. Bundesurlsubsgesetz ECJ, by contrast, held that such automatic forfeiture of vacation entitlements or vacation compensation entitlements without prior notification of the employee contravenes EU law. Had the employer clearly bundesurlaaubsgesetz the employee that the release from work covered any vacation claim, no further time would have been awarded.

With regard to part-time workers, the Court has provided clear indications as regards their right to paid annual leave.

Recent Developments In Vacation Law – Employment and HR – Germany

The Court has applied that rule to the grant of annual leave for a period of part-time employment, because for such a period, the reduction of annual leave by comparison to that granted for a period of full-time employment is justified on objective grounds. When the termination was subsequently held to be ineffective, the employee returned to work after the scheduled termination date. Transferability by Succession Last but not least, the BAG dealt with the question of the transferability of vacation claims by succession.


LIBOR is the most widely used reference rate in the financial markets and it may be discontinued after A further provision holds that if vacation cannot be taken due to the employee’s termination, financial compensation is to be paid Section 7 Para. The plaintiff only took two days’ vacation and requested compensation for 51 days of untaken vacation from and Following a series of rulings indicating that employees incapable of working due to illness could accumulate vacation claims to an unlimited extent, the court now appears to be accepting limits.

EUR-Lex Access to European Union law

Consequently, while employers can avoid charges of age discrimination by granting the same amount of vacation time to all employees, it may also be permissible to provide extra time to those in their 50s and 60s. Real Estate and Construction.

If, in the event of such transfer reason, the vacation was not taken in the subsequent first three calendar months, it expired without any obligation on the part of the employer to pay compensation in lieu.

The fact that a deceased employee cannot take vacation goes without saying.

As an exception to this rule, carry-over to the next quarter is possible if “urgent operational reasons or reasons concerning the person of the employee justify this” Section 7 Para. Energy and Natural Resources.

The purpose of that extension of the employment contracts was to give the workers concerned the opportunity of receiving, for the year following their dismissal, a financial allowance. Urlaubsentgelt nach Verringerung der Arbeitszeit im laufenden Kalenderjahr.

Skip to main content. Specialist advice should be sought about your specific circumstances. As Kaiser correctly points out in its written observations, the situation of a worker unable to work as a result of an illness, and that of a worker on short-time working, are fundamentally different.


Upon the expiration of the three-month carry-over period, the vacation bundesurlauhsgesetz unless a further exception occurs, i. In the meantime, the ECJ also passed guiding decisions on the total amount of vacation that can be accrued. Bundezurlaubsgesetz from this Author. The second question 37 In the light of the reply given to the first question, it is not necessary to reply to the second bundesurlsubsgesetz. On those grounds, the Court Fifth Chamber hereby rules: Nevertheless, the court recognized that additional vacation days might be justified for employees nearing retirement, since these workers usually have decreased resistance to fatigue, illness, and stress.

BUrlG, Bundesurlaubsgesetz, Kommentar: Arnim Powietzka, Christian Rolf: : Books

News About this Firm. As so often, documentation is key here because in case of a dispute the employer will have to prove that the reminder has been received by the employee.

Szpunar, acting as Agent, — the European Commission, by M. The Case The plaintiff worked for the defendant until 31 December However, it must be recalled that the Court has specified that this rule cannot be applied ex bundesurlaaubsgesetz to a right to annual leave accumulated during a period of full-time work. Although Brexit has been and remains top priority for the legislative draftsmen, the tribunals and courts have brought us significant employment and equalities legal developments.