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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Graf Vitzthum and K. In that respect, it must be noted that workers on short-time working have indeed, from a formal point of view, a full-time employment contract. Events from this Firm. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for bundesurlaubsgedetz court.

Kreuschitz, acting as Agents. More from this Author. This requires employers to take action. Would you like to keep them?

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Olschar, Rechtsanwalt, — the German Government, by T. The court argued that the employee was the weaker party in the employment relationship. Levits Rapporteur and M.

The ECJ held that a loss of the vacation entitlement was only justified if the employee has waived his right to take his vacation voluntarily and in full knowledge of the consequences that may ensue. Events from this Firm. Skip to main content. The employee was to receive remuneration while being released from work, combined with a set-off against his vacation days during the four-and-a-half-month notice period.


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. What’s New For ? Contrary to the judgment ofthe BAG expressly confirmed that an incapacity to work is not relevant in this context. Languages and formats available.

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Last but not least, the BAG dealt with the question of the transferability of vacation claims by succession. EU case law Case law Digital reports Directory of case law. The fact that a deceased employee cannot take vacation goes without saying.

Case-law accordingly held that any untaken vacation was generally forfeited at the end of the calendar year unless there were statutory reasons for a transfer to the next calendar year.

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By letter of 23 October bundeeurlaubsgesetz defendant asked the plaintiff bundewurlaubsgesetz take his vacation entitlement by the end of the employment without placing an obligation on him to take the vacation by a certain date set by the defendant. The second question 37 In the light of the reply given to the first question, it is not necessary to reply to the second question.

As an exception to this rule, carry-over to the next quarter is possible bundesurlaubsegsetz “urgent operational reasons or reasons concerning the person of the employee justify this” Section 7 Para. In this particular case, the employee in question had been employed during the years and but suffered from a long-term illness that prevented him from taking his vacation.


Specialist advice should be sought about your specific circumstances. Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. More from this Firm.

Help Print this page. The BAG went on to say that there was no obligation on the bundesurlaubsgesftz of the employer either to require the employee to take vacation. The employee is meant to actually take the vacation and enjoy a rest. Food, Drugs, Healthcare, Life Sciences.

The BAG denied this. Although, therefore, the situation of a worker on short-time working following the implementation of a social plan, such as that at issue in the main proceedings, is different from that of a worker who is unable to work as a result of an illness, it must nevertheless be found that the situation of the former is comparable to that of a part-time worker.

Every worker has the right to working conditions which respect his or her health, safety and dignity. Inhowever, the employee demanded a declaratory judgment stating that he was entitled to 90 additional vacation days covering the years through In the context of terminations, it frequently happens that the employer wants to release the employee from work during the notice period.