ECJ 8 November 2012, joined cases C-229/11 and 230/11 (Alexander Heimann – v – Kaiser GmbH) and C-230/11 (Konstantin Toltschin – v – Kaiser GmbH), Working time and leave, Paid leave

In  2009,  Kaiser,  a  sub-contracting  business  in ...

2013/12 Average bonus and employer’s contribution to pension scheme count towards calculating compensation for unused paid leave (NL)

Upon termination of his employment in 2011, the plaintiff was compensated for unused paid leave by multiplying the number of unused days of leave by his daily base salary. This was incompatible with the ECJ’s ruling in Williams. The plaintiff’s former employer was ordered to pay him additional compensation because it should have included his average bonus for the years from 2005 to 2010 as well as the employer’s contribution to his pension scheme in its calculation of paid leave.

2013/12 Average bonus and employer’s contribution to pension scheme count towards calculating compensation for unused paid leave (NL)

Upon termination of his employment in 2011, the plaintiff was compensated for unused paid leave by multiplying the number of unused days of leave by his daily base salary. This was incompatible with the ECJ’s ruling in Williams. The plaintiff’s former employer was ordered to pay him additional compensation because it should have included his average bonus for the years from 2005 to 2010 as well as the employer’s contribution to his pension scheme in its calculation of paid leave.

ECJ 21 June 2012, case C-78/11 (Asociación Nacional de Grandes Empresas de Distribución (ANGED) - v - Federación de Asociaciones Sindicales (FASGA) et. al.), Working time and leave, Paid leave

Several Spanish trade unions, including FASGA, filed a collective suit against ANGED, a Spanish...

ECJ 21 June 2012, case C-78/11 (Asociación Nacional de Grandes Empresas de Distribución (ANGED) - v - Federación de Asociaciones Sindicales (FASGA) et. al.), Working time and leave, Paid leave

Several Spanish trade unions, including FASGA, filed a collective suit against ANGED, a Spanish...

2013/9 Under what conditions does Schultz- Hoff/Neidel not apply to extra- statutory paid leave? (GE)

Provisions in a collective agreement that cause an employee to forfeit paid leave exceeding the statutory minimum in case of illness, are valid.

2013/9 Under what conditions does Schultz- Hoff/Neidel not apply to extra- statutory paid leave? (GE)

Provisions in a collective agreement that cause an employee to forfeit paid leave exceeding the statutory minimum in case of illness, are valid.

ECJ (Grand Chamber) 3 May 2012, case 337/10 (Georg Neidel - v - Stadt Frankfurt am Main), Working time and leave, Paid leave

Mr Neidel was a public servant in Frankfurt am Main. He held the positions of fireman and,...

ECJ (Grand Chamber) 3 May 2012, case 337/10 (Georg Neidel - v - Stadt Frankfurt am Main), Working time and leave, Paid leave

Mr Neidel was a public servant in Frankfurt am Main. He held the positions of fireman and,...

2012/57 Paid leave does not accrue during parental leave (AT)

Under Austrian law, no entitlement to paid annual leave accrues during (unpaid) parental leave. The Supreme Court applies this law strictly, unfortunately without addressing potential friction with EU law.