CLIENT ALERT

Holidays Without Borders? European Court of Justice Rules That Workers Cannot Automatically Lose Holiday Entitlement

December 5, 2018

Read time: 2 min

Overview

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.

Read the full article in German here.

Authors

Dr. Thomas Gennert

Partner

Düsseldorf

Volker Teigelkötter

Partner

Düsseldorf

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