Germany

The German Federal Employment Court ruled on 6 May 2014 that an employee who is on unpaid leave continues to accumulate holiday leave. The fact that the employment relationship is inactive does not affect the holiday claim. The employer is generally not entitled to reduce the holiday accumulated during this time.

The German Federal Employment Court ruled on 18 September 2014 that an applicant can claim damages due to discrimination for her gender if the employer notes on the curriculum vitae that the applicant has a child in school. Such note on the curriculum vitae can be taken as an indicator for discrimination. Therefore, the employer […]

The employer is entitled to reduce the annual holiday of an employee for any full month of parental leave on a pro-rated basis (Sec. 17 para 1 Federal Parental Benefit and Parental Leave Act). For such reduction of the holiday claim, the employer must unilaterally inform the employee thereof. This does not require a specific […]

The German Federal Court of Employment ruled on 19 March 2014 that if an employee signs an employment contract, which is in the German language, the regulations of the employment contract are applicable even if the employee did not understand its content due to language problems. Please note that important documents (employment contract, amendments, written […]

On 12 June 2014, a German Employment District Court held that the employer is obligated to grant the employee his holiday claim – even in cases where the employee did not apply for any holiday. Otherwise, so the Employment Court held, the employer is obligated to pay damages to the employee, if the holiday cannot […]