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.
Dr. Thomas Gennert focuses his practice on labor and employment law. He advises clients on the entire field of individual and collective employment law, data-privacy law and compliance, and employment-related litigation as well as employment-related matters in mergers and acquisition transactions. He also advises managing directors and corporate bodies on negotiation and termination of service agreements and liability related matters. Read Dr. Thomas Gennert's full bio.
More companies are considering paying their employees in tokens such as Bitcoin. The Japanese GMO group and the German Digitalmagazin t3n, for example, have announced that they plan to pay their employees in Bitcoin. This trend gives rise to the question: Are there restrictions under German employment law that companies must take into account?
On May 25, 2016, the German Federal Labor Court confirmed a decision of the State Labor Court Berlin-Brandenburg (reference number: 5 AZR 135/16) regarding the statutory minimum wage in Germany. The German Federal Labor court confirmed that, under certain conditions, vacation and Christmas bonuses may also be considered when determining if an employer pays his employees the statutory minimum wage in Germany. This was the first time that the German Federal Labor Court had considered this issue. Continue Reading German Statutory Minimum Wage May Include Vacation and Christmas Bonuses