More than almost any other subject area, holiday law is shaped by European case law.
In the past, the European Court of Justice (ECJ) has already made sensational decisions on holiday law and rejected principles that were previously deeply rooted in German labour law.
This was also the case recently: the Federal Labour Court (Bundearbeitsgericht, BAG) further developed national holiday law following ECJ rulings in December 2022 (ruling of 20 December 2022 – 9 AZR 245/19; ruling of 20 December 2022 – 9 AZR 266/20) and January 2023 (ruling of 31 January 2023 – 9 AZR 456/20) in an interpretation that conforms to EU law.
In a very detailed article, Marie Mickeleit, attorney at our German member firm ALTENBURG, explains which obligations now apply to companies, what the consequences are if these obligations are violated and how the new rules can best be implemented.
This article was first published by our German member firm Altenburg on 27 April 2023. For questions on this topic or any other employment question, please contact one of our German representatives Stephan Altenburg or Nicolas Roggel.
