Vacation compensation and ineffectiveness of an exclusion period regulation and quota clause
The case law on the effectiveness of exclusion period regulations is increasingly refined. The decision of the BAG once again makes it clear how carefully the employer has to act when designing exclusion period regulations and may not even be able to rely on current case law, provided that this has already been criticized in specialist circles. The employer is therefore well advised to always choose the safe way when designing.
Dirk Helge Laskawy and Peggy Lomb comment in the journal The following judgment: BAG, judgment of 05.07.2022 - 9 AZR 341/21
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