Changed principles for the formation of vacation provisions by ECJ judgment
With its judgment of January 20, 2009, the ECJ ends the BAG's longstanding legal practice for the time limit and transfer of the statutory vacation entitlement. Based on a submission of the LAG Düsseldorf and a British court, the ECJ dealt with the interpretation of the European Working Time Directive (2003/88/EC) in the "Schultz-Hoff" ( C-350/06 ) and "Stringer UA" ( C-520/06 ), in which the paid minimum vacation entitlement is also specified. The ECJ decided that the claim of an employee who, due to illness, is unable to take his vacation within a calendar year or until the end of the transmission period, continues to exist. The article shows the resulting consequences for the companies and gives an outlook on how to encounter these drastic legal consequences.
Business client care (BM) 2009/65f.
