Employees’ rights to holiday are governed by the Federal Holiday with Pay Act (Bundesurlaubsgesetz) in Germany. Pursuant to this Act, employees who work six days per week are entitled to an annual minimum paid vacation of 24 working days. Employees with a five-day working week are entitled to a pro-rata vacation of 20 working days.
July 2014
Employees’ rights to holiday in Hong Kong
Hong Kong is often called the city where “East meets West”. One happy result of this conjunction is that Hong Kong employees become entitled to statutory Chinese and Western holidays.
Under the Employment Ordinance (Chapter 57 of the Laws of Hong Kong) employees in Hong Kong are entitled to 12 statutory holidays per…
Employees’ right to holidays in France
Under French law, all employees are granted a right to paid annual leave, which consists of a statutory minimum number of days subject to any more favourable provisions applicable under any collective bargaining agreement to which the employer (or the sector of business in which the employee is active) is party, the employer’s internal practices …
A duvet day keeps the doctor away
This article was written by Amelia Berman, an associate at Norton Rose Fulbright South Africa
While countries in the northern hemisphere are currently enjoying their long summer holidays, we South Africans are facing a cold (and unusually wet) winter wishing that we could borrow a practice from the United Kingdom and the United States and…
What holiday rights do employees have in the UK?
Before 1998, employees in the UK had no statutory right to holiday leave from work, paid or unpaid. Their rights to holiday were entirely dependent on the terms of their contract of employment. However, when the Working Time Regulations (WTR) came into force in October 1998, all that changed. Irrespective of what it said in…
Unlimited term for members of the works council – part two
As discussed in my post of 28 May 2014, the German Federal Labour Court was about to decide on a case where a member of the works council claimed against her employer for an employment unlimited in time after the expiration of her agreed fixed-term employment contract. The decision is now available.
The Federal…
Overspending on an employer-offered professional telephone package: salary deductions not permitted
The legal context
Under French law, an employee’s remuneration is protected and the ability of an employer to deduct amounts owed to it by an employee from such employee’s remuneration is quite limited.
At least in theory, the offsetting of an employee’s debts to his/her employer against the employee’s remuneration is possible provided that the…
Avoiding Blurred Lines Between Temporary Workers and Employees
Where agency workers are brought in for temporary assignments, a question may arise in unionized workplaces whether the temporary workers are employees of the company, or rather employees of the employment agency. If the agency workers are found to be employees of the company that has brought in the temporary workers, then the workers may…
Negotiating a severance payment: a lawyer’s paradise
An employer may be bound to an offer of financial compensation made to an employee in the negotiation of a severance payment, even though no agreement is reached with the employee. That is the outcome of a recent manifestly unreasonable dismissal procedure at the court of appeal in The Hague.
In the underlying case the …
Post-termination Evidence of Dishonesty Substantiates Just Cause
A recent decision in British Columbia has found post-termination evidence of just cause for dishonesty discovered in an investigation of an employee that occurred following his termination.
The plaintiff in this case was responsible for managing the company’s day-to-day finances and its administrative staff. The Plaintiff had 40 years of experience as an accountant and…