July 2014

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.

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

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

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

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

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

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