Tag archives: Annual leave

Comment faire face au Coronavirus en France?

Global Workplace InsiderBy Elodie Grangier on Posted in Coronavirus, Europe, France, General
Depuis le mois de janvier 2020, l’épidémie de Coronavirus COVID-19 s’est rapidement propagée à travers le monde, causant des milliers de décès. Le Gouvernement français a réagi en plusieurs temps : après avoir émis des recommandations en matière de gestes barrière, il a ensuite pris la décision de fermer écoles et établissements accueillant des enfants, puis … Continue reading

What to expect in 2019

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Contracts, Europe, General, UK
Following a Government-commissioned review of employment working practices in the UK which was published in 2017, a number of developments in employment law reform are expected over the coming months. The Government published its latest proposals in December, covering a number of areas for change, some intended to improve the enforcement of employment rights, some … Continue reading

FIFO worker engaged as a casual entitled to annual leave

Photo of Martin OsbornePhoto of Amy LeonardBy Martin Osborne and Amy Leonard on Posted in Asia Pacific, Australia
A FIFO worker who was purportedly engaged as a “casual” under an enterprise agreement has successfully claimed an entitlement to annual leave under both the National Employment Standards (NES) and the terms of the enterprise agreement. The full Federal Court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 opens the way for further … Continue reading

Will employers soon be under an obligation to require their employees to take holiday?

Photo of Cornelia MarquardtBy Cornelia Marquardt on Posted in Europe, Germany
Although pursuant to Sec. 7 para. 1 of the German Federal Leave Act (Bundesurlaubsgesetz) it is the employer‘s obligation to grant holidays, in practice this usually occurs only after the individual employee’s formal request for holiday leave. In the near future, the European Court of Justice (ECJ) must decide whether or not employers can – … Continue reading

Enforcement of the right to paid holiday under the UK Working Time Regulations ruled incompatible with the EU Directive

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Europe, UK
The Court of Justice of the European Union (ECJ) has ruled that the method of enforcement of the right to paid holiday in the UK Working Time Regulations (WTR) is incompatible with the EU Working Time Directive. This is because, if an employer refuses to pay a worker for a period of holiday, under the … Continue reading

Calculating holiday pay – should voluntary overtime be included?

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Europe, UK
Over the past few years we have seen a number of cases considering what payments should be included in the calculation of holiday pay. These cases have held that commission, contractual overtime and certain allowances should all be included.  The question has remained as to how voluntary overtime should be treated.  A recent employment tribunal … Continue reading

The occurrence of willful misconduct no longer constitutes an exception to the payment of the indemnity in lieu of paid leave in France

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
Under French employment law, there is a classic distinction between dismissals for “gross misconduct” (faute grave) and willful misconduct (faute lourde) regarding the consequences of such misconduct for the employee. Although in both cases the employee loses his/her entitlement to a notice period and to a dismissal indemnity, an employee dismissed for willful misconduct will also … Continue reading

Calculating payment for untaken annual leave

Photo of David CrossBy David Cross on Posted in Asia Pacific, Australia
The Federal Court has interpreted the statutory annual leave standard in a way which requires payment for untaken leave on termination of employment to be calculated on the most favourable basis. Somewhat unexpectedly, the relevant statutory prescription has to be read quite separately from the related sub-clause which regulates payment when the leave is actually … Continue reading

Employees’ right to holidays in France

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, 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 … Continue reading

A duvet day keeps the doctor away

Photo of Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in South Africa
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 … Continue reading

Statutory holiday pay must include commission

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Contracts, Europe, General, UK
This post was co-written by Lindsey Hooper,  Associate, Norton Rose Fulbright LLP (London) The European Court of Justice (the ECJ) has handed down a controversial and potentially costly judgment for employers, holding that commission payments should be taken into account for the purposes of calculating statutory holiday pay under Article 7 of the Working Time … Continue reading

Working Hours and Annual Leave in China

Global Workplace InsiderBy Grace Ye on Posted in Asia Pacific, China
Working Hours PRC law recognises three categories of working hour systems: (i) the Standard Working Hour System; (ii) the Flexible Working Hour System; and (iii) the Comprehensive Working Hour System.  Each system varies in its applicability to employment positions and industries within the PRC. The Standard Working Hour System provides that an employee may work … Continue reading

Uncertainty around pre-payment of annual leave

Global Workplace InsiderBy guestauthor on Posted in Australia
The legitimacy of paying an employee a loaded wage rate inclusive of a value for annual leave (meaning that any annual leave taken will then be unpaid), has been the subject of recent debate. On 29 November 2011, the Fair Work Commission (the FWC) handed down its decision in Mr Irving Warren; Hull-Moody Finishes Pty … Continue reading
LexBlog