Tag archives: Annual leave

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

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

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

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

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

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

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 … Continue reading

Statutory holiday pay must include commission

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

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

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
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