Tag archives: Annual leave

France implements new social measures to face the pandemic

The first COVID-19 cases appeared in France a few weeks ago and French people have been in lockdown since March 17. The repercussions of this pandemic are significant, and the Government has been authorized, by Emergency Act No. 2020-290 of 23 March 2020, to take measures through ordinances (which means that no debate is required before Parliament, and the ordinances are voted directly by the Council of Ministers).

Several ordinances on employment-related matters were adopted by the Council of Ministers on 27 March 2020, and published. A decree was also issued to extend the rules of reduction in activity (short-time … Continue Reading

Comment faire face au Coronavirus en France?

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 plus récemment a été ordonné le confinement généralisé de la population française et la fermeture de nombreux établissements jugés non indispensables, afin d’assurer la santé publique. Les dernières recommandations du Gouvernement pour les employeurs peuvent être consultées ici.

Dès lors, pour les entreprises ayant … Continue Reading

What to expect in 2019

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 to increase transparency and clarity of rights between employers and workers (including issues relating to employment status) and others to improve the rights of atypical workers. This post highlights some of the key areas for change.

Employment status

A key area for change is in … Continue Reading

FIFO worker engaged as a casual entitled to annual leave

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 claims by employees who are engaged as casuals but work regular and consistent hours.… Continue Reading

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

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 – as currently – wait for an employee’s holiday request before granting holiday or if they are legally obliged to require employees to take at least the statutory minimum holiday, in order to prevent the employee being able to carry forward unused holiday entitlement … Continue Reading

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 provisions of the WTR, the worker has to take the leave unpaid before he can bring a claim for payment. The ECJ considers that this denies workers an effective remedy for an employer’s failure to provide paid holiday. Furthermore where an employer refuses to pay … Continue Reading

Calculating holiday pay – should voluntary overtime be included?

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 decision has held that voluntary overtime should, depending on the facts, be included in the calculation of statutory holiday pay.

The case involved 56 claimants all of whom had various different elements of pay in their remuneration including contractual overtime, voluntary overtime, standby allowances, and … 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 be deprived of his/her indemnity in lieu of paid leave for his/her rights to annual leave accrued but non taken at the time of dismissal.

The logic underlying such distinction can be found in the fact that the willful misconduct implies … 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 taken.… 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 or any individual employment contract concluded by the employer with the relevant employee.

Employees’ entitlements to holidays

The right to annual leave is appreciated over a reference period running from 1st June of the previous year to 31th May of the current year and … 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 take a “duvet day”.

Duvet days are additional leave days afforded to employees by some employers in excess of their statutory minimum 15 working days’ annual leave.  This is also in excess of the statutory minimum sick leave entitlement (which is the equivalent of 30 … 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 their employment contract, all employees became entitled to minimum periods of paid annual leave irrespective of their length of service. The rest of this note examines the statutory right to leave. Anything in excess of this will be governed by the terms of the contract.… 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 Directive. As a result, employees may need to be paid elements of variable pay in addition to basic pay during a period of annual leave.

Article 7 of the Working Time Directive provides that workers are entitled to receive 4 weeks’ paid statutory minimum … 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 no more than 8 hours per day and, as such, working hours are capped at 40 hours per week. Any work that exceeds the maximum limit of 8 hours per day, or 40 hours per week, is considered overtime. In contrast, the Flexible Working Hour … 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 Ltd; Mr Romano Sidotti [2011] FWAFB 6709 (Hull-Moody). This decision was an appeal relating to the approval of an enterprise agreement. In upholding the appeal, a majority of the FWC held that the pre-payment of a loaded wage rate inclusive of annual … Continue Reading

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