Tag archives: holidays

France combats the pandemic

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
Since January 2020, Coronavirus COVID-19 has spread rapidly around the world, causing massive disruption to business and everyday life as well as thousands of deaths. The French Government has reacted in several stages. After issuing recommendations for barrier measures, it decided to close schools and more recently, it ordered the general confinement of French people … Continue reading

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

Employers should be careful about terminating employment around the holidays

Photo of John SchudloBy John Schudlo on Posted in Canada
While it’s always important for employers to be professional when dismissing an employee, employers would be wise to exercise extra care if they have to let someone go during the holiday season. Canadian courts have long cautioned employers to avoid being unduly insensitive in the way they dismiss employees. Courts don’t look kindly on terminations … 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

Truth and Reconciliation: New Statutory Holiday Considered for Federally-regulated Workplaces

Photo of Stéphane EricksonBy Stéphane Erickson on Posted in Canada
The federal government has recently publicly announced that it plans to implement one of the 94 recommendations from the Truth and Reconciliation Commission of Canada’s 2015 report, Calls to Action, or in French, Appels à l’action, which calls “upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National … 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

Human Rights and Independent Contractors in Ontario

Photo of Gabriel GranatsteinBy Gabriel Granatstein on Posted in Canada, Discrimination and harassment
When working with independent contractors or the self-employed, companies should be aware that the Human Rights Code protections may still apply. A recent decision of the Human Rights Tribunal reiterates the fact that discrimination and harassment can be found “with respect to employment” even in the absence of a traditional employer-employee relationship. The decision dealt … Continue reading

How to calculate holiday pay in the UK – an update

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) and guestauthor on Posted in Europe, UK
This post was contributed by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London)  As mentioned in our briefing posted in December 2014 (Holiday Pay: Where are we now?), there has recently been litigation in the UK in relation to the correct calculation of holiday pay and the factors which should be taken into account. The current … Continue reading

Rechtsprechungsänderung: Keine Urlaubskürzung wegen Elternzeit nach Beendigung des Arbeitsverhältnisses

Global Workplace InsiderBy on Posted in Europe, Germany
Das Bundesarbeitsgericht änderte mit Urteil vom 19.05.2015 seine Rechtsprechung zur Kürzung von Urlaubsansprüchen, die während einer Elternzeit entstehen. Grundsätzlich entsteht auch während einer Elternzeit eines Arbeitnehmers ein Urlaubsanspruch. Endet das Arbeitsverhältnis nach Ablauf der Elternzeit, steht dem Arbeitnehmer ein Abgeltungsanspruch für den nicht genommenen Urlaub in Geld zu. Das bedeutet beispielsweise, dass der Arbeitnehmer, der … Continue reading

Holiday pay: where are we now?

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Europe, UK
Following a recent decision of the Employment Appeal Tribunal, employers now need to calculate holiday pay to include non-guaranteed compulsory overtime. For the latest advice from the London employment team on how to calculate holiday pay, please view our briefing.… Continue reading

No work, no holiday?

Global Workplace InsiderBy Andreas Reuther on Posted in Europe, Germany
The German Federal Labour Court recently ruled that the statutory holiday entitlement remains unaffected by an unpaid special leave. This might sound weird but indeed this means that going forward companies have to grant holidays/vacation even for sabbaticals. In the case the parties had agreed upon an unpaid special leave from January through September 2011. … Continue reading

10 Things About Vacations and Holidays in Ontario Employers Should Know

Global Workplace InsiderBy Michael Torrance on Posted in Canada, General
For the majority of employees, vacation time, vacation pay and public holidays will be set out in the terms of their employment contract. But such terms must be consistent with statutory minimum requirements set out under the Employment Standards Act, 2000 (ESA), in Ontario. Here are 10 things to keep in mind: Not all employees are entitled to vacation … Continue reading

Employees’ right to holiday in Germany

Photo of Daniela LoyBy Daniela Loy on Posted in Europe, Germany
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. … 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
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