Tag archives: holidays

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

La France face à la pandémie : les mesures sociales s’organisent

Le COVID-19 a fait son apparition en France il y a quelques semaines déjà et les Français sont confinés depuis le 17 mars dernier. Les répercussions de cette pandémie sont importantes, et le Gouvernement a été autorisé, par la loi n° 2020-290 du 23 mars 2020 d’urgence pour faire face à l’épidémie de covid-19, à prendre des mesures par voie d’ordonnance.

Plusieurs ordonnances ont été adoptées en Conseil des ministres le 27 mars 2020, et publiées au Journal Officiel, en matière sociale. Un décret est venu élargir les règles de l’activité partielle. De nouvelles ordonnances sont par ailleurs venues compléter … Continue Reading

France combats the pandemic

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 and the closure of many establishments deemed non-essential in order to protect public health. The Government’s latest recommendations for employers can be found here (available in French only).

Consequently, for companies operating in France, three types of employees can be distinguished (excluding sick employees, who … 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

Employers should be careful about terminating employment around the holidays

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 that are, as the Ontario Court of Appeal once described, “cold and brusque.”

If an employer’s conduct during a dismissal is unfair or unduly insensitive and leads to an employee’s mental suffering, that employer could be on the hook for paying the employee “aggravated” or … 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

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

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 Day for Truth and Reconciliation to honour Survivors, their families, and communities, and ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process.” The name and date of this new holiday has yet … Continue Reading

What rights does an employer have to suspend an employee in Germany?

Under German law, an employer can only suspend an employee in certain cases. One of the core obligations of the employment relationship is an obligation on the employer to provide the employee with relevant work to be performed. If it fails to do so without justification, it must nevertheless continue to pay the employee. Notwithstanding this, a mutual agreement to suspend the employee, whether paid or unpaid, is of course always possible.

Suspension without continued payment of remuneration

An employer may not suspend an employee without payment of salary unless it is explicitly provided for by law or in collective … 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

Human Rights and Independent Contractors in Ontario

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 with the application of a self-employed commission salesperson who worked under the supervision of a man who was the broker of record at the brokerage firm that the saleperson worked at. The salesperson alleged that she was harassed by the supervisor, beginning at a holiday … Continue Reading

How to calculate holiday pay in the UK – an update

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 position in the UK is that workers must receive their “normal remuneration” during periods of statutory holiday. This means that, depending on the regularity and permanency of such payments, certain allowances, commission and non-guaranteed compulsory overtime could form part of an employee’s … Continue Reading

Rechtsprechungsänderung: Keine Urlaubskürzung wegen Elternzeit nach Beendigung des Arbeitsverhältnisses

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 während des gesamten Kalenderjahres in Elternzeit war und dessen Arbeitsverhältnis nach Ablauf der Elternzeit endet, grundsätzlich einen Anspruch auf Abgeltung des vollen Jahresurlaubsanspruchs hat.

Nach der gesetzlichen Regelung (vgl. § 17 BEEG) darf ein Arbeitgeber den Erholungsurlaub aber um 1/12 für jeden vollen Monat der … Continue Reading

Dealing with end of year work parties

The onset of legal liability in the New Year, following a mishap at the end of year work party, is an unpleasant reality for employers.

Employers can leave themselves open to this liability because of misunderstandings about the extent of their powers and responsibilities.

The legal reality is that the end of year office function is part of the workplace. As a consequence the employer has legal responsibilities to employees who attend the event. The employer can be held financially liable if those responsibilities are not met. A further consequence is that the employer has the legal standing to regulate … Continue Reading

No work, no holiday?

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. Subsequently the employee claimed payment in lieu with regard to 15 unused vacation days for 2011. The German Federal Labour Court confirmed such claim.

The highest German labour court judges emphasized that employees in Germany are entitled to a statutory vacation claim of at least … Continue Reading

10 Things About Vacations and Holidays in Ontario Employers Should Know

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:

  1. Not all employees are entitled to vacation time. Student employees in work experience programs, police officers, elected officials, and those in religious or judicial offices are not entitled to vacation under the ESA.
  2. Employees who are covered by the ESA are eligible for a minimum
Continue Reading

Employees’ right to holiday in 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. Nevertheless, most companies grant a higher vacation entitlement, which normally varies between 25 and 30 days per year. Employees can claim their full vacation entitlement if the employment relationship has existed for a minimum of six months during the applicable vacation year. In case of … Continue Reading

Employees’ rights to holiday in Hong Kong

Hong Kong is often called the city where “East meets West”.  One happy result of this conjunction is that Hong Kong employees become entitled to statutory Chinese and Western holidays.

Under the Employment Ordinance (Chapter 57 of the Laws of Hong Kong) employees in Hong Kong are entitled to 12 statutory holidays per year:

  • The first day of January
  • Lunar New Year
  • Second day of Lunar New Year
  • Third day of Lunar New Year
  • Ching Ming Festival
  • Labour Day
  • Tuen Ng Festival
  • Hong Kong Special Administrative Region establishment day: the first day of July
  • The day following Chinese
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

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