Tag archives: working time regulations

Governments response on Retained EU Employment Law

By Amanda Sanders (UK) and Joanna MacKenzie on November 17, 2023 Posted in General, UK

On 8 November 2023 the UK government published its response to its May 2023 consultation paper on “Retained EU Employment Law” (the Response). This covered three areas: (i) record keeping requirements under the Working Time Regulations (WTR 1998); (ii) simplifying annual leave and holiday pay calculations in the WTR 1998; and (iii) consultation requirements under … Continue reading

What next for UK Employment law?

By Safwan Afridi on May 18, 2023 Posted in Europe, General, UK

The European Union (Withdrawal) Act 2018 preserved a number of EU laws in UK statute as Retained EU Law (REUL). The Retained EU Law (Revocation and Reform) Bill (REUL Bill) was introduced to amend, remove and replace the REULs that the UK government deemed to be unsuitable and replace them with bespoke UK provisions. The … Continue reading

Germany – What to expect in 2023

By Claudia Posluschny and Frank Weberndörfer on January 23, 2023 Posted in Europe, General, Germany

German employment law will introduce numerous innovations and planned changes in 2023 that HR managers should be aware of. New legislation enters into force A number of new regulations have been in force since 1 January 2023. For example, employees with statutory health insurance will no longer have to submit a certificate of incapacity for … Continue reading

Obligation to record working time

By Frank Weberndörfer and Claudia Posluschny on September 15, 2022 Posted in Contracts, Europe, General, Germany

The German Federal Labor Court (BAG) has surprisingly ruled (BAG, 13.09.2022 – 1 ABR 22/21) that employers are legally required to record not only overtime and Sunday work, but all of their employees’ working hours.… Continue reading

Verpflichtung zur Arbeitszeiterfassung

By Frank Weberndörfer and Claudia Posluschny on September 15, 2022 Posted in Germany

Das Bundesarbeitsgericht (BAG) hat überraschend entschieden (13.09.2022 – 1 ABR 22/21), dass Arbeitgeber gesetzlich verpflichtet sind, nicht nur Überstunden und Sonntagsarbeit, sondern die gesamte Arbeitszeit ihrer Arbeitnehmer aufzuzeichnen.… Continue reading

Employment Appeal Tribunal rules on carry over of holiday pay.

By Amanda Sanders (UK) on March 23, 2021 Posted in Contracts, UK

The Employment Appeal Tribunal (EAT) has handed down its judgement looking at a workers right to claim holiday pay. The claimant, Mr. Smith, worked for the respondent, Pimlico Plumbers between 2005 and 2011, and was considered throughout the six year period to be self-employed independent contractor. As such, he had no entitlement to paid annual … Continue reading

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

By Claire Darbourne (UK) on November 29, 2017 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