Unexpected developments in case law
Vacation law and overtime hours
In the past ten years, no stone was left standing in German vacation law; this was ensured collaboratively by CJEU and BAG (the German Federal Labor Court). Certainties, having been true for decades, have been reversed. Starting with the new regulations regarding the lapse of vacation in the event of sickness, to the abandonment of the “surrogate” theory, which inevitably needed to be followed by the inheritance of vacation entitlements, through to the last coup: the employer’s duty to give notice. Precisely this ruling will lead to an enormous administrative burden on the part of the...
