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ARTICLE · 09 JANUARY 2013

Leave Entitlement Of Employees Working Short-Time

Since the ECJ emphasized in its decision of January 2009 on the Schultz-Hoff case that the employee’s claim to paid annual leave is an especially important principle of social law, the German law relating to the annual leave entitlement has increasingly been penetrated by European law requirements.

GermanyEmployment and HR

Since the ECJ emphasized in its decision of January 2009 on the Schultz-Hoff case that the employee's claim to paid annual leave is an especially important principle of social law, the German law relating to the annual leave entitlement has increasingly been penetrated by European law requirements. Besides the leave entitlement of employees suffering from long-term illness, on which the decisions in the Schultz-Hoff case and KHS/Schulte case were based, the Luxembourg-based judges rendered judgments on the leave entitlement of part-time employees in the "Tirol" judgment and on the leave entitlement of short-time employees in the most recent judgment of 8 November 2012 (case nos.: C-229/11 and C-230/11).

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