Press release Federal Labor Court of September 24, 2019
– 9 AZR 481/18
The Federal Labor Court's jurisdiction on vacation law has
been undergoing radical change for some time, based on the case law
of the Court of Justice of the European Union, whose understanding
of the entitlement to annual leave differs fundamentally from that
of the Federal Labor Court. Most recently, the Federal Labor Court
was therefore required several times to change its previous
jurisdiction on the scope of the entitlement to annual leave. This
was also the case in its decision of September 24, 2019– 9
AZR 481/18 – (see Federal Labor Court press release of the
same day), which dealt with the question of whether an employee
acquires entitlements to vacation in the block model during the
release from work phase in partial retirement, which are to be
compensated at the end of the employment relationship.