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ARTICLE · 22 NOVEMBER 2019

No Vacation In The Passive Phase In Partial Retirement

This would be desirable in view of the fact that it would significantly simplify the handling of cancelation agreements with consensual phases of release from work.

GermanyEmployment and HR

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.

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