the employee may not lose their entitlements to paid annual leave automatically, because he has not requested any leave. This was decided by the European court of justice (ECJ). Also the heirs of a deceased employee of the former employer can demand a financial compensation if the latter has not taken his paid annual leave.
Two German courts had referred their cases to the ECJ. They wanted to know, among other things, whether financial compensation may be made for leave not taken depending on whether the Affected person has submitted a leave request. In addition, the ECJ should clarify whether employers may require their employees to apply for leave, so he forfeited. According to German law, the entitlement to paid annual leave lapses, actually, usually at the end of the year, if the employee has previously made any application for leave.
the Background of several cases (cases C-569/16, C-570/16, C-619/16 and C-684/16). An important ECJ expert had already argued in may for strong workers ‘ rights. This evaluation is for the ECJ judges are not binding, but they follow you often. About the cases themselves must ultimately judge the German courts.
one case In particular comes to the complaints of two widows. They are demanding compensation for paid annual leave that had not taken their husbands before their death. The Federal labour court asked the ECJ, among other things, whether the heirs are entitled to these payments in accordance with EU law, although national law excludes this.
in Addition, there are two more cases from Germany. A former law clerk of the state of Berlin had decided to apply for the last five months of his traineeship, not a vacation. Before the higher administrative court of Berlin-Brandenburg, it calls for financial compensation. His employer, however, argued that he had not been prevented from taking the holiday. A former employee of the Max Planck society also calls for a payout for 51 days of leave not taken in two years. This was refused, because he had not requested the holiday in spite of request.
holidays can be just under certain circumstances
The ECJ explained in its judgment that the right to holiday is allowed to expire in accordance with EU law only if the employer can prove that he informed his employees adequately and in the position to take the leave will be forfeited.
Of workers was in proportion to the head, the weaker party, it said. Therefore, he could not be deterred, to insist on his right to Leave. The employer is able to prove, however, that the employee did not voluntarily should forfeit the entitlement to leave or a payment in compensation under EU law. This is true for both public as well as private employers.