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Employment and Industrial Relations

What Happens to Unused Vacation Leave?

In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled, as sole heirs, to demand from their spouses' previous employers an allowance in lieu of annual leave which had not been availed of by their spouses. The Court ruled that the worker's right to paid annual leave, which it emphasised constitutes an essential principle of EU social law, does not terminate upon his death. The reason for termination of the employment relationship is not relevant as regards the entitlement…
Christine Calleja
7th December 2018
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Employment and Industrial Relations

European Commission Proposals in the area of Employment Law

Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers and strengthening cooperation between national authorities in cross-border enforcement and inspections. Cooperation and exchange of information will be achieved by establishing national liaison officers from each Member State. The Authority will also have the task to provide mediation between national authorities in cases of disputes between Member States on the application of EU law concerning labour mobility. A legislative proposal was presented in March 2018 and it is…
Christine Calleja
21st November 2018
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Employment and Industrial Relations

European Commission Proposals in the area of Employment Law

Increased labour mobility within the European Union has led the European Commission to propose a European Labour Authority with the main objectives of ensuring easier access to information for individuals and employers and strengthening cooperation between national authorities in cross-border enforcement and inspections. Cooperation and exchange of information will be achieved by establishing national liaison officers from each Member State. The Authority will also have the task to provide mediation between national authorities in cases of disputes between Member States on the application of EU law concerning labour mobility. A legislative proposal was presented in March 2018 and it is…
Christine Calleja
21st November 2018
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Employment and Industrial Relations

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

 In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave.The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enable the worker to rest from…
Christine Calleja
12th November 2018
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Employment and Industrial Relations

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

 In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave.The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enable the worker to rest from…
Christine Calleja
12th November 2018
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Employment and Industrial Relations

Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers

On the 10th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein.The legal notice which is of primary and general interest is Legal Notice 271 of 2018 - The Annual Leave National Standard Order, which lays down minimum requirements related to the entitlement of annual leave in terms of the Organisation of Working Time Regulations. The Order answers many queries which are frequently asked by employers and employees alike and which so far have been subject to various interpretations and conclusions. Leave is to be used on days as agreed between…
Christine Calleja
17th August 2018