The ECJ has followed the Opinion of EU Advocate General Pitruzzella in ruling that, under the EU Charter of Fundamental Rights and the EU Working Time Directive, member states must require employers to set up an “objective, reliable and accessible” system for recording the actual number and distribution of hours worked by individual workers each … Read more
Employers may be able to pay in lieu of accrued but unused annual leave on termination only at the rate of pay applicable during the period the leave was accrued, rather than the rate applicable at the date of termination. This could give rise to savings where employees have accrued the leave while on unpaid … Read more
The Spanish Supreme Court has declared (in its decision dated 3 October 2012) that an employee on sick leave – when this occurs during his/her holidays or event before those holidays start – is entitled to benefit from his/her holiday period in full, even after the year in which that holiday period accrued. Act 3/2012 … Read more
The deadline for the European social partners to reach an agreement on proposed changes to EU working time rules has been extended from September to 31 December 2012. Read more
Act 3/2012, of 6 July, of urgent measures to reform the employment market was published in the Official State Journal on 7 July, following the passing of Royal Decree-Law 3/2012 as an ordinary law by the Spanish parliament. The main differences compared to Royal Decree-Law 3/2012 affect the following areas: Paid leave for professional training … Read more
The ECJ has confirmed that Member States can lawfully require carried over statutory holiday to be taken within the following 15 months or else be extinguished, agreeing with the opinion of its Advocate-General issued in the summer (KHS v Schulte, ECJ). Employers must hope that the Government chooses to use this option when amending the … Read more
