Tag Archives: holiday

UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals

The ECJ has agreed with the Advocate-General’s opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks’ statutory holiday entitlement indefinitely and be paid in lieu of the entire accrued untaken entitlement on … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Statutory holiday pay must take account of voluntary overtime

The EAT has upheld first instance tribunal decisions that the calculation of statutory holiday pay (for the 4 weeks’ EU-derived holiday) should reflect voluntary overtime, voluntary standby and voluntary call out payments, provided that the work has been undertaken with … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Gig economy- Taylor Review released

The Taylor Review of Modern Working Practices “Good Work” was published yesterday. It considers how technology platforms have impacted working practices and the rights of workers, and examines whether our current legislative and regulatory framework is fit for purpose. The … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK

South Korea: new government announces proposals to increase support for work-life balance

South Korea's new President Moon Jae-In has announced the Government's support for greater work-life balance for Korean employees, including proposals to curb Korea's notoriously long work days, broaden parental leave and ease the burden of childcare costs. Following President Moon … Continue reading

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Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights, Workplace Health and Safety

Europe: Statutory holiday pay claims- EU Advocate-General publishes opinion on workers denied paid holiday

The ECJ Advocate-General has given his opinion in King v The Sash Window Workshop that employers must make ‘adequate facilities’ (eg, contractual rights or administrative procedures) available to workers in order that they can take annual leave. If those facilities … Continue reading

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Filed under Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Statutory holiday pay claims – EAT upholds time limits

Employers will welcome a recent EAT ruling in relation to claims for statutory holiday pay, which must be brought within three months of the end of each 'series' of underpayments. The EAT treated as binding precedent an earlier EAT decision … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Working hours (including holiday, sick leave, overtime, rest breaks)

Indonesia: Religious Holidays Allowance

Last year the Ministry of Manpower issued an important regulation regarding religious holiday allowances, in the form of Minister of Manpower Regulation No. 6 of 2016 (Regulation 6/2016). Regulation 6/2016 revoked and replaced the previous regulation governing the issue, which … Continue reading

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Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Supreme Court refuses to hear statutory holiday pay case

The Supreme Court yesterday refused British Gas permission to appeal the Court of Appeal ruling that statutory holiday pay must include results-based commission (Lock v British Gas Trading). This provides employers with final confirmation that the calculation of pay for … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

Australia: Long service leave in Western Australia – significant decision

The decision of a Full Bench of the WAIRC in Baker Hughes Australia Pty Ltd v Venier [2016] WAIRC 00843 delivered on Wednesday, 26 October 2016 is significant for employers whose employees transfer between different entities in a corporate group. … Continue reading

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Filed under Jurisdiction: Australia, Working hours (including holiday, sick leave, overtime, rest breaks)

UK: Court of Appeal judgment in Lock confirms holiday pay must include results-based commission

This afternoon, the Court of Appeal released its judgment in the holiday pay case, British Gas Trading v Lock, dismissing the employer's appeal.  It confirmed that words can be read into the Working Time Regulations (to comply with EU law) to provide … Continue reading

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Filed under Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)