It has again emerged from the decisions of the Federal Labour Court (BAG) that deadlines in the field of labour law which are partly very tight must be respected.
Cologne, NRW -- (SBWIRE) -- 02/28/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explain: In recent years, the BAG has stated that holiday entitlements can accrue even in the case of an employment relationship that has been dormant for many years. It is, however, important to note that these entitlements will already have lapsed 15 months after the end of the year of leave.
The Court of Justice of the European Union had already changed its jurisprudence on indefinite accumulations of holiday entitlements some time ago. Now, pursuant to its judgment of 7 August 2012 (9 AZR 353/10), the BAG is also of the same opinion. Holiday entitlement shall now lapse here as well 15 months after the end of the year of leave. An employee’s entitlement to paid vacation exists as per the Federal Holiday Act (Bundesurlaubsgesetztes (BUrlG)). According to the jurisprudence of the Federal Labour Court, this is also applicable if the employee is unable to work for the entire year of leave.
Legal actions brought by job applicants were dismissed by the BAG in March (8 AZR 160/11) and June (8 AZR 188/11) of last year, because the deadline for filing an action of two months following receipt of a rejection was not complied with. In addition, the tight deadline has also been confirmed on the European side.
In these judgments it has once again been demonstrated that adherence to partly very tight deadlines in the field of labour law, which apply to the assertion of claims, is often not observed.
Employees could be entitled to raise damages claims if the provisions of the AGG are infringed by an employer when rejecting applications. According to the court, dismissals ought to be contested with an order for protection against dismissal, yet only within a period of three weeks after their receipt in written form.
It is therefore advisable to have a lawyer active in labour law examine your legal possibilities so that existing claims are also able to be asserted within the prescribed period.
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