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Newsletter October, 2022

European Court of Justice (ECJ): The right to leave is not time-barred if the employee has not been put in a position to take it

October, 2022
  • On 22 September 2022, the European Court of Justice (ECJ) rendered an important judgment on an employee's right to paid leave.
  • It stated that the right to annual leave cannot expire without enabling the worker to exercise that right.
Newsletter July, 2022

Germany: a new law implements the Working Conditions Directive

July, 2022
  • On 23 June 2022, the German parliament passed a bill to implement the Working Conditions Directive (EU) 2019/1152 into German law. 
  • The German Bundestag passed the draft law (BT-Drs. 20/163620/2245) in the committee version (20/2392). If Bundesrat passes it without any objections, the new law will come into force as of 1 August 2022. 

Staffing Executive Regulatory Outlook 2022

July, 2022
  • The last edition of the Staffing Executive Regulatory Outlook (SERO) presents the result of a survey to executives of staffing national federations around the world on the probability and potential impact of regulatory changes in the industry within the next six months.
  • In India, Italy and Mexico, the provisions are that regulation changes for staffing industry will have an overall strong and positive impact on the sector, while Belgium, Norway, Germany and Sweden are expected to have the most negative impact.
Newsletter June, 2022

Germany: Federal Labour Court on the Burden of Proof in Litigation regarding Remuneration for Overtime

June, 2022
  • The Federal Labour Court on 4 May 2022 confirmed that in overtime proceedings, according to the German Law, employees must prove not only that they have worked overtime, but also that this has been ordered or at least approved by the employer.
Newsletter May, 2022

Randstad Workmonitor 2022: a new era in the #howwework revolution

May, 2022
  • Randstad published the Workmonitor 2022, the first full survey of 2022 that addresses issues such as job flexibility, work life balance, personal and professional growth and corporate social responsibilities (CSR) in the context of the recovery from the pandemic.
  • The survey was conducted between 21 February and 13 March 2022 in more than 30 countries worldwide.
Newsletter March, 2022

European Commission takes action on the transposition of the Whistleblower Protection Directive

March, 2022
  • Most of European Member States failed to transpose the EU Whistleblowing Directive within the established deadline of December 2021.
  • European Commission already sent a formal notice to 24 Members for the lack of transposition and to Sweden and Portugal for their delay in the application.

Germany: a case of occupational accident while working from home

March, 2022
  • On 8 December 2021, the Federal Social Court stated that an employee who falls on his way, from bed to the home office for the first time in the morning, is protected by the statutory accident insurance.
Newsletter February, 2022

CJUE: hours during the holiday period are counted as working time for overtime purposes

February, 2022
  • On 13 January 2022 in case No. C-514/20, the Court of Justice of the European Union (CJEU) provided a clarification on the inclusion of paid annual leave in the calculation of the volume of hours worked entitling to overtime pay.
  • It stated that, to determine whether the threshold of hours worked entitling the employee to an overtime bonus has been reached, the hours corresponding to the period of paid annual leave taken by the employee must be considered as hours worked.

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