Translation of "Nicht genommener urlaub" in English

The question was whether an employer must request and enable its employee to take vacation and under what conditions untaken vacation forfeits.

In this case, she was entitled to compensation for unused vacation.

Hearing the case, the Landesarbeitsgericht (Higher Labour Court, Germany) asks the Court of Justice whether national legislation or practice which provides that, if the employment relationship ends because of the worker’s death, the entitlement to paid annual leave is lost without giving rise to an allowance in lieu of outstanding leave is compatible with EU law.

Apart from regularly paid bonuses, all bonuses and payments which are not paid regularly should be included (13th or 14th month payments, holiday bonuses, profit sharing, allowances for leave not taken, etc).

The claim for vacation pay applicable to a certain year but not used in that year cannot be recorded in costs as a tax-deductible estimated liability.

The amendment cancels the rule under which any unused vacation could have become extinct.

An employee may transfer any unused leave to the following year, but it must be used by June 30.

On the level of the management of the paid-leaves, in this chemical factory, each year in work's council we peeled the balances of the vacation not taken of the previous year: the goal was simple.

Since the right to paid annual leave is a fundamental social right of the employee, as explained above, the CJEU ruled in relation thereto that EU law precludes the regulation pursuant to which the employee automatically loses the right to paid annual leave and thereby also the right to allowance in lieu of leave not taken only because he failed to apply for leave prior to the termination of employment relationship.

Other liabilities to employees are composed of unclaimed vacation entitlements, flexitime credits, obligations arising from pre-retirement part-time working arrangements and obligations arising from efficiency-improvement programs in prior periods.

Union law does not permit an employee to lose the days of vacation to which he is entitled automatically and, accordingly, his entitlement to financial compensation for the untaken vacation simply because he did not apply for vacation before the end of the employment relationship (or during the reference period).

After this compulsory period, the mother may return to work part-time if she wishes, or she can grant her unused leave to the father.

The only exception when pay for unused vacation time may be recorded as an estimated liability in compliance with accounting regulations is when a claim to compensation for a salary arises in favour of an employee in respect of unused vacation that will be paid in the subsequent accounting period.

For staff benefits related to pensions, allowances, sickness and long-term care insurance and untaken leave, the estimate as at 31 December 2004 was EUR 3 893.2m, compared with EUR 2 817.8m in 2003.

According to the SAC’s judgment, only such compensation for unused vacation time that will actually be reimbursed in the subsequent year in compliance with the Labour Code can be recorded as an estimated liability.

Against this backdrop, Mr. King is entitled to retroactive compensation for leave not taken, since the very beginning of his "collaboration" with Sash WW, because the employer must not profit from its decision to prevent the worker from taking vacation.

The indicator is based on several data sources, including the ECHP (see Box 2.3), the EU survey on income and living conditions, and national sources. For the calculation of gross earnings, all bonuses, whether or not regularly paid, are included (13th/14th month, holiday bonuses, pro«t-sharing, allowances for leave not taken, occasional commissions, etc.).