Newsletter Labour and Employment Law, 04/2014
Dear Madam or Sir,
this Newsletter reviews new rulings by the Federal Administrative Court on the ban on work on Sundays, which has also been reported in the press. As a result of the judgment, employees in certain sectors may no longer be permitted to work on Sundays and public holidays. We then discuss the judgment of the European Court of Justice on the inheritability of rights to annual leave. According to the European Court of Justice, an employee's right to annual leave does not terminate upon his death so that national legislation which provides otherwise is invalid.
In addition, we analyse decisions of the Federal Labour Court on Lufthansa's dress code and the question whether older employees - as in the case of the shoe manufacturer Birkenstock - may be allowed more leave than their younger colleagues. Finally, we consider two other interesting decisions handed down by the Federal Labour Court and the Higher Labor Court of Cologne.