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No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU Employment and Industrial Relations

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

 In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave.The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enable the worker to rest from…
Christine Calleja
12th November 2018
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No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU Employment and Industrial Relations

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

 In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave.The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enable the worker to rest from…
Christine Calleja
12th November 2018
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Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers Employment and Industrial Relations

Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers

On the 10th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein.The legal notice which is of primary and general interest is Legal Notice 271 of 2018 - The Annual Leave National Standard Order, which lays down minimum requirements related to the entitlement of annual leave in terms of the Organisation of Working Time Regulations. The Order answers many queries which are frequently asked by employers and employees alike and which so far have been subject to various interpretations and conclusions. Leave is to be used on days as agreed between…
Christine Calleja
17th August 2018
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Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers Employment and Industrial Relations

Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers

On the 10th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein.The legal notice which is of primary and general interest is Legal Notice 271 of 2018 - The Annual Leave National Standard Order, which lays down minimum requirements related to the entitlement of annual leave in terms of the Organisation of Working Time Regulations. The Order answers many queries which are frequently asked by employers and employees alike and which so far have been subject to various interpretations and conclusions. Leave is to be used on days as agreed between…
Christine Calleja
17th August 2018
Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Employees Beware of What You Post on Facebook! Employment and Industrial Relations

Employees Beware of What You Post on Facebook!

An employee of an Italian business posted a derogatory comment on Facebook about her employer, using her mobile phone, which read something along the lines of "I've had enough of this sh**** place", complaining about the ever-changing tasks being assigned to her. The owner of the business read the post and, after seeking legal advice, decided to terminate her employment. The woman quickly deleted the post and unfriended the owner of the business from her Facebook friends, after contesting her termination. Both the Tribunal and the Court of Appeal found in favour of the employer in that the dismissal was…
Christine Calleja
6th June 2018
Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
Employees Beware of What You Post on Facebook! Employment and Industrial Relations

Employees Beware of What You Post on Facebook!

An employee of an Italian business posted a derogatory comment on Facebook about her employer, using her mobile phone, which read something along the lines of "I've had enough of this sh**** place", complaining about the ever-changing tasks being assigned to her. The owner of the business read the post and, after seeking legal advice, decided to terminate her employment. The woman quickly deleted the post and unfriended the owner of the business from her Facebook friends, after contesting her termination. Both the Tribunal and the Court of Appeal found in favour of the employer in that the dismissal was…
Christine Calleja
6th June 2018