- Labour Law: Failure To Observe A Deadline Can Lead To Dismissal Of The Claim
- June 26, 2013
- Law Firm: GRP Rainer LLP - Office
- It has been confirmed again and again in the jurisprudence of the Federal Labour Court (BAG) that the potentially very tight deadlines in labour law must be imperatively adhered to.
GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explain: In a new decision of the BAG, it was established in recent years that holiday entitlements can also arise in an employment relationship that has been suspended for many years. However, such claims can potentially lapse after 15 months from the end of the vacation year.
As regards this subject matter, a change has already been brought about some time ago through the jurisprudence of the Court of Justice of the European Union (CJEU). The BAG has now followed this opinion in its judgment of 7 August 2012 (9 AZR 353/10). Any holiday entitlements are now supposed to lapse 15 months from the end of the vacation year here as well.
The relevant rules with respect to the employee’s claims to paid vacation are those found in the German Federal Leave Act (Bundesurlaubsgesetz (BUrlG)).
That there can be no tolerance leeway with regard to elapsed deadlines was made clear by the BAG in several rulings in which it dismissed the claim due to the elapsed deadline, such as one in March (8 AZR 160/11) and June (8 AZR 188/11) 2012.
Additionally, according to the General Equal Treatment Act (AGG), damages claims ought to be enforced within two months if they are based on the principle of discrimination. The brief deadline is thus also approved at a European level.
If employees want to assert damages claims based on a breach of the provisions of the AGG by the employer in the context of applications being rejected, this generally requires immediate action. According to the Court, dismissals are to be appealed against with an action for dismissal protection, yet this must take place within a period of three weeks following their receipt in writing.
In order to be able to enforce existing claims in due time, it is advisable to have a lawyer active in the field of labour law examine all legal possibilities.