Length of service and additional annual leave - Can service in other member states be discounted?Posted in : Commercial Law for Employers on 14 May 2019
In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the CJEU case of Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH v EurothermenResort Bad Schallerbach GmbH C-437/17.
Austrian national law confers an additional sixth week of annual leave on workers who have achieved 25 years of professional experience in Austria. In this case the CJEU had to consider whether Austrian national legislation, which limited service gained with other employers in other member states to a maximum of 5 years, was indirectly discriminatory on the grounds
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