Precluding Time Spent on Holiday in Overtime Calculations Incompatible with Working Time DirectivePosted in : Commercial Law for Employers on 11 April 2022 Issues covered: Working Time; Annual Leave
Key Issues: Social Policy – Working Time – Annual Leave - Preliminary Ruling
Case: DS v Koch Personaldienstleistungen GmbH
Reference: Case C-514/20, CJEU (Seventh Chamber), 13 January 2022
Legislation: Directive 2003/88/EC
In German national law, the Manteltarifvertrag für Zeitarbeit (Framework Collective Agreement for temporary employment – “MTV”), contains, in paragraph 3.1, concerning ‘working hours’, the following passages:
‘3.1.1. The regular monthly working hours for a full-time employee shall be 151.67 hours.
3.1.2. The regular individual monthly working hours shall depend on the number of days worked. The monthly working hours shall be:
- 161 hours in a month comprising
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