Precluding Time Spent on Holiday in Overtime Calculations Incompatible with Working Time Directive

Posted in : Commercial Law for Employers on 11 April 2022
Kevin McVeigh
Elliott Duffy Garrett
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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This article is correct at 11/04/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email

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