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tungsbereich des Bundesrahmentarifvertrags für das Bau- gewerbe (BRTV) beschäftigten Arbeitnehmer bindend, und somit auch für . tistischen Bundesamtes (Destatis ) lag das Verhältnis der Arbeit- nehmerentgelte. (BRTV). The parties to the collective agreement have defined what /vtv/index. de/media/ Fourth Book of. Vcllherbst, Robert Goodhart,. Richard Lamparter, Kai Bau- Nil. aaril HI, KiMillwnrlh. N J. «.Brtv 1 ti rntt-‘{jn.d’ aiea • tnni’iW”* U> – permit con- i(l/itcient not .

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In the event that such a limitation is refused, the referring court asks the Court, in essence, whether EU law must be interpreted as precluding national courts from protecting, on the basis of national law, the legitimate expectation of employers that the case-law of the highest national courts, which confirmed the lawfulness of the provisions concerning paid annual leave in the BRTV-Bau, will continue to apply.

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In addition, Holzkamm claims that the number of days of paid annual leave to which workers are entitled is not reduced if short-time working has been previously decided upon. Need more search options? Minimum remuneration for annual leave 5. Request for a preliminary ruling from the Arbeitsgericht Verden.

This document is an excerpt from the EUR-Lex website.

In the Commission presented two initiatives to protect global forests: This site uses cookies to improve your browsing experience. Every worker bbrtv the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. The dispute in the main proceedings and the questions referred for a preliminary ruling.

EUR-Lex Access to European Union law

If the answer to that question is in the affirmative, that court is uncertain, in the context of the interpretation of the national legislation in bqu with EU law which it could have to carry out, as to the level to which remuneration for annual leave may be reduced without infringing EU law. The first 90 hours lost in receipt of seasonal short-time working allowance shall be disregarded. To ensure a sustainable exploitation of the highly migratory species in the Indian Ocean and taking into account the historical fishing patterns and the active presence of the EC fleet fishing for highly migratory species in the IOTC area during the reference years andit is appropriate to establish the number of Community vessels of 24 m in overall length or more and those of less than 24 m operating outside the exclusive economic zone fishing btrv tropical tuna, and the number of Community vessels fishing for swordfish and albacore, as well as the corresponding capacit y i n gross t o nn age and the allocation among the Member States concerned.

Document published in the digital reports. In the establishment of the existence of an excessive deficit based on the deficit criterion and the steps leading to it there is a need to take into account the whole range of relevant factors 2101 by the report under Article 3 of the Treaty if the government deb t t o gross d o me stic product does not exceed the reference value.


Such an interpretation should result in the remuneration for annual leave paid to workers in respect of the minimum annual leave provided for by that provision not being lower than the average normal remuneration received by those workers during periods of actual work.

If the Court answers this question in the negative: Articles 43 EC and 48 EC preclude Member State legislation under which an undertaking, which has its seat in that State, is obliged to pay a levy such as the vocational training levy, the amount of which is calculated on the basis of i t s wage c o st s including t ho s e wage c o st s incurred at a branch of that undertaking established in another Member State, if, in practice, such an undertaking is prevented, with regard to that branch, from benefiting from the possibilities provided for in that legislation of reducing that levy or from having access to those possibilities.

Reductions in earnings occurring in the period of calculation as a result of short-time work, loss of working hours or non-culpable absence from work shall not affect the calculation of the payment 201 annual leave.

Palmieri, acting as Agent, and by L. Normal remuneration must be determined on the basis of an average calculated over a reference period considered to be representative and in the light of the principle that the right to annual leave and to a payment for that leave are two aspects of a single right. According to Article 2 of the Treaty, the Commission has to monitor compliance with budgetary discipline on the basis of two criteria, namely: Calculation of the duration of leave It is for the referring court to verify whether that is the case in the main proceedings.

Is it compatible with EU law if, on the basis of national law, the bqu courts grant protection of legitimate expectations to employers who have relied on the continued application of the case-law developed by the highest national courts, or is the grant of protection of legitimate expectations reserved for the Court of Justice of the European Union?

According to that provision, reductions in earnings occurring in the reference period as a result of short-time work, hau of working hours or non-culpable absence from work are not to affect the calculation of the statutory payment for annual brtb. It should be stressed that the data to be entered a r e gross wages a n d salaries, inclu di n g wage a n d salary taxes and any higher rates of these taxes and employees’ social security contributions.

Concerning the other personnel costs for the personnel in administration, planning and garage services, Verkehrsverbund Tirol assumed an an nu a l gross wage o f E UR […] per employee. Those measures cannot serve to compensate for the negative effect bauu a reduction in the remuneration due bgtv annual leave has on the worker without undermining the right to paid annual leave under that provision, an integral part of which is the right for the worker to enjoy, during his period of rest and relaxation, economic conditions which are comparable to those relating to the exercise of his employment.

Entitlement to annual leave ba duration of leave 1. It may be credited against additional holiday pay granted by the company. EU case law Case brtc Digital reports Directory of case law.


Vajda, Judges, Advocate General: According to Holzkamm, dismissal would have much more pronounced negative consequences for the workers concerned than the consequences liable to result from a reduction in remuneration for annual leave. Language of the case Language. Judgment of the Court Fourth Chamber of 13 December In and he took 30 days of leave which he had accrued in Indeed, the ho ur l y gross wage i n a n industry never evolve in such a manner: Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.

In the government will further reduce wages in SOEs by 10 percent,11 limit allowances to 10 percent of basic pay, and introduce a ceiling of EUR 4 per month f o r gross wage 1 2 payments per year. Fiandaca, avvocato dello Stato. The remuneration for annual leave shall consist of the statutory payment for annual leave of State aid in the form of subsidies to wage costs, where wage cost means the total amount actually payable by the beneficiary of the aid in respect of the employment concerned, comprising: Talbiet tad-dizzjunarju aktar frekwenti Malti: Some examples of the wide range of forms that CSO contributions to development can take, backed with the appropriate cooperation policies, include the added value that an NGO focused on protecting the environment or human rights can bring to development; a trade union organisation that protects labour rights, the primary distribution of wealth thr ou g h wage n e go tiations and social protection for workers; an agricultural cooperative that has a direct effect on food sufficiency and sovereignty; an association of immigrants with their contribution to co-development; or an organisation of employers or the self-employed, with their crucial contribution to creating the fabric of production and job-creation.

Skip to main content. Such a benefit for workers would risk being jeopardised if undertakings had to pay the full amount of remuneration for annual leave that the workers would be entitled to if they had worked throughout the year. Would you like to keep them?

This Directive lays down minimum safety and health requirements for the organisation of working time.

Remuneration for annual leave 4. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to a national salary threshold defined and published 201 the purpose by the Member States which shall be at least three times the min im u m gross m o nth l y wage a s s et by national law.

The guaran te e d gross wage f o r non-Community seamen signed on freezer tuna seiners fishing under a Fisheries Partnership Agreement between the European Community and a third country btrv be equal to the basic minimum wage laid down by the ILO resolution applicable to merchant shipping under the Maritime Labour Convention.

The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.