Wednesday, October 22, 2014

Germany: Court Rules that Older Workers May Be Given More Vacation Time than Younger Workers

Germany's Federal Labor Court has issued a ruling that allows an employer of older workers to give more vacation days annually than the younger ones, finding that this difference in treatment on grounds of age can, from the viewpoint of protection of older employees in accordance with discrimination law, be permitted. In this case, a shoe manufacturer, decided that work in its production operation was physically tiring, to allot two extra vacation days to employees after 58 years of age, to allow for longer recovery times than younger workers.

According to one report, a court spokesman said that this kind of differentiation would have to be decided on a case-by-case basis, as different types of work placed different strains on workers.

Sources: Federal Labor Court Press Release No. 57/14 (October 21, 2014); The Local "Older workers can have extra days off, court says" (October 21, 2014)

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