The BAG (Judgement of 19.05.2009, Az: 9 AZR 477/07) has held that employees have in case of permanent incapacity and continuing employment are not entitled to holiday pay. Any other interpretation of the provisions of BUrlG that was after a European Court decision has become necessary (see my blog entry under http://arbeitsrecht-fachanwalt.blogspot.com/2009/03/kein-verfall-des-urlaubs-bei -krankheit.html ) applies only if the Urlaaub due to illness incapacity until the end of the leave year or carry-over period can not be granted. In a continuing employment relationship But does § 7 BUrlG IV. A compensation claim (klar!) and holiday pay claim divorce from then. I think the decision to be inconsistent, as can be taken in both cases due to a disease not a holiday period, in the first (ECJ case) from actual, in the second, now a case decided by the BAG from rechtlchen reasons.
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