The background is a final instance decision by the Federal Labor Court (BAG). In the case in question, an employed production assistant filed a lawsuit who felt discriminated against due to the company’s vacation regulations (BAG, judgment of October 21, 2014, ref.: 9 AZR 956/12). The employer generally granted the workforce 34 working days of vacation. The employer also granted all employees over the age of 58 two additional days of vacation. The plaintiff was younger than 58 and therefore sued for two additional days of vacation each year on the grounds that the regulation discriminated against her as a younger person of her age.
The older, the more vacation
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