European Employment Law Cases

Case Reports

2019/32 Belgian jurisdiction and labour law apply despite contractual choice for Irish law and jurisdiction

Keywords Private International Law
Authors Gautier Busschaert
Author's information

353725 Gautier Busschaert
Gautier Busschaert is an Attorney at Van Olmen & Wynant.
  • Abstract

      The Latvian Supreme Court recently used the ECJ Max Planck and Kreuziger judgments to explain how an employer can escape its obligation to compensate an employee for unused leave at the end of the employment relationship. The employer must prove that (a) it was possible for the employee to use the leave, and (b) the employer has in good time informed the employee that leave, if not used, might be lost and will not be compensated.

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