Employees in Germany have a legal right to vacation.

Employees in Germany have a legal right to vacation. (Photo: © lightwise/123RF.com)

Read aloud:

Vacation planning at work: What the legal situation is

At the beginning of the year, many employees make new vacation plans, which employers have to coordinate. An expert explains what labor law says about this.

Who is allowed to go on vacation when, what does the holiday calendar say, and does the timeframe fit with current orders? These are questions that every company faces at the beginning of the year, when the Vacation The next 52 weeks are to be planned. Lawyer Sabine Brandl from Ergo Legal Protection Services GmbH explains the Basic principles of labor law.

How much vacation time do employees get?

To recover from their often strenuous work, employees in Germany have a legal right to time off. Right to vacation. "After the Federal Vacation Act They are entitled to a 5-day week annually 20"With a 6-day work week, that's 24 vacation days," Brandl knows. "In many Tariff or employment contracts But there are even better regulations – often they are 30 vacation days the rule."

For people which are looking for high quality french cuisine in Part-time or those who work on a mini-job basis receive the vacation proportionally, depending on how many days per week are worked. Incidentally: "If the calculation results in a number with decimal places, employers must pay more than half a day of vacation." round up"That's what the lawyer said. If an employee is on zero-hour short-time work or in parental leaveThe employer may reduce the vacation entitlement accordingly. shorten.

Does the boss have to approve the vacation?

Anyone who wants to take vacation must first get it from their boss. approve Let it be. However, the basic principle is: The vacation is to be... to permit, as long as no There are important operational reasons against it. "This could be the case, for example, if the order situation increases unexpectedly or many employees are absent due to illness," explains Brandl.

You might also be interested in:

Especially new colleagues in the probation They will have to be patient a little longer: They are collecting every month a twelfth their annual leave. They can only apply for their full leave after six months.

Once your boss has approved your vacation, he can only grant it in real terms. Withdraw in case of emergencies – for example, if the business would grind to a halt without you. "Anyone who spends their vacation without Anyone who simply accepts approval from the boss risks a [problem/dismissal] if they simply take up their post without it [being] and [does not] have it]. without notice "Termination," warns the legal expert.

Who gets to take time off first?

Sometimes several colleagues want to go to the same place. same time Taking a vacation – especially in summer or around Christmas. But who gets the chance? "Vacation time often goes to the person who needs it most." first applied"That's what Brandl explains. To avoid unnecessary problems, the lawyer advises discussing vacation plans with colleagues well in advance. This usually makes it possible to find a fair solution for everyone."

If the employees still cannot reach an agreement, the The boss decides – and that is after social Criteria. According to Brandl, this means: "For example, those who haven't had a vacation in a long time or who urgently need rest due to illness have priority." Those with school-age children or who have frequently forgone popular vacation times in recent years may also be given preference.

Remaining vacation days: Ruling strengthens employee rights 

Some employees start with remaining holiday Into the new year: "The legal situation has changed in favor of employees. The vacation entitlement from the previous year..." It no longer expires automatically."," the legal expert informs us. "According to a Federal Labour Court ruling of 2022 Employers must inform their employees in a timely manner. request, to take their remaining vacation days and explicitly inform them that they will otherwise be forfeited. If they do not do this, their vacation entitlement remains indefinite."

Employees now even have the option of using vacation days from previous years. retrospectively to claim this if their current or former employer has not informed them of the impending expiry of their leave.

Is it possible to have vacation pay paid out?

Even though it may be tempting for some employees to increase their salary through a Disbursement Is it legally permissible to increase the number of vacation days? not possibleBecause the sufficient Recovery The employee's job security is therefore no longer guaranteed. "In the event of a completion However, during the course of an employment relationship, it can happen that the employee is unable to take their remaining vacation days. Under these circumstances, a compensation "The remaining vacation days will be possible," Brandl emphasizes.

Source: Ergo Group

The advisors at the Chambers of Crafts will be happy to help you with any legal questions!

DHB now also digital!Simply click here and register for the digital German Crafts Journal (DHB)!

Text: / handwerksblatt.de

You might also be interested in: