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The most important questions and answers at a glance:

Who is entitled to minimum leave?


Entitlement to Holiday Leave In accordance with § 2 BurlG workers, employees, trainees and employee-like persons have a statutory right to vacation leave. The minimum number of vacation days depends on § 3 BUrlG.

Who is an employee within the meaning of the law?


Employees within the meaning of the law are workers and employees as well as those employed for their professional training. Employees are also persons who, because of their economic independence, are to be regarded as persons similar to employees; Section 12 applies to home work.

What is my minimum holiday entitlement?


§ 3 BUrlG
(1) Annual leave is at least 24 working days.
(2) All calendar days that are not Sundays or public holidays are considered working days.

Every employee who works six days a week is entitled to at least 24 days annual leave. However, since most employees work five days a week, the statutory entitlement has to be reduced by a sixth. This results in a minimum holiday entitlement of 20 working days for a five-day week.

Do I have to fulfill a waiting period?


Entitlement to full annual leave only exists after a waiting period of 6 months, § 4 BUrlG. An employee is therefore only entitled to full holiday entitlement after six months of service.

Who determines the time of my vacation?


In principle, the employer can determine the time of the leave, but if possible, the wishes of the employee must be taken into account, § 7 BUrlG. In particular, social aspects such as school-age children must also be taken into account by the employer.

Do I get paid during my vacation?


The Federal Holidays Act assumes paid vacation leave. This means that the employee must be treated as if he were working during his leave. So he gets his usual wages, § 11 BUrlG.


example:

The employee works in a supermarket and earns €1,900 gross per month. From 15.03. until 22.03. he has submitted a vacation request to his employer. This was approved. The employee must therefore from 15.03. up to and including 22.03. don't show up for work. He will receive his usual gross salary of €1,900 for the month of June.

What about vacation pay?


Like the Christmas bonus, vacation pay is a gratuity. Bonuses are voluntary benefits from the employer that are paid in addition to wages. An employee is only entitled to holiday pay if this is provided for in the employment contract, the relevant collective agreement or a company agreement.

Does my vacation expire?


Annual leave must always be taken in the current calendar year, otherwise it expires. A transfer is only permitted in individual cases if this is necessary for urgent operational or personal reasons. This can be the case, for example, if the employee is unable to work due to illness. Even if leave is transferred, it must be taken by March 31 of the following year at the latest in order not to expire.


§ 7 BUrlG regulates this:


(3) Vacation must be granted and taken in the current calendar year. A transfer of vacation to the next calendar year is only permitted if there are urgent operational or personal reasons justifying this. In the case of transfer, leave must be granted and taken within the first three months of the following calendar year...


However, in order for the vacation to be forfeited at all, the employer must point this out. In this regard, the burden of proof is Jurisprudence of the Federal Labor Court the employer: he must prove that he has informed his employees appropriately and enabled them to take the holiday. It is therefore necessary for the employer to inform the employee in writing that vacation leave will expire on December 31st. threatens and asks him to take this leave.

Special regulations:


In addition to the Federal Holidays Act, there are other special regulations that regulate the holiday entitlement for individual groups of people. These special regulations take precedence over the Federal Holidays Act as more specific regulations. For example, for young people under the age of 18 in the Youth Employment Protection Act increased minimum requirements regulated. The statutory holiday entitlement is also separate for the severely disabled § 208 SGB IX regulated.


In addition, a collective agreement can also be used to deviate from the Federal Holidays Act as a minimum for individual sectors.

If you have any questions about vacations, contact us and arrange one meeting .


or call us on the phone number02366-94066 02.


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