26.10.2018 Ι When do I have to apply for my vacation? Can my employer refuse it? Trade Union Lawyer Till Bender answers the most important questions about holidays – and explains what workers need to consider.
How much holiday is mine? That depends, says the lawyer. By law, the employee in Germany receives a paid annual leave of 24 working days, but calculated on a six-day week, a total of four weeks. However, on average, the employee is entitled to much more leave. This so-called supra-legal additional holiday can result from the employment contract, a company agreement (BV) or a collective agreement (TV). The collective agreements of IG Metall for the metal and electrical industry guarantee, for example, 30 days – ie six weeks – holidays. More on this here,
.jpg)
When do I have to register for the holidays? There are no statutory provisions in this regard. Since the employer still has to grant the leave, it makes sense to apply for the leave as early as possible in order to have a certain degree of planning security. Registration deadlines may also arise from an employment contract, a company agreement or a TV.
In principle, the employer is required to grant the leave requested. However, he may refuse leave if there are urgent business concerns (for example, acute workload) or holiday wishes of other employees; who deserve priority from a social point of view (such as employees with a large family with several school-age children who can only go on vacation during school holidays).
Until when does the holiday have to be taken? The holiday is basically to take in the calendar year in which one has the vacation entitlement. A transfer of the leave to the next calendar year is only permitted if justified by reasons of business or of the employee. In the case of transfer, the leave must be taken in the first three months of the following year. Again, of course, something else may arise if the employment contract, a company agreement or a collective agreement provide it.
What happens if I get sick on vacation? The holiday does not expire. The prerequisite for this, however, is that I prove my inability to work by means of a medical certificate to the employer. More on this here,
I’m new to the job, when will I finally get a holiday? The full vacation entitlement is acquired after six months of employment. Until then, you get a proportional, calculated on the month holiday entitlement.
I’m allowed to do what I want on vacation, is not it quite that easy. The holiday is for recreation. In this respect, the employee has, for example, the obligation not to work while on vacation in a manner contrary to the purpose of the holiday.
Can my employer take my leave again? No, this is not possible. Once granted leave can not be taken back by the employer. This can not happen even if the employer gets into massive problems. The employer has to take precautions to ensure that this situation does not occur.
I do not get a holiday, what should I do? The employee can sue for the holiday. However, when time is of the essence and judicial decisions on leave in the legal proceedings no longer allow a decision to be taken, a quick decision via a so-called injunction is possible.
I change to another employer, what happens to my vacation? The holiday still existing with the old employer can be reduced with this or, if this is no longer possible, be compensated in cash. Of course, when this happens, the new employer can not take the same vacation again. A so-called double claim is prohibited.
Info: IG Metall members are given free of charge by lawyers at the labor and social courts if required DGB Legal Protection GmbH represented. First stop for problems is the IG Metall on site, More information here,