Do part-time employers need to compensate for unused vacation days?
Working part-timers, short-term employees, and students deserve breaks as well; that much is certain. But what if your employer doesn't think so? Are they allowed to withhold your vacation pay when you're not working 40 hours a week?
If you've ever been a student trainee, waited tables at a café, or had a summer job, then you're no stranger to the non-traditional employment world. These career paths don't typically come with a 9-5 schedule or permanent status, but that doesn't mean you should be fed up against the wall. What's more, what about those much-needed days off?
Nathalie Oberthür, a legal expert on employment law, says it's wrong - even though it might seem common in practice. In reality, employers are bound by law to pay vacation days for all kinds of jobs: student trainee positions, part-time café work, or short-term summer employment. Surprisingly, there aren't any legal squirm holes to bypass this obligation for workers. "Favors that disadvantage employees are invalid," Oberthür points out.
So, how many days of vacation am I entitled to?
Well, according to the books, every employed person in Germany should have a minimum of 20 vacation days a year if working a full-time 5-day schedule. But what if your part-time job is flexible, and your weekly working hours vary – as they often do?
Oberthür explains: your workweek hours are measured in terms of time, and then computed against a full-time position. This gives you a proportional entitlement to vacation days. If, for some reason, your employer is reluctant to give you those days off during your time with them, you can expect them to pay you out when your contract ends.
To request your vacation days, Oberthür suggests submitting your application in a way that proves the date and time. Now, you might ask: how do you do that? The Federal Leave Act doesn't explicitly say how to apply for leave, but there's usually a vacation list where you can jot down your desired time off.
Professional credentials: Nathalie Oberthür is a legal expert on employment law and Chair of the Employment Law Committee of the German Bar Association (DAV).
Read also:
- This will change in December
- Dikes withstand water masses so far - Scholz holds out the prospect of help
- Fireworks and parties ring in 2024 - turn of the year overshadowed by conflicts
- Attacks on ships in the Red Sea: shipping companies avoid important trade route
Employers, regardless of the type of job, are legally obligated to provide vacation pay for their employees, including part-time workers, student trainees, and short-term employees. If an employer withholds vacation pay, it could be considered a favor that disadvantages employees, making it invalid according to employment law expert Nathalie Oberthür.
In case of flexible part-time jobs with varying weekly working hours, the vacation entitlement is proportional to a full-time position. For instance, if an employee works half the time of a full-time employee, they are entitled to half as many vacation days.
Consulting with a legal advisor can be beneficial when dealing with legal issues related to vacation pay, ensuring that employees' rights are protected and upheld, as outlined in employment law.
Source: www.ntv.de
