Employment law: Five vacation regulations you should know about
In the summer months, many employees look forward to a long vacation. Relaxation at its finest! But what if the boss calls? Or suddenly one falls ill? Here are some things to know about labor law and vacation.
Germany is entering the vacation season. For many employees, the annual leave is due. Those who are familiar with these rules are best prepared:
- The Right to Unreachability During Vacation
Relaxed on the beach, the phone rings: Do I have to respond when the boss or CEO calls me during my vacation? No. Employees are generally only required to be reachable during agreed working hours, explains Volker Goerzel, labor lawyer and member of the German Labor Lawyers Association (VDAA). In their free time - and therefore during their vacation - employees are not obliged to be reachable. However, it ultimately depends on what is regulated in the employment contract.
- No Entitlement to Vacation Pay
Vacation is more fun when the employer covers the travel expenses with a financial injection. However, there is no general entitlement to vacation pay in Germany, according to the VDAA. Instead, it is a voluntary additional payment made by the employer, over and above the regular salary, to enable the employee to take vacation.
Employees have a claim only if there are corresponding agreements in the employment contract, in a collective agreement, or in a works agreement. In addition, there is the special case of so-called company practice. If the employer has paid vacation pay regularly and without reservation for at least three years, he is also obligated to do so in the future.
- Sick During Vacation: Vacation Days are Credited
A common occurrence: As soon as one goes on vacation, one falls ill. The good news: If employees fall ill during their vacation, they receive their vacation days back, according to the Bund-Verlag. The vacation days then count as not taken. A prerequisite is that there is an illness that leads to incapacity to work. In addition, employees need a medical certificate, i.e., a doctor's note.
Conversely, not every illness leads to incapacity to work. According to the Bund-Verlag, it depends on whether the employees were hindered from performing their specific duties. For example: If an employee injures their little finger in their vacation but does not have to perform any manual labor or writing work in their job, the illness may not lead to incapacity to work.
- Vacation Claim at Job Change
The annual leave is only available to employees once a year. This is important to note when employees change jobs, warns labor lawyer Volker Goerzel. According to him, employees can only demand vacation from their new employer for the vacation they have not yet taken from their old employer.
The old employer must certify for employees how much vacation they have granted in the current calendar year. Employees then present this vacation certification to their new employer to prove their remaining vacation claim.
- Mini-jobbers Also Have a Vacation Claim
The annual leave is only available to employees once a year. Labor lawyer Volker Goerzel draws attention to this relevance. According to him, mini-jobbers can also demand vacation from their new employer for the vacation they have not yet taken from their old employer.
The old employer must certify for mini-jobbers how much vacation they have granted in the current calendar year. Mini-jobbers then present this vacation certification to their new employer to prove their remaining vacation claim.
Every employee, be it male or female, is entitled to a paid leave of absence. This also applies to those working in a mini-job, as the Mini-Job Centre explains. Legally, the minimum leave of absence amounts to four weeks per year. For these leave days, the employer is required to continue paying the salary.
The number of days of personal leave to be claimed depends on how many days a week an employee works in a mini-job. This can be calculated using a simple formula: Number of individual working days per week multiplied by 24 and then divided by 6. For instance, someone who works three days a week would be entitled to 12 days of leave.
- If a mini-job employee encounters legal issues regarding their vacation entitlements, they can seek advice from the Federal Labor Court.
- During a mini-job employee's vacation, the employer is still obligated to adhere to any federal labor court judgments regarding vacation pay, even if there are no specific agreements in the employment contract.
- In the event of a mini-job employee falling ill during their vacation, the Federal Labor Court advises that the employee should follow the same procedures as regular employees, including obtaining a medical certificate for any incapacity to work.
