Annual leave

Relaxing is the main form of statutory holidays. The Relaxing has the purpose to enable the worker to rest and to enjoy a period of relaxation and leisure.

The first legal regulations in Europe date back to the turn of the 19th to the 20th century and began with three to six working days a year. Depending on the country - - Today, the annual leave entitlement is between four and six weeks, with at least half undivided (in some countries also the entire claim ). The European Union requires a minimum leave of four weeks in Article 7 of the Working Time Directive. On other continents, it is usually much lower, in some countries such as the United States, there is no legal claim.

Duration of the leave

The scope of the leave entitlement of an employee is primarily determined by the employment contract, but which define collective agreements and especially the labor legislation minimum claims, the contract must not be exceeded. In Austria and Switzerland, further regulations are relatively rare ( see collective agreement ). In Germany, in so far as § 3 of the Federal Holiday Act applicable, the " 24 working days " states. Since also the Saturday is a working day, but will mostly only worked five days a week, this results in most cases in fact 20 working days. For young workers the statutory minimum leave is in accordance with § 19 youth employment law. severely handicapped get depending on the age 25-30 working days after § 125 Ninth Book of the Social Code (SGB IX ) Additional leave of five working days.

In fact, most German workers today have a holiday entitlement of 30 days per year - that is, about six weeks - which is determined by collective agreements or individual employment contract. This puts them in an international comparison, as adjacent table shows, in the upper middle. It should be noted, however, that added in countries such as India and Japan with relatively few vacation days many public holidays. More meaningful when comparing locations so the total leisure as the sum of vacation days and public holidays.

Calculating leave

The Federal Holidays Act sets out the statutory minimum holiday of 24 working days, ie goes out of the 6 -day working week, as it was usual with the adoption of the law in 1963. Those working fewer days per week, will receive a pro rata share of claim, for example, a 5-day week 20 days so that it always gives four weeks of vacation. For the additional leave for severely disabled people considered it the legislature necessary, this explicitly clear in § 125 SGB IX. It is a general principle.

Holidays in the public service in Germany

Until 31 December 2012, workers had in the federal public service and local government pursuant to § 26 TVöD entitled to vacation in the following amounts: up to the age of 30 year 26 working days thereafter until the completion of the 40th year of life 29 working days, after 30 working days. In the public sector of countries according to TV-L was the same. However, the Federal Labour Court has determined that this graduation as unlawful age discrimination. Since January 1, 2013, pursuant to the TV-L for all workers a holiday entitlement of 30 days: In the area of ​​TVöD a new age scale has been with effect from March 1, 2012 introduced; Accordingly, the holiday entitlement in any calendar year 29 working days and after the age of 55 after 30 working days.

For officials § 5 of Relaxing Regulation of the Federal or the corresponding parallel regulations of the countries is crucial. Thereafter, the officers are at 26-30 vacation days depending on the age and grade level. It is basically the same echelon as the employees of the public service.

Additional leave for disabled

Severely disabled persons with an established degree of disability of at least 50 to receive a statutory additional leave of 5 working days per year ( § 125 SGB IX). Works of severely disabled more or less than 5 days per week, is increased or decreased accordingly the claim.

If the severely disabled person not the entire year severely disabled, he shall for each full month of employment in this severely disabled property is entitled to one-twelfth of the additional leave. Fractions of vacation days, arising at least half a day are rounded to full days. If the severe disability determined retrospectively, it is also for the back wirkendend determined period of entitlement to the additional leave, but usually only for the current leave year ( § 125 para 3 SGB IX).

Workers who severely disabled people are equal, are not entitled to the additional leave.

Staggering of the holiday period by age

Older workers were used to often due to corresponding tariff or contractual arrangements, more vacations than their younger counterparts. A different holiday period by age, however, according to § 10 AGG only permitted if they objectively and reasonably justified by a legitimate aim - is justified - such as the protection of health or an increased recovery needs of older workers. The means of achieving that aim must be appropriate and necessary.

This is certainly not the case when employees after the completion of their 40th year of life in each calendar year shall be entitled to 30 working days leave during the leave entitlement under the age of 30 years of age only 26 working days and up to the completion of the 40th year of life, only 29 working days is .. A corresponding provision in TVöD was therefore amended with effect from 1 March 2012.

That court (LAG ) Dusseldorf upheld the claim of a 24 years old co-worker, the 34 vacation days per year may have at the collective bargaining agreement of the retail industry in North Rhine -Westphalia, while workers aged 30 and older have 36 days holiday. The LAG did not stop after the age discriminating rule according to § 10 AGG justified. There is a lack of a legitimate aim for this unequal treatment that would have been found in the collective agreement or in the context of appeal.

Employees who are inadmissible discrimination in vacation because of their age, are entitled to an adjusted upwards vacation time each year, so they can have as many vacation days as wanting the age group with the most vacation days.

Redemption and expiration of the claim

The timing of the leave 7 Federal Holidays Act are basically to account for the holiday wishes of the employee in accordance with §. This does not apply if the urgent operational needs of parties ( eg, company holidays, high season). Under certain circumstances, the holiday wishes of other workers may have priority for social reasons. The leave shall be contiguous, unless urgent operational issues or reasons in the person of the worker make a graduation required.

In the determination of the leave of officials are to ensure " proper discharge of official business " and avoid substitution costs (§ 2 of the Federal ErholungsurlaubsVO or parallel regulations of the countries ).

The preparation of the holiday plan and the determination of the timing of annual leave for individual employees, if between the head of service and the employees involved no agreement is achieved, subject to the civil service according to § 75 paragraph 3 No. 3 BPersVG or the corresponding provisions in the Staff Committee laws the countries of the participation by the Staff. The same applies in the private sector, where the works will be given a say in accordance with § 87 Section 1 No. 5 WCA.

Parents put their holidays on most school holidays to spend time with the kids, or to be able to go away with them, or even to ensure care for children. For some teachers and other professional fields of vacation is generally in the school holidays. Singles and couples without children of school age, however, like to take outside the holiday season holidays, as the trips are cheaper in the off season and there is more peace in the resorts.

If the recreation leave is not taken during the calendar year, it expires at the end of the year, if he does not because of urgent operational or lying in the person of the employee reasons up to a certain date ( usually: 31 March, also for employees of the Distance to public service ) to the following year is transmitted. However, this is usually - put a time and not place given by the employer leave request ahead of time - except in case of illness. Exceptionally, a claim to the statutory minimum leave is not extinguished but then if the employee falls ill until the end of the vesting period and therefore is unable to work. In this case, forfeit the holiday later than 15 months after the end of the leave year.

Entitled to an allowance in lieu, that is a payment for unused vacation days, the employee only if he can not take his vacation due to the termination of the employment relationship.

Compensation during the leave

During the holiday, workers have according to § 11 Federal Holidays Act is entitled to continued payment of compensation ( holiday pay ). On collective or individual contract basis, some employers pay an extra vacation money.

For official results in the continued payment of salary of § 89 Section 1 of the Federal Civil Service Act or the parallel provisions of the countries. Holiday pay has been granted in the past on a statutory basis for federal officials about by the holiday pay law. By now, most employer have but the holiday pay deleted.

Vacation after illness

According to § 7 para 1 sentence 2 of the Federal Leave Act leave after a measure of medical care or rehabilitation is to be granted if the employee so requests.

Holiday entitlement is also produced during the period in which the employee can not work due to illness in existence of the employment relationship, so that the full holiday can be claimed even if the employee has worked during the calendar year for a single day. This follows from the fact that the federal Holidays Act ( BUrlG ) only turns off to the existence of the employment relationship.

Can not take the leave because of illness-related disability in right of workers, not extinguished his rights to grant or settle the statutory partial or full leave ( not of any further more leave) despite § 7 paragraph 3 and 4 BUrlG on 31 March of the following year but only 15 months after the end of the leave year. If the employee is healthy again in the existing employment before the expiry of that period, he must grant the leave - if necessary, in compliance with limitation periods that begin to run at the time of restoration of working ability - require otherwise, leave may expire earlier. Separating the employee before the expiry of 15 months from the employment relationship, so he must for the assertion of his leave compensation claim may also note existing exclusion periods

History

The first tariff leave arrangements date from the year 1903. Those days succeeded the Central Association of German brewery workers ( forerunner of the union the Food and restaurants) to negotiate collective agreements with the Stuttgart Ring breweries and brewery in Greiz. It received employees by at least one year of service three days paid leave.

Vacation planning

One of the classic forms of design of annual leave, the company is a journey.

Any other work activities during the leave may be in breach of duty if the purpose of recreation leave is endangered by them.