After the termination, many wonder how much remaining vacation they are entitled to. However, the point in time of termination plays a major role in the entitlement to vacation.
What many do not know: Anyone who has worked in a company for at least half a calendar year is already fully entitled to vacation upon termination.
Leave entitlement upon termination: How do I calculate my remaining vacation?
According to labor lawyers, however, the point at which an employee fires or is fired plays a role:
- If an employee resigns in the first half of the year, i.e. by June 30, the vacation entitlement is based on the length of time that the employee was employed in the company. He receives a twelfth of the annual vacation for each full month. If, for example, an employee quits on May 31, he will receive a total of 12.5 days of remaining vacation (30 vacation days / 12 months x 5 months) for an annual vacation of 30 days.
- However, if the employee leaves the company in the second half of the year , he is entitled to full annual leave in accordance with the Federal Vacation Law - if the employment relationship has existed at least since January 1 of the year.
In the associated legal text to § 4 BUrlG it says: "The full vacation entitlement is acquired for the first time after six months of employment."
Also interesting: Sick during the trial period: can I be given notice?
"Pro rata temporis" clause in the employment contract limits vacation entitlement
In the latter case, however, there is an exception if the employment is a "pro rata" clause ( dt. Rata included). This means a regulation according to which the company grants the vacation for the year of entry or the year of leave only partially. However, this proportionate calculation only applies to vacation days that go beyond the minimum vacation. For a 5-day week, this is 20 vacation days.
If this clause is not included in the employment contract, employees are entitled to full annual leave from the second half of the year.
Read here when your remaining vacation expires, when you can have it paid out and how you calculate the payment.
For further reading: These are the most frequently asked questions about termination.
Also: Constantly ill - can my boss give me notice?
By Andrea Stettner
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