Relax as far away as possible from work - ideally with a well-filled holiday budget.
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Vacations are for relaxation.
For many employees, they are one of the highlights of every year.
Especially during the corona pandemic, everyone is hoping to be able to travel again soon.
The holiday budget must always be well filled for this.
This is why some employers pay their employees what is known as vacation pay.
But do they even have to?
And what rights do parents have?
You can find the most important answers here.
What is the difference between vacation pay and vacation pay?
Quite a few people confuse vacation pay with so-called vacation pay.
The latter is the continued payment of remuneration while on vacation.
The vacation pay, on the other hand, is an additional financial benefit from the employer.
Am I entitled to vacation pay?
No, there is no statutory entitlement to vacation pay.
"However, this can result from collective agreements, from the employment contract, from general commitments or from a company practice," says the specialist lawyer for labor law Daniel Brügger.
An entitlement to vacation pay from company practice could exist if an employer has paid vacation pay for three years in a row without being contractually obliged to do so.
Due to the corona pandemic, employees are extremely restricted in their travel behavior.
This could tempt employers to cut the promised vacation pay.
Because: if you can't travel, you don't need any additional money.
But: "A cancellation of the vacation pay is not possible unilaterally, as long as it has been agreed in a collective agreement," says Brügger.
How much vacation pay am I entitled to?
For many employees, it is not only the question of whether they receive a financial grant that is of great importance.
But also how high it is.
However, this is up to the employer.
"Since there is no legal entitlement, the amount of vacation pay is a matter for the employer or a matter of negotiation," says the lawyer.
This can be regulated in different ways.
For example, the employer can
pay a lump sum per year
Pay a fixed amount per day of vacation
pay a percentage surcharge on vacation pay
There are no special features for employees with children.
There is no legal right to additional money per child.
After all: Basically nothing changes to the agreed special payments during parental leave.
When does vacation pay have to be paid?
That too is left to the employer.
“In fact, it depends on the collective bargaining agreement or the employment contract.
These mostly regulate the due date.
In the case of a company exercise, it depends on the behavior of previous years - if you always paid in March, this can also be expected in the following years, ”says Brügger.
For example, a fixed time in summer is possible.
Then the money is transferred in addition to the normal salary.
However, the money can also be paid out proportionally for each day of vacation taken.
Do employees have to repay vacation pay in the event of termination?
A case study: You receive your vacation pay in full in April in addition to your salary and leave the company a few weeks later because you gave notice three months beforehand.
Can employers claim back the financial contribution in such cases?
»Only if the vacation pay is paid purely as a company loyalty bonus.
However, this happens very rarely.
Many repayment regulations in employment contracts are likely to be ineffective, «says the expert.
The same applies in the event of illness.
If the employee is absent for a longer period of time, the vacation pay may only be canceled if this has been expressly agreed.
Is vacation pay tax-free?
No, employees also have to pay taxes on vacation pay.
Unless the total is at or below an exemption limit: This is currently 156 euros per employee.
If the employee is married and has children, the tax-free amount increases by 104 euros for the partner and 52 euros per child.
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