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Anyone who is on short-time work will also have to cut back on their days off in the future
Photo: Sebastian Kahnert / dpa
One hundred percent short-time work now also means fewer vacation days: Corona short-time workers with days off work must, according to a ruling by the Federal Labor Court, expect their annual vacation to be reduced proportionally.
The highest German labor court in Erfurt ruled in the case of a saleswoman from North Rhine-Westphalia.
The Federal Labor Court thus passed a landmark judgment (9 AZR 225/11) in the corona pandemic on a "question that is highly controversial," as the presiding judge Heinrich Kiel said.
Saleswoman from Essen sued against vacation cuts
Given the force of the fourth corona wave, the judge's ruling could have an impact on tens of thousands of employees in Germany in the coming months. Lawyers spoke of a loophole in the federal vacation law for short-time work zero, which has now been closed.
The Federal Labor Court followed the judgment of his line since 2019, according to which the scope should measure of annual leave on the number of agreed days with work requirement.
It confirmed a judgment of the Düsseldorf Regional Labor Court on the action brought by the seller from Essen.
The woman works as a sales assistant three days a week.
In 2020 she was sent to zero short-time work for several months - she received vacation, but shortened by a few days.
The German Federation of Trade Unions had fought against vacation cuts for short-time work and supported the plaintiff.
flg / dpa-AFX
