Anyone who is released after a termination does not necessarily consume the remaining vacation. What are the employee's rights in this case?
- For example, the employer can release an employee after termination.
- During this time, the remaining days of vacation are usually compensated.
- However, there is something to consider here that many do not know and are therefore overlooked.
Those who voluntarily change jobs or receive notice of termination from their employer are usually exempt in the past few weeks. This means that an employee no longer has to appear in the company for a certain period of time and in most cases receives remuneration for these days off. This enables the employee to reduce the remaining days of vacation. Although superiors often ask for an exemption without the employees' approval, they are rarely unhappy about it - after all, they have more free time at their disposal.
But can bosses ask a dismissed employee to work again despite the time off? And what happens if there are still more vacation days after the notice period?
Can the employer ask to work despite the time off?
First of all, there is the question of whether superiors can bring back exempted workers to the office at all. For example, if the employer releases an employee after dismissal *, the advice website Finanztip is a revocable exemption . The superiors are therefore allowed to request an employee to return to the company at any time.
The situation is different with an irrevocable leave of absence : In this case, open vacation days * are taken into account and the employer no longer has the right to bring an exempt employee back to work.
Also read : Termination due to illness - In these cases, your boss can fire you.
What happens if there are days off after the notice period has expired?
An exemption does not always cover all remaining vacation days . If the employer has failed to notify a dismissed employee that the leave of absence must be reduced with the release , then the days off do not simply expire. On the contrary: the employee even has the right to receive the salary for the remaining vacation days not taken - which many are not even aware of.
Also interesting : termination - these behaviors can cost you the job.
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* merkur.de is part of the nationwide Ippen central editorial network.
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