While some have hardly any work in the pandemic, other companies can hardly keep up with orders.
In this case, can the employer take the vacation back?
Online trading and parcel services are booming, and the production of medical products is also experiencing an upswing in the corona pandemic.
Therefore, extra shifts have to be performed in many companies.
This quickly raises the question of what happens to vacation * in the event of increased workload: Is the employer entitled to cancel approved vacation days?
Also read:
What happens to the vacation days if I have to be quarantined during my vacation?
Cancel vacation due to Corona: That's what labor law says
Even when companies are currently experiencing challenging times: Employers are not allowed to cut vacation days that have already been approved - the corona pandemic does not change that.
According to labor law, the employer can only cancel approved leave in two cases:
if both sides agree and the
employee agrees
or
if it is an
unforeseen emergency
that threatens the company's very existence.
Eliminate employee vacation: Which scenarios are considered "emergencies"?
However, only events that
would
cause significant damage
to
the company are deemed to be "emergencies"
.
This would be
conceivable
in the event of a
natural disaster
or if several employees unexpectedly fail at the same time and production is endangered as a result.
This means that production or operations can only be maintained if the employee waives his approved vacation.
"In the current corona crisis, one could imagine that for highly specialized pulmonologists in hospitals or similar
'systemically important' employees,
" explains labor law expert Prof. Dr.
Wolfgang Däubler in a guest article by Bund-Verlag.
If, on the other hand, unforeseen but
manageable
difficulties
arise
, this is no reason to cancel the employee's vacation.
If, for example, the representative for the employee on leave falls ill, this does not constitute a reason to deny the employee the leave.
Also interesting:
pay attention workers: in these cases you have the right to unpaid leave.
In the video: Vacation in the risk area - do I have to take time off for the quarantine?
Can the employer "bring back" the employee from vacation?
Can the employer then bring the employee back from vacation if the order situation rises unexpectedly?
The legal situation is also clear: "If the employee has already started their vacation, the employer
generally has no right to bring someone back from vacation
- even if, in his view, there are compelling or urgent operational reasons for doing so", writes the DGB legal protection on its website.
Even
clauses in the employment contract
that provide for a return from vacation are ineffective according to the case law of the Federal Labor Court.
If the employee responds to a callback and voluntarily returns from vacation in consultation with the employer, the company bears all
costs incurred
, such as cancellation fees or flight
costs
,
according to the DGB
.
Conclusion:
Holidays that have been approved can only be canceled in exceptional cases, even during Corona times.
A retrieval is also not permitted under labor law.
The employer must therefore consider beforehand whether or not it is possible to take vacation during the selected period.
But what happens if employees
can
not start
their
trip due to the corona pandemic
?
Can employees then withdraw their approved vacation days?
You can find out here.
(as) * Merkur.de is an offer from IPPEN.MEDIA.
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Further sources: Arbeitsrecht.de
Ranking: These professions have the most vacation days
Ranking: These professions have the most vacation days
