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After termination: Can I have the remaining vacation days paid out?

2021-07-30T04:09:17.655Z

After the termination, the remaining vacation days can also be paid out on request. Use a simple formula to calculate how much money you are entitled to.



After the termination, the remaining vacation days can also be paid out on request.

Use a simple formula to calculate how much money you are entitled to.

In many cases, those who quit their job or are given notice by their employer are still entitled to vacation days.

You can read here how to calculate your vacation entitlement after termination. * But not everyone can or wants to use up their vacation completely.

In this case, the remaining vacation can also be monetized: you can have it paid out by the company.

Paying off vacation after termination - this is how the calculation works

The employer pays vacation pay for vacation days that are not used by the employee.

It does not matter who terminated the employment relationship - the entitlement exists in any case.

The amount of the amount depends on the average earnings of the employee.

This is calculated on the basis of earnings for the last 13 weeks (= one quarter) before the end of the employment relationship.

Overtime payments are not taken into account.

Formula for calculating the payout amount for the remaining vacation days:

Gross wage in 13 weeks x number of outstanding vacation days / number of working days in 13 weeks

For the gross wage for 13 weeks, you simply take the

gross monthly wage times three

(= one quarter).

Example:

Employee Timo Müller works five days a week.

His gross monthly salary is 2,700 euros.

When the employment relationship ends, he has five days of vacation that he can no longer take.

This results in a vacation pay of (2,700 euros x 3) x 5 (vacation days) / 65 (days) =

623.08

euros gross.

Also read:

Remaining vacation: when does it actually expire?

In the video: Does short-time work reduce my vacation entitlement?

Exceptions to vacation pay

In collective agreements, the employer may

stipulate

individual regulations on vacation

compensation.

However, these must not adversely affect employees.

Employees who are unable to work are also entitled to the remainder of their statutory vacation being paid to them.

Vacation entitlements that go beyond this can expire if this has been contractually agreed.

Also read:

Too much work because of Corona - Can the boss cancel my vacation?

Can I waive vacation compensation after giving notice?

By the way: Employees can forego vacation pay - and in return negotiate a higher severance payment with the boss.

However, such a so-called

termination settlement

must be recorded in writing.

The employee can waive his vacation compensation claim and receive a higher severance payment in return.

In such a termination settlement, both parties must make a contractual agreement.

More on the topic

: Employees are legally entitled to so many vacation days - fewer than expected.

Do you want to stay up to date with the latest career news?

 Then follow our industry page on the Xing career portal.

Source: Personio.de, Haufe.de

Ranking: These professions have the most vacation days

Ranking: These professions have the most vacation days

Source: merkur

All life articles on 2021-07-30

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