You really do have these rights as an employee on holiday

Created: 05/18/2022, 10:24 am

If you're on vacation, you're on vacation.

Only in a few cases is the employer allowed to thwart the employee's rest plans.

© Benjamin Nolte/dpa-tmn

Once the holiday application has been approved, nothing can go wrong, right?

In fact.

In a few exceptions, supervisors are allowed to cancel vacation days.

Those who work also have the right to rest.

In principle, according to the Federal Holidays Act, the employer must

grant the

This is what "top eins", the magazine for executives in the public sector, refers to on its website.

In which cases can the manager still deny the employees vacation?

At work: These rules apply to holiday planning

• There is no

  such thing as vacation leave

  if it significantly affects operations.

  This can be the case if there are staff shortages, for example due to sick colleagues.

• In the same way, if the

  workload is very high

  - this includes events, inventories or the upcoming annual financial statements - the supervisor can

  refuse the vacation request

  .

  That being said, other colleagues may have priority.

  According to “top eins”, social reasons can be decisive.

  These include, for example, school-age children, the vacation of other family members or a strong need for relaxation.

  However, the decision is in the hands of the

  manager

  , since the legal interpretation is quite vague.

• Unilateral holiday changes

  are generally not possible.

  As soon as the supervisor has approved the vacation request, nothing stands in the way of relaxation.

  According to "top eins" there is little scope to revoke consent.

  Emergencies are one of them - in all other cases, the employee must first agree to the change.

  The same applies to calling back from vacation.

  This is only legal if the company would otherwise suffer major damage.

  The employer bears the costs incurred for the early return.

  The obligation also applies to the employee in the same way.

  If the supervisor has approved the vacation, the employee cannot easily swap the days.

  In this case, an amicable solution must be found.

• Accessibility on vacation

  : If the employee is on vacation, he has the right to switch off completely.

  This also applies to his digital devices.

  The supervisor must

  not call, email, or otherwise message his employees while they are on vacation

  .

  The same regulation also applies to the end of the working day.

  From this point on, employees no longer have to answer their ringing smartphone.

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