Holiday entitlement: This is my right as an employee

Created: 07/13/2022, 08:49

By: Carina Blumenroth

All employees are entitled to holiday - but how much holiday is actually included and when does the holiday entitlement start?

There are still errors.

Especially now, in summer, many employees want to go on vacation with their families, relax and switch off.

However, until you have arrived on vacation, there are a few things that you have to consider.

In Germany, all employees have a

.

However, there are exceptions, errors and changes around this.

The holiday entitlement is legally

anchored in the

This assumes a

for the calculation .

Anyone who works six days a week is entitled to at least 24 days of vacation time – according to the Federal Labor Act.

Supplementing the holiday right through individual agreements, such as employment and collective bargaining agreements

However, it is possible that you will be granted more vacation time than is legally required.

This is then, for example, in your

regulated, but special regulations can also be contained in

.

It is important to note that the Federal Labor Act stipulates the

entitlement – ​​you cannot therefore have fewer days of holiday.

But always note that if you work a five-day week, you are legally entitled to 20 vacation days.

If you work fewer days, your holiday entitlement will be reduced accordingly.

If you work a five-day week, you get at least 20 days holiday, which is required by law.

A higher holiday entitlement may be stated in your employment contract or in collective agreements.

© Imago

Right to leave: Recreational leave also for mini-jobbers

Bible portal

has found out who is entitled to vacation leave.

• employee

• part-time employees

• worker

• marginally employed (including mini-jobbers, 450-euro employees)

• trainee

• Volunteers, trainees

• Employee-like persons (including self-employed and freelancers, provided they are economically dependent on the company)

If you make use of your holiday entitlement, this means that you will continue to be paid as normal for this period.

Things are different when you ask for an

ask, then your boss can

grant you

Vacation: special regulations for young people and the severely disabled

There is a higher statutory holiday entitlement for young people and severely disabled people.

The Hensche law firm states on its website that young people who are under the age of 16 are entitled to a minimum holiday entitlement of 30 days per year.

The older the young people get, the lower their holiday entitlement.

Severely disabled people (with a degree of severity of 50 percent or more) are entitled to five days more vacation time, this is regulated in the

Code.

Specifically,

“Severely disabled people are entitled to an additional paid holiday of five working days in the holiday year;

if the severely disabled person's regular working hours are spread over more or fewer than five working days in the calendar week, the additional leave increases or decreases accordingly.

Insofar as collective bargaining, company or other vacation regulations for severely disabled people provide for longer additional vacation, they remain unaffected."

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Full vacation entitlement after six months of service

If you are new to your company, you should know that you

.

It is regulated by law in Germany that you only obtain the full holiday entitlement if you have worked in the company for six months.

You can still take

.

You are entitled to one twelfth of the annual leave for each full month worked.

To calculate this, simply take the annual leave entitlement and divide that by twelve.

With a holiday entitlement of 20 days, this would be 1.6 days.

If the number after the decimal point is at least half a working day, then it is rounded up.

Your boss has to agree.

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Who decides the holiday and can this change again?

Of course, you alone do not determine your holiday.

You

this from your employer - under certain circumstances, you will coordinate this with a

or

who do the same job.

However, you may only start your vacation once it has been approved.

Once this has happened, your employer cannot simply take your holiday away from you.

The Henschel law firm reports on its website: “Such a revocation is only possible in very exceptional cases.

However, such exceptional cases are purely theoretical, ie they hardly ever exist in practice.” Such exceptional cases can, for example, threaten the existence of a company.