Many questions revolve around employment law.
Some are asked more often because they affect a particularly large number of employees - from sick leave to the rest of the vacation.
From time to time there may be misunderstandings at work, for example when it comes to the probationary period, the remaining vacation time or sick leave.
Then the lack of understanding is possibly great, although everything seemed to be settled.
In order to avoid such situations, you should always inform yourself well beforehand.
In an article on Test.de,
the experts at Stiftung Warentest have
provided information on “widespread” mistakes in the job, which should affect many employees – and clarify what labor law says.
Below are three frequently asked questions.
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At work, many questions revolve around labor law.
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Sick leave, probationary period and remaining vacation time - three frequently asked questions
1. Misconception: "When I'm on sick leave, I can't leave the house"
This assumption is a "widespread error", according to the experts at Stiftung Warentest.
“If you are unable to work because of an illness, it does not mean that you have to sit in the apartment all day.
On the contrary: If it is important for your recovery, you may even be obliged in individual cases to go outside or to do exercises recommended by the doctor or therapist.” You can even go on vacation if it is conducive to recovery, they explain – "For example, to the sea for respiratory diseases".
Of course, this does not mean that you can do whatever you want when you have reported sick to your employer.
"You should definitely refrain from activities such as night-long pub crawls that could interfere with your recovery," says the article, for example.
Such behavior can lead to a warning or - in the case of repetition or in serious cases - even to termination without notice.
Anyone who reports sick to their employer should also make sure that the sick report is made “immediately”.
2nd mistake: "I'm not allowed to take vacation during the probationary period"
According to the legal experts, this assumption is also “wrong”
.
“There is no holiday ban during the probationary period.
You can ask your new boss about it.” As always, with every full month that you work for your employer, you acquire a vacation entitlement equal to one twelfth of the annual vacation.
"So you can take a few days of vacation during your probationary period, but not the entire annual vacation," says the article accordingly.
You have the full entitlement from six months after you have started in the company.
"If the boss fires you during the probationary period, he must grant you one-twelfth of the annual leave for each full month or pay for vacation days not taken."
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3rd mistake: "I can take the rest of my vacation with me into the new year"
This is also a “common misconception”, explains
Test.de.
In principle, employees should take the annual leave to which they are entitled within the respective calendar year.
The Federal Holidays Act only allows a transfer to the next year if the employee cannot go on holiday “for urgent operational or personal reasons”.
However, collective agreements could contain more generous rules.
"Urgent operational reasons are, for example, an impending understaffing in the company or a particularly labour-intensive time, a personal reason can be an illness of the employee," the legal experts describe.
As a rule, employees would have to take the transferred leave by March 31 of the following year.
It is also clear: "If the boss and the employee agree, then it is also possible to postpone the vacation."
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