As of: January 22, 2024, 4:48 a.m
By: Anne Hund
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Many companies want to plan the upcoming vacation year well in advance.
(Symbolic image/photomontage) © Bihlmayerfotografie/Imago
The upcoming holiday year needs to be planned in good time.
When can or should the respective vacation days be taken?
Vacation is about relaxation.
This is regulated by the Federal Holiday Act.
In 1963, the Federal Holiday Act came into force in the Federal Republic of Germany, as the Federal Agency for Civic Education recalled on its website.
Accordingly, employees are entitled to at least 24 working days of vacation per year.
Correspondingly higher vacation entitlements can be agreed in collective agreements and employment contracts.
According to ZDF info
on Instagram,
the basic regulations of the Federal Holiday Act, which was announced 61 years ago, are still valid
quite general - they also look at the current situation, for example when it comes to holiday wishes.
What counts?
Vacation planning: Do you have to decide at work at the beginning of the year?
According to Section 7 of the Federal Vacation Act, employers must take employees' vacation requests into account.
Unless urgent operational concerns conflict with this.
However, the employer can certainly demand that employees plan their vacation requests well in advance, as the German Press Agency (dpa) reported.
“However, this obligation cannot cover the entire annual vacation,” explained labor law specialist Jürgen Markowski, according to the dpa.
Employees would still have to be able to reserve a certain number of vacation days for unforeseen cases.
“How much that can be depends on the circumstances and operational requirements.”
What applies to the payment of vacation days?
The respective vacation days must generally be taken in the current calendar year.
A transfer is legally possible until March 31 of the following year, or longer in consultation with the employer.
Any remaining vacation that has not been taken by then will be forfeited, as the dpa also reported elsewhere, provided that the employer has previously informed the employee in good time of the impending loss of vacation.
However, there are exceptions: If employees are no longer able to take vacation due to the termination of the employment relationship, the vacation must be compensated in money, according to the report.
The amount is then calculated based on the average earnings in the last thirteen weeks before the start of the vacation.
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Right to vacation during school holidays?
Especially in the summer months, there is often overlap in employees' vacation wishes.
If several employees wanted to take vacation at the same time, typically during the school holidays, bosses would have to make a social selection, Stiftung Warentest explained in an article
on
Test.de.
“As a rule, they will give preference to employees who have school-age children,” it says.
But it's not just parents who could have priority in case of doubt - more information on the legal situation.
It is easiest if all employees agree on a mutual agreement.
The so-called bridging days also play a role for many employees when planning their vacation.
Here is an overview of the holidays and possible bridge days in 2024.