As of: February 1, 2024, 7:30 a.m
By: Marco Blanco Ucles
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Once your vacation has been approved by your employer, there is almost no possibility that it can be canceled.
There is an exception.
At the beginning of the year it is time in most companies for employees to apply for vacation for the next twelve months so that the company can plan properly.
The employer cannot always respond to your wishes as an employee and must avoid staff shortages in the individual departments.
But what happens if the employee only realizes after your vacation has been approved that he actually needs you during this time?
In this unfortunate case, the company's hands are tied - at least almost always.
Event that threatens the existence of the company is the only exception
The German Federation of Trade Unions (DGB) clarifies in which exceptional cases the employer can cancel the vacation that has already been approved: “Once the employer has approved the vacation, he is bound by his consent and cannot revoke it.
An exception to this rule is only possible in absolute emergencies, i.e. in the event of an unforeseeable event that threatens the existence of the company.”
Bad news: Can the boss cancel your already approved vacation?
© Panthermedia/IMAGO
Unforeseeable staff shortages alone are not enough to cancel your vacation again.
“The employer is obliged to examine all alternatives in order to solve the problem of personnel shortages,” explains the “Generali” insurance company.
In addition: If the company has a works council, it must first agree to the revocation of the vacation.
By the way, your vacation days will not be lost even if you change jobs.
Don't miss out: You can find everything about jobs and careers in the career newsletter from our partner Merkur.de.
If the previously approved vacation is legally withdrawn, the question of costs often remains if you had already booked the vacation.
As an employee, you can breathe a sigh of relief in this regard, emphasizes the “
labor rights
” portal: “If the employer cancels your vacation, he must reimburse you for all costs incurred - such as cancellation fees - and, if in doubt, also for family members.
You can also bill your employer for additional costs incurred as a result of postponing your vacation.
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And what about when you've already started your vacation?
Then you are on the safe side.
Under no circumstances may an employer bring you back from a vacation that has already begun.
You are also not obliged to be reachable by your employer while on holiday or to provide your holiday address.
Provisions in your employment contract that require you to cancel your vacation if necessary are also legally invalid - this was decided by the Federal Labor Court.