Recreation holiday: All rights and duties at a glance

Summer time is vacation time . Offices and other workstations are surprisingly empty, everything seems to be a little quieter and more relaxed, but sometimes takes a little longer if some of the staff travel at the same time. Some enjoy the whole year on their well-deserved holiday . Finally, stop thinking about work for a while , leave the stress behind and relax at home or on a journey. So that you can really enjoy your vacation and know what you deserve and what you need to look out for, we have compiled the most important information, rights and obligations and answered the most common questions. Everything you need to know for a relaxing holiday ...

Recreation holiday: All rights and duties at a glance

Table of Contents: That's what you'll find in this article

Recreation: A statutory right to regeneration
How many days of vacation are I entitled to?
Relaxing vacation: When is the claim?
Vacation: Can I take a vacation whenever I need it?
Recreation holidays must be requested and granted
Can the boss revoke and cancel a vacation?
Relaxation: What to do if I get sick?
Even more tips & advice on vacation

Recreation: A statutory right to regeneration
As an employee, you are in any case entitled to a relaxing holiday. This claim is set out in § 1 of the Federal Holiday Act (BUrlG) , which states unequivocally. Every employee is entitled to paid recreational leave in each calendar year. This right also applies to apprentices, volunteers or employee-like persons, which may include self-employed or freelancers .

This claim can not be shaken, but the exact design of the holiday depends on the individual case and can sometimes differ significantly from each other. However, there is an important commonality in every case: the term recreational holiday is quite serious and literally understand. Your holiday entitlement serves the regeneration of stress and effort.

Therefore, the Federal Holiday Law also regulates that gainful employment , which is in the way of the purpose of the holiday - ie the recovery - are prohibited. They should use the time to regain their strength, to look after themselves and to pay attention to their health. In another job these criteria do not work. This is for your protection and is also in the interests of your employer.

After all, you should come back fresh and motivated after your recovery, and not work your way through the job the first day after the break.

In addition, every employee is entitled to paid holiday leave, so the holidays do not affect your salary. Even if you take your entire holiday at one go, you are entitled to the continued payment of your holiday pay your full salary.

How many days of vacation are I entitled to?
The most important question that everyone has on their lips when it comes to recreational holidays: How much relaxing holidays do I have to spend each year? Of that, a lot depends on it. On what occasions is your own holiday used and how long can the recovery holiday be canceled in each case in order to be able to take off for all important opportunities?

Of course, the Federal holiday law also regulates the duration of the holiday , but it can be confusing here. Because in § 3 BUrlG states: The holiday is at least 24 working days a year. What sounds clear at first glance, is not.

A minimum of 24 working days is valid for a 6-day week. However, since this does not apply to all employees, the claim varies as well. It is better, therefore, you remember a simple context: The duration of your holiday is at least four weeks a year. Mind you are working weeks.

In concrete terms : At 5 working days per week you are entitled to at least 20 days of recreational leave, for example working part-time with only 3 days a week, you are still entitled to at least 12 days of recreational leave.

This minimum leave may not be fallen short of, by regulations in the employment contract, in the collective agreement or a company agreement, however, can be determined quite a long holiday .

In addition, the entitlement to a relaxing holiday can also be influenced by other factors. For example, severely disabled workers are entitled to five days' extra leave . Likewise, age can play a role. Adolescents up to the age of 16 are entitled to at least 30 days' recreation leave; up to 17 years, this is still at least 27 working days and under 18 year olds are at least 25 days off.

Relaxing vacation: When is the claim?
Recreation holiday Germany legal regulation employment law claim part timeAnyone who has signed an employment contract and starts a new job is often faced with the question of when can leave at all and how long is the holiday entitlement in the first time. In principle, the full vacation entitlement comes into effect after a waiting period of six months . However, that does not mean that you can not take a vacation in the first six months of employment.

Before the waiting period of six months has passed, you are entitled to one-twelfth of annual leave per full month of employment according to § 5 (1a) of the BUrlG . If you are theoretically entitled to a 24-day holiday, you could take a vacation for six days after three months. It gets a bit more complicated if the bill does not go so smoothly.

With 20 vacation days per year, you will earn 1.66 days of recreational leave per month in the first six months. As it is almost impossible to take off 0.66 holiday days, the following applies: Claims for recreational leave that result in at least half a day must be rounded up .

Vacation: Can I take a vacation whenever I need it?
As an employee, you understandably want to decide as freely as possible about your vacation . You do not want to be restricted in your planning and if you need a free day, you want to get it. It can work the same way, run wonderfully smoothly and make everyone happy - but it does not necessarily have to.

The good news first: Your employer is legally obliged to consider your holiday wishes . If you are looking for a relaxing holiday for a certain time, your boss or the human resources department must keep an eye on this in the planning and may not deliberately put obstacles in your way. However, section 7 (1) of the BUrlG also mentions options that could lead to your holiday not being approved .

Urgent business concerns
Your recreational holiday can be refused for a certain time if there are reasonable and urgent operational reasons. This can be, for example, a threatening shortage of personnel in a particularly important and high-order period. For example, a seller might have difficulty getting a vacation in the run-up to Christmas, as this is traditionally the absolute peak and highest-selling time of the year.

Holiday wishes of other workers
This is not about simply having a colleague wanting to take a relaxing vacation with you at the same time. Decisive are rather the social aspects in the consideration of vacation wishes. The most common case is employees with children. During vacations, these should be taken into particular consideration when making a holiday and are preferred to childless employees.

However, you are entitled to a connected vacation , so your boss can not expect you to use your entire holiday in a few days. In order to be free for a longer period of time, to really recover and regenerate, or to go on vacation, part of your recreational leave must be granted on at least 12 consecutive working days .

Recreation holidays must be requested and granted
To be able to take your vacation without any problems, you must apply for it with the employer . Depending on the company, there are different regulations, and you can be sure of doing so if you state in writing from when to when you want to take your time off. If in doubt, you always have something in your hand that you can use as a receipt.

However, the application alone is not enough to simply vacation. Your employer must also approve it and agree that you can really stay away from work at the specified time. If you do so without permission, such a self-leave may result in a warning or even lead to termination . Also, your boss may refuse to pay you salary if you take a leave of absence, do not come to work illegally and without excuse and do not perform your contracted work.

This is true even if your application for rest vacation has been unlawfully rejected . Although such problems are the exception and an indication of a very bad working climate , in case of doubt you have no choice but to sue for your rest vacation before the Labor Court.

Can the boss revoke and cancel a vacation?
With the consent to a relaxing holiday in the bag, the break from work is actually nothing in the way. Actually, because there is a way in which a company can revoke an employee's holiday .

Normally, you do not need to be afraid of it, as there are really serious and momentous reasons to justify a withdrawal of recreational leave, which is almost never to be found in practice and is an absolute exception. There must already be a threat to the survival of the company in order to once again deny workers an already approved vacation.

Once you are on vacation, you do not have to be reachable - unless otherwise agreed in advance. If you follow a recall by the employer on vacation, it will be by mutual agreement and voluntarily. In this case, you will be reimbursed and entitled to make the holiday at another time.

Relaxation: What to do if I get sick?
Recreation holiday Germany illness weekend employment lawIt is the situation that nobody wishes, but it happens too often. You are waiting for a feeling of eternity on your recreational holiday, have finally released and then get sick. Gone is the idea of ​​rest, instead you lie in bed or spend time with the doctor. Great holiday you have certainly imagined differently. However, that may not be as bad as you feared. You still have to sit out the illness, but your holiday entitlement does not have to suffer .

This is governed by § 9 BUrlG, which states that if an employee falls ill while on vacation, the days of incapacity for work shown on the basis of a medical certificate are not counted towards the annual leave. The reason for this regulation is the purpose of free time: recreation . Anyone who is ill does a lot, but recovery does not count.

If you go to the doctor on a vacation , you have to have a sick leave and can tell this to your employer. So these days will not count towards the duration of your holiday entitlement and can be taken as a holiday later in the year.


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