In order to recover and something like that Distance from the often stressful working day to take a vacation, the legislator in Germany grants to every employee grant you a certain amount of vacation. The Minimum requirements for this are in the Federal Leave Act (BUrlG). Before vacation-mature employees can start into the well-deserved vacation, however, it requires a approval of the desired period by the employer.
Is the employer allowed to take me off vacation just like that??
But what if this changes his mind afterwards and wants you to but show up for work, even though he gave the leave request has already agreed? Is your boss then allowed to simply get out of vacation? Does labor law permit a such a procedure?
Briefly& scarce: Is the boss allowed to take me out of vacation according to labor law?
Basically, employers are not allowed to bring their employees back from vacation.
According to labor law, the possibility of taking employees out of vacation exists only in absolutely exceptional cases. This requires urgent operational reasons. Read more here.
Yes, the employee concerned must be reimbursed for the vacation days not taken. In addition, the employer must pay any costs incurred by the person concerned due to the cancellation of the vacation. Last but not least, he or she must be paid regularly for the time worked.
In the guide, you can read what the law says about a possible vacation interruption by the employer states which Reasons must be present for it and what you are entitled to, if your boss unceremoniously has taken you out of vacation.
Is there a legal regulation for the desired interruption of vacation??
According to labor law, taking an employee off vacation is only possible if there are urgent operational reasons.
The option to take To take employees out of the vacation, exists in labor law only conditionally. Has the boss the recreational leave first approved and the employee concerned is informed of his or her decision, it is usually also tied to it and can his opinion not change again on a whim.
The federal vacation law contains does not contain any regulations on the requirement of an interruption of leave by the employer. Since an Ruling of the Federal Labor Court (BAG) of the 20.06.2000 the Excludes constant on-call availability during leave (Az.9 AZR 405/99), the possibility of doing this in a Collective agreement or employment contract to agree, also away.
What are the reasons that justify the termination of leave by the employer?
Should a Leave interruption for operational reasons occur, then these must be serious his. There is no question that here the Opinions of employer and employee partly drastically differ, what the Urgency concerns. The following Reasons could make the employee’s wish to taking workers out of vacation, justified according to labor law:
- The Existence of the farm is endangered
- There is no alternatives to the vacation interruption (no replacement could be found, etc.)
If the boss has taken an employee out of vacation, he must compensate him for those.
Important: If an employee is called out of vacation, he must be given the be credited with days that he could not take, so that he can other time can take up.
For the time worked he must are paid as usual. In addition, the boss must Any costs take over, which is related to the Leave abortion interrelated.