“I have the right” in Germany: The correct calculation of vacation for an employee


– Hello, the editorial board of MK-Compatriot!

Due to the pandemic, the situation at the company is tough. The company loses orders, which begins to threaten with layoffs, despite the help from the state. The employees who came last are “under fire”. But, in fact, foreigners are fired, hoping that they do not know their rights. Recently, my boss hinted to me that if I do not work on the project, not only during the agreed time, but also overtime (not counting on additional payments), then the situation may be dire for me.

Explain, please, if I am facing dismissal, how is the issue of leave being resolved?

Eugenia T., Dortmund

– If you want to take leave of absence upon dismissal, the decisive factor is when the employment relationship ends: in the first or second half of the year. If the letter of resignation is filed before June 30 inclusive, the employee is entitled to one-twelfth annual leave for each full month of work. It is important to remember that this calculation only applies if you did not take a vacation prior to leaving the company this year.

However, if the employment relationship ends only in the second half of the year, then the rules on partial leave no longer apply. Instead, the statutory minimum annual leave applies. Therefore, if you leave, you are entitled to at least 20 days of remaining leave over a standard five-day week.

If in the employment contract you have agreed on more leave than the minimum required by law, then usually the clause “pro rata temporis” may be included in the contract. This refers to the fact that the remaining leave should only be granted on the basis of the hours actually worked. This clause is valid upon termination of employment in the second half of the year, with the amendment that in total, the residual leave calculated for the year must not be less than the minimum annual leave.

All this applies only if the employment relationship already existed on January 1 of the current year, and, accordingly, the full right to vacation could be obtained.

Kseniya A CIRCLE, advocate,

Grabenstrasse 11 a, 40213 Düsseldorf,

[email protected],

0211-542 13820, 0178-295 2201,

www.krug-recht.de.

Germany says this:

Federal state toughens restrictive measures from 04 January

Should the boss tell which colleague got the vaccine?

Over one hundred million COVID-19 infections in Europe

Reduction of the quarantine period – for whom and by how much


Source: Все материалы – Московский Комсомолец by www.mknews.de.

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