Can employers prescribe vacation?

Starting point, to what extent the employer vacation may prescribe is § 7 I. Federal Leave Act.

Employers must take social issues into account

• The law states that the employer must take into account the vacation wishes of his employees when determining the time of vacation. This means that the vacation is generally determined by the employer. However, the employer is not completely free in his decision.
• The law also requires the employer to take into account the employee's personal wishes when setting the vacation, in particular in relation to operational issues and taking into account the vacation wishes of other employees got to. In particular, social concerns of the employee count (compulsory schooling for children, single parent). The employee can also request leave after illness.

Vacation is for relaxation

• It should be noted that annual leave is vacation leave. The purpose of vacation leave is that the employee recovers from the stress of his work and is able to regenerate his workforce in the interests of the employer.
• Naturally, it is best to recover in the summer months. The leisure and thus the recreational opportunities are also better organized than in other months. In this respect, the employer must also take these interests into account.


Compulsory leave by employers - you have to accept that

Vacation days are the most beautiful days of the year. This should also include the freedom ...

Even during company holidays, the boss is not allowed to dictate everything

• Urgent matters, according to which the employer may also prescribe vacation, are company holidays. For a teacher, that goes without saying. The same applies to seasonal operations (amusement park, swimming pools). Company holidays are usually arranged primarily in production-intensive companies (car manufacturers).
• If the employer orders company holidays, however, he cannot stipulate the entire annual holiday. In this case, contrary to the provisions of the Federal Holiday Act, he would in fact not take into account the social interests of the employee. There would no longer be any balancing of interests at all. In this respect, the employer can only stipulate part of the annual leave.

In general: the sooner an employee is replaceable or dispensable in the company, the less the employer has the need to unilaterally stipulate the vacation. The stronger the employer's justified interest, the more likely it is that the employee's interest has to recede. However, interests must always be weighed up. If necessary, a personal conversation can help.