This is how you can enforce your vacation entitlement in the event of termination by your employer
The termination - a shock for every employee. Now it is important to keep calm and to legally check the termination and your claims from it. If it is permissible, you must protect your employee rights, which you still have. This also includes registering or registering your vacation entitlements. enforce. Because you are entitled to vacation - either as compensation for leisure time or in the form of compensation.
This is how you preserve your vacation entitlement
- Based on your total vacation, which is loud to you employment contract or the Federal Vacation Act Section 3, you must first calculate how many days the employer still has to grant you in the event of termination. If the employment contract does not contain anything, you are entitled to at least 24 days according to the Federal Leave Act. If you also work on Saturday, plan 6 days per vacation week. Because the Federal Holiday Act assumes a 6-day week. After that, you will effectively have a minimum vacation entitlement of 21 days for a 5-day work week. If the employment contract states 24 days of vacation and you only have a 5-day working week, it is effectively 24 days. You are entitled to one twelfth of the total vacation entitlement per calendar month. With a vacation entitlement of 24 days, this is 2 vacation days per calendar month.
- The vacation entitlement is generally to be taken within the calendar year and granted by the employer. You should therefore have the remaining vacation days approved immediately if the notice of termination has been issued or not. is legally effective. Either you apply for leave when your employment relationship expires or you take it within the time you have until you leave the company.
- The employer must approve the vacation entitlement, as you have a legal right to it and, if you cancel, you are bound by the expiry of the contract.
When does the employer have to pay out the vacation?
Are you unable to do that vacation at termination If the employer takes you before your employment contract expires, the employer is obliged to pay you the remaining days. This is common in the following cases:
- The order situation in the company requires your presence until the last working day.
- The sick leave at the company forces the employer not to approve your vacation.
- The employer approved the vacation entitlement. However, you will get sick within the authorized vacation time and will no longer be able to use it.
Anyone who receives a notice of termination must safeguard their legal claims against the company and ...
Instead of vacation entitlement - employers have to pay this upon termination
In principle, you should claim the leave compensation as a gross amount. Because if your employer pays the net amount and does not pay income tax on it, the tax office will stick to you. Then you are obliged to pay benefits and have to transfer the money from the compensation you received for your vacation entitlement. That is why it is safer if you give notice to your employer in writing what gross amount he has to pay you as vacation compensation and pay the wage tax and / or payroll taxes. Social security contributions yourself. An example illustrates how you proceed step-by-step in the event of termination and compensation for vacation entitlement by the employer:
- Determine remaining vacation: According to the employment contract, you are entitled to 24 vacation days per calendar year and you were employed at the company 5 days per week throughout the year. Then the boss has to approve 2 working days per month or pay out the remaining amount. For example, could you B. If you only take 3 days off, you have 21 days left.
- Determine vacation value: You determine the daily rate based on your gross wage. To do this, divide the gross annual earnings (excluding special payments) by 52 calendar weeks. You divide the result by the number of working days per week. If your gross wage according to the employment contract is e.g. B. 3173 euros per month, that results in a daily rate of 146.45 euros per vacation day. Example calculation: 3173 euros x 12 months = 38,076 euros gross annual earnings. Divided by 52 (calendar weeks) = 732.23 euros weekly earnings. Divided by 5 (weekly working days) = 146.45 euros daily earnings (gross) - your entitlement per vacation day.
- Calculate vacation compensation: Multiply the calculated vacation value by the number of remaining vacation days that you are still entitled to. At 146.45 euros per day of leave and 21 days of remaining leave, this results in a gross amount of 3075.37 euros as remuneration for the leave entitlement.
- Claim for payment: Let your employer know in writing that he has given you the last salary respectively. Salary should transfer the vacation compensation. In the example case, therefore, 3075.37 euros. If the earnings have already been paid, give them a deadline of 1-2 weeks.
- If necessary, file a lawsuit: If your employer is reluctant to accept the compensation resulting from the termination To claim vacation, you should file a lawsuit with the labor court and the money through the courts demand.