Take advantage of vacation entitlement in gastronomy
Do you work in gastronomy and wonder how much vacation you are entitled to because you also have to work on Sundays and public holidays? Perhaps you don't have a written contract and would like to find out more about your vacation? Read here how you can use your vacation entitlement in gastronomy.
The statutory vacation entitlement also for the catering industry
- Employees who are employed are generally entitled to paid vacation leave in one calendar year.
- The legal minimum entitlement to vacation is 24 working days. This also applies to gastronomy.
- Business days are the days that are not Sundays or public holidays.
- Saturday is counted as a working day. If the working time do not affect all working days in the week (6 days), the vacation entitlement must be converted into working days. According to the law, a 5-day week results in a minimum vacation entitlement of 20 days.
Make your claim for a vacation in gastronomy
- A prerequisite for your vacation entitlement also in the catering industry is the existence of an employment contract. This also applies to part-time, vocational training and marginal employment.
- You acquire the full vacation entitlement after a waiting period of 6 months. After every month you work, you earn one twelfth of the annual entitlement.
- You can have yours vacation do not decide independently without the consent of your employer. The employer determines your vacation leave taking into account your wishes.
- In principle, your employer must comply with your vacation requirements. Sometimes, however, he can refuse your vacation entitlement. The reasons for this are important operational issues such as unexpected new orders, staff shortages, season and campaign times, as well as completion and inventory work. He can also refuse your vacation request if he has to take other employees into account from a social point of view, e.g. B. a single parent has to give vacation holidays.
- In principle, you should pay off your vacation entitlement in the respective calendar year. If that is not possible, you can carry over your vacation to the next calendar year. Then he must, however, by 31.3. of the following year, otherwise it will expire without replacement.
- If you do not have a written contract, the legal minimum number according to the Federal Holiday Act and weekly working days must be assumed. However, in order to avoid misunderstandings, you should ask for a written contract.
- Apply in gastronomy Collective agreementswhich often stipulate better conditions than the minimum legal requirements. Of the German hotel and restaurant association of the state and the Union Food Indulgence Restaurants inform about the current tariff regulations.
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