Enforce vacation entitlement in the event of termination by employees
When someone gets a resignation, it usually starts with an attempt to enforce their vacation entitlement. But it does not look any different if the vacation entitlement is to be enforced in the event of termination by the employee. It often happens that the employer either questions the claim or does not want to grant it for operational reasons.
What you need:
- Vacation entitlement in the event of self-resignation
In principle, every employee is entitled to annual vacation leave. It looks no different if, for example, you have quit and still have a remainder vacation is open. This is what you should keep in mind when using your termination so that there are no subsequent disputes when it comes to the vacation entitlement in the event of termination by the employee.
There is also an entitlement to vacation in the event of termination by the employee
- In principle, every employee is entitled to vacation leave after a waiting period. However, this is granted in different amounts. Under no circumstances may he fall short of the statutory vacation entitlement, not even when it comes to vacation entitlement in the event of termination by the employee.
- Before you set up your notice of termination, you should therefore find out how much vacation you are entitled to and how much of it is still open. The best way to see this is by looking at your employment contract and your pay slips.
- In your notice of termination, you should inform your employer of the leave that is still open and ask him to inform you to what extent this leave can be taken during the notice period.
- Often such remaining leave cannot be granted for operational reasons. In this case, the employer is obliged to compensate for this remaining vacation in cash. However, this option is always the last resort, as the legislature prescribes that vacation must generally be granted.
- So that there are no differences on the subject of vacation entitlement in the event of a termination by the employee, it is best to submit your termination personally and talk to your employer. In most cases, an amicable settlement will then be reached.
Anyone who receives a notice of termination must safeguard their legal claims against the company and ...
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