Paid Holiday entitlement

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I am about to start a part time job in Germany, the contract doesnt say anything about any holiday entitlement, I queried this and was told I would not be getting any paid holidays, It is a April to October position, 25 hours per week, I would have thought some pro rata holiday would be included, can anyone enlighten me, any advise welcome.

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To my knowledge mini/ part time jobs do not have such benefits, only full time.

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Nope, a minimum of 24 workdays of paid Urlaub is guaranteed for every employee, also for part-time work or 400 € jobs. Depending on whether the workweek in the company is 5 or 6 days, with 24 days you get 4 or nearly 5 weeks of actual Urlaub.

 

With a contract of half a year (?), the OP is entitled to Teilurlaub. For each completed month of work, it's 1/12 of the yearly holiday. So if he has been in the job for 4 months and there's a total of 30 yearly Urlaubstage, it is 30:12 X 4 = 10 days. See Informationen zum Urlaub and Arbeitsrecht bei 400 €.

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However, if there's no provision, it's the legal minimum of 2.0 work days per month worked, downsized to the worktime.

 

With 25 hours, you'd count as half-time, meaning 1.0 work days per month worked. 7 Months (Apr to Oct) makes it 7.0 days. Whole thing times 5/6 due to Saturdays counting, and you have 5 full days of paid vacation to take during the week.

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I can make that a little more complicated. ;) If a part-time worker works every day of the work week (5 or 6 days), he/she gets the same number of days off as a full-time worker. If it's only say 3 days of the week, this has to be put into relation to the work week, for example 3:5, so the 3-day part-timer would get 60% of the holidays of full-time workers.

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Well, technically for 3 days/week it would be 3:6, while a "fulltime worker" nowadays gets 5:6 of the "full" vacation.

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Bundesurlaubsgesetz = JEDER Arbeitnehmer hat in jeden Kalenderjahr Anspruch auf bezahlten Urlaub.

That means everyone, also part time employees have a right to paid vacation for every full month they are employed, a minimum of 2 days. But if your working week is 6 days then you must divide the number of days accumulated by 6 to give you the number of weeks you are entitled to. That means if you take one week off 6 days will be deducted from your total accumulated holiday time

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Wife had a € 400 job and things got messy with her employer.I dictated the law to him that she was entitled to holidays.He said that no one gets holidays on a € 400 job.Threatened with a lawyer,she got 22 days holiday paid out and 2 months wages because he sacked.Strange thing was he banned me from the butchers shop where she worked.Been banned from many places but a buthcers shop was a first for me

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I started a mini job last month with EDEKA stocking shelves. I hadn’t received a contract for this job so my Wife (she’s native German and my language skills are not the best yet) and I spoke with the manager and he said that there is no contract for 450€ jobs and no paid Vacation or Sick leave. My wife said that doesn’t sound right as her and I both have worked mini jobs before and had those benefits in our contracts. He said he would talk with the owner of the store and get back to us. That was the week before last and we haven’t heard anything. I am worried that they are going to try and get rid of me somehow now because we want that contract with the benefits. To my understanding, they MUST give those benefits. But I don’t know if they can get rid of me for no reason now since I’ve been working there for less than 3 months. I’m not clear on what my options are.

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For any job a written contract is not required by law, but highly recommend as it sets out the rights for both sides clearly.

 

In regards to holidays etc. then you are right, as a mini-jobber then you are entitled to the same benefits as a full time employee at the location.

 

This flyer explains things in English:

https://www.minijob-zentrale.de/SharedDocs/Downloads/DE/Fremdsprachen/privat/03_19906_informationen_fuer_an_englisch.pdf?__blob=publicationFile&v=3

 

 

Two key points are:

 

Quote

Equal treatment principle

Mini-jobbers are not to be treated less favourably that comparable full-time employees. Should full-time employees receive special payments such as a Christmas gratification for example, then a mini-jobber is also entitled to a gratification proportional to his hours of work.

 

 

Quote

Annual holidays

Each employee is also entitled to paid annual holidays during a mini-job. If the mini-jobber should work six days per week, his minimum annual holidays entitlement is four weeks or 24 workdays. If the working week should be shorter, the holidays entitlement is calculated using the following formula:

 

(see flyer)

 

 

 

 

 

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Is there a link to a government agency I can contact if they continue to not give me my paid vacation and sick leave? In English preferably but German is ok too. Or maybe also a law firm that specializes in this area? 

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3 hours ago, Regina Bee said:

Is there a link to a government agency I can contact if they continue to not give me my paid vacation and sick leave? In English preferably but German is ok too. Or maybe also a law firm that specializes in this area? 

 

The Bundesgentur für Arbeit are the responsible government agency. Their local public offices are operated under the misnomer of JobCenter. There are more than one in Hamburg so, to find the one responsible for you, you will need to put your PLZ and city name into their nationwide search tool.

 

Start page - www.arbeitsagentur.de

 

Working in Germany - www.arbeitsagentur.de

 

To find a law firm which specializes in this field you need to use the appropriate search tool (mentioned in the following linked sticky thread), insert the term 'Arbeitsrecht' in the 1st box, your PLZ and city in the 2nd box and, in the next row, select from the 1st dropdown menu 'Arbeitsrecht' and under 'Fremdsprache' select Englisch then click on the 'Suche starten' button for list of lawyers. Check out the full profiles of each of the ones on the list so you can compare other fctors like additional qualifications or convenience of location, etc..

How to get legal advice or representation in court if you have limited means or a low income.

(Click on the title to go to that thread)

 

HTH

 

2B

 

 
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A place where I worked gave the mini jobbers sick leave as well as vacation in proportion, for example, if the minimum holiday entitlement is 20 days based on a 5 day week, a person who only works 3 days a week should also get 4 weeks vacation although in their case, a 4 week vacation is only 12 days.

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