Mandatory vacations at workplace

18 posts in this topic

Hi all,

 

the company I work for has stated that they will close for the last week of the year - nothing bad about that, actually it sounds great. But here comes the irky point, every employee has to take mandatory vacation time, of course from each individual "vacation account", i. e. the 30 days you get at the beginning of the year.

Are they allowed to do that? What if I don't want to take vacation during that week for X or Y reason?

And on top of that, what if I don't have left from my 30 days the required 5 days for this mandated vacation?

 

Any thoughts, evidence whether they can do that or not.

 

Thanks

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I think it's not unusual. I also had it in the UK - office was just closed between Christmas and NYr. Ultimately it depends on your contract (my UK one was something like "leave = 30 days made up of 26 of choice plus 4 that must be....") but you'd imagine that any sensible employer would match that with their business practice. If it in your contract, then you have accepted it - "what if I don't want to" is no issue.

 

Presumably if your office is closed, then that's it if work only takes place there. If you have any sort of "credit balance - time off in lieu" approach to time rceording then you could possibly rack them up before or after. And if you have truly flexible working arrangements when you do not have to be on site to work, then of course a boss might just let you get on and do what you want and rack up the hours in that time anyway. (I seem to recall that is what a lot of us in that UK job did).

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Yes, your employer can "force" the employees into vacation. Generally you cannot do much about it.

If the company you work for has a workers' council they will have to agree to it.

Maybe it is worth talking to your manager or HR and explain why you don't want to take your vacation then.

 

Betriebsferien (German)

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Mine is 26 + 4 I can't "choose". To be honest, I couldn't be happier about it working that way because I'd rather not be yet another employee who wants that week off if the company were to stay open.

 

I'm pretty sure if they're doing it company-wide it isn't a recommended issue to get into a pissing match about.

 

 

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Hi all,

 

As far as my contract reads, I don't see anything similar to "26+4 that should (or should not) be..."

I have been taking this forced vacations for the last 5 yeaers but this year happens that I have not enough days left in order to take the forced vacation. So I am a bit aprehensive about that and because XMas holidays fall on weekend on this year and our colleagues in Asia don't give a damn about Christian Holidays I was actually OK with working on those days. But now I am not sure...

 

Zefix, thanks for the pointer to the legalese.

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It seems to be the go here in the medical circles that you are forced to take holidays when the practice (private) is closed...from 30 days vacation, we had 25 days compulsory leave...and you guessed it...a week at Christmas, 3 weeks in the middle of summer holidays!! and one week at Easter...It was really shitty because everything is double or even triple the price during these times as it is school holidays...

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If the company is going to be shut down, it's unlikely you'll be able to work during that period. If your leave entitlement isn't enough to cover the 4 or 5 days between Christmas and New Year's, you should talk to your boss or your HR department to find out what happens. Maybe you can make it up by working some overtime until then, or they may make you deduct it from next year's leave.

 

But as Zefix's link says, Betriebsferien are certainly legal and, once approved by the works council, binding for all employees.

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I have been taking this forced vacations for the last 5 yeaers but this year happens that I have not enough days left in order to take the forced vacation.

 

Jesus, I got the impression from your first post that this thing was new to you. After 5 years one would think you would have gotten the hang on it. After 5 years one would think that you'd be able to just go to your boss and say "Hey Boss Dude, I don't have enough days to cover the compulsory holiday bit, can I work overtime or take it out of next years?". Seriously, do you people fall over and bang your heads on a regular basis too?

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Incidents like this - mandatory vacation over five years - without contradiction may constitute Gewohnheitsrecht, something that you have accepted for five years. You will find it very hard to fight such a regulation at this point in time.

 

You know about this regulation and didn't time your vacation accordingly - I don't think that your employer will show much sympathy if you ask for a break. The above advice (overtime and/or unpaid leave) is reasonable, speak to HR or your supervisor.

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HI all and thanks for your replies.

 

Well, it happens that in the last 5 years I have always had enough days left to take this forced vacation and never minded and never ever needed to check it out. And some of us have bosses that are more hard headed that a Moai statue.

Now regarding the lack of planning, don't be so hard and quick to judge, the reason that at the en end I don't have enough is that I had to take 2 weeks of unexpected and unplanned days off due to a decease in my family (Had to travel far away for it) and my employer and HR know it and they have yet not come up with an answer to my predicament.

 

Thanks to all that answered

 

Cheers

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If you lost people close to you, you are entitled to some paid special leave (Sonderurlaub).

This fact is based on § 616 BGB (Bürgerliches Gesetzbuch).

 

For special occasions like your own wedding or death of people close to you (family e.g. parent, PIL, siblings, children, etc.) your company may have regulations for paid special leaves, that will not be counted against your annual leave.

 

It's definately worth checking out with your HR department.

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Does anyone know whether the minimum mandatory amount of vacation days has increased to 30?  A friend told me that, but I have a feeling that's just for her place of employment.  

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I disagree, the German Bundesurlaubsgesetz (law covering employee's vacation) states a a minimum of 24 days.

A lot of companies will give you 30 days, sometmes depending on age or seniority.

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Actually the minimum is only 20 days based on a 5 day work week (4 weeks) but most employers give at least 24 days.  I worked at one manpower place that started off the first 6 months of the contract with 10 days and after that it was 24 per year.

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On 27.8.2010, 19:54:40, FigN said:

HI all and thanks for your replies.

 

Well, it happens that in the last 5 years I have always had enough days left to take this forced vacation and never minded and never ever needed to check it out. And some of us have bosses that are more hard headed that a Moai statue.

Now regarding the lack of planning, don't be so hard and quick to judge, the reason that at the en end I don't have enough is that I had to take 2 weeks of unexpected and unplanned days off due to a decease in my family (Had to travel far away for it) and my employer and HR know it and they have yet not come up with an answer to my predicament.

 

Thanks to all that answered

 

Cheers

 

Since I have come to this thread through checking out old posts from somebody currently posting, I am really curious to know what happened!

 

It really does sound like a bit of a predicament, so what happenend in the end? Did you work overtime to make up, or was it treated as a "special case", since you  had to go home for a funeral?

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14 hours ago, robinson100 said:

 

Since I have come to this thread through checking out old posts from somebody currently posting, I am really curious to know what happened!

 

It really does sound like a bit of a predicament, so what happenend in the end? Did you work overtime to make up, or was it treated as a "special case", since you  had to go home for a funeral?

In my company we have "Gleitzeit" and you can use the time that you have built up for "forced" vacations if you need to but only for up to 30 hrs.  Other than that you have to take unpaid vacation.  Some places might allow you to "borrow" vacation from the next year, but then that becomes a mess if you quit and messes up their accounting.

 

I had a friend who always had to take unpaid leave for Ramadan and could not swap that time for Christmas break.  Sucks, but what are you going to do if the doors are locked and the lights switched off?  

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