Resigning and taking the rest of your holidays

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If an employee works until July and resign the job, can (s)he take all the annual leave for that year?

 

I heard that there is a law about this, but could not get hold of it.

 

Any help is very much appreciated.

 

Cheers

masaka

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There is no "annual leave taking" for year by law. Certainly all the places I know (both here in Germany and in the US), your vacation doesn't dump in your lap on the first day of the year— it is accrued at the theoretical rate of hours or days per pay period. Otherwise one could quit January first with 6 weeks vacation, nja?

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@gail123

 

you get roughly two days holiday per month (at least in Germany). IF you quit before june, you can take only what you accumulated. But I heard, if you work for more than 6 months, you are entitled to take all the holidays.

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Then you heard wrong, masaka. You are entitled to the prorated leave you have earned until your separation date. No more, no less.

 

And if you got an "Urlaubsgeld" bonus at the end of May, they're probably going to take it back (or deduct it from your last paycheck).

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Bundesurlaubsgesetz

 

§ 5

Teilurlaub

(1) Anspruch auf ein Zwölftel des Jahresurlaubs für jeden vollen Monat des Bestehens des Arbeitsverhältnisses hat der Arbeitnehmer

 

a) für Zeiten eines Kalenderjahres, für die er wegen Nichterfüllung der Wartezeit in diesem Kalenderjahr keinen vollen Urlaubsanspruch erwirbt;

B) wenn er vor erfüllter Wartezeit aus dem Arbeitsverhältnis ausscheidet;

c) wenn er nach erfüllter Wartezeit in der ersten Hälfte eines Kalenderjahres aus dem Arbeitsverhältnis ausscheidet.

You a) are entitled to 1/12 of your annual leave per month of the duration of the employment, B) even if you did not work long enough to gain permission of leave, c) if you leave after fulfilling such permission period and after having worked the first half of a calendar year.

 

 

 

§ 7

Zeitpunkt, Übertragbarkeit und Abgeltung des Urlaubs

(4) Kann der Urlaub wegen Beendigung des Arbeitsverhältnisses ganz oder teilweise nicht mehr gewährt werden, so ist er abzugelten.

If you cannot take your accrued leave before the end of your termination period you are entitled to payment in lieu of vacation days. The boss can demand that you take your vacation days before leaving.

 

You are not entitled to your full annual vacation if you did not work for twelve consecutive months.

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Thanks for the clarification El Jeffo and sarabyrd.

 

I got confused with the following rule.

 

 

Nach § 5 Abs. 1 c) BUrlG vermindert sich der Vollurlaubsanspruch nach erfüllter Wartezeit um ein Zwölftel des Jahresurlaubs für jeden vollen Monat, wenn der Arbeitnehmer in der ersten Hälfte eines Kalenderjahres aus dem Arbeitsverhältnis ausscheidet.

An employee can have the full annual leave if (s)he worked more than 6 months in a year. This is valid only if the employment is still active, not when quitting the job

 

Cheers

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Interesting question. And interesting (yet unsurprising) answers.

 

What about the Xmas bonus? (or Urlaubsgeld). A colleague of mine changed her contract last year in October/November and the company lawyer forced her to quit and sign a new contract. By the time xmas comes around, they tell her "sorry, you're not gettin a xmas bonus, because you have only been working here for 2 months". On basis of the old contract, she also didn't receive the xmas bonus, since "she was no longer employed" during December...

 

This seems incredibly unfair, no? I would be interested to hear from some of you people, who are incredibly knowledgeable about these things, whether this is legally correct.

 

Thank you!

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Employers are under no obligation to give a Christmas bonus anway. It's entirely optional.

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Interesting question. And interesting (yet unsurprising) answers.

 

What about the Xmas bonus? (or Urlaubsgeld). A colleague of mine changed her contract last year in October/November and the company lawyer forced her to quit and sign a new contract. By the time xmas comes around, they tell her "sorry, you're not gettin a xmas bonus, because you have only been working here for 2 months". On basis of the old contract, she also didn't receive the xmas bonus, since "she was no longer employed" during December...

 

This seems incredibly unfair, no? I would be interested to hear from some of you people, who are incredibly knowledgeable about these things, whether this is legally correct.

 

Thank you!

 

[default]What does the employment agreement say?[/default]

*remember, legal is not moral and vice versa*

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It's not really a bonus, the payment is actually included in the contract (it's the 12.5th month: we do not receive Urlaubsgeld).

 

@Sarabyrd: I think my colleague was too intimidated by the company lawyer to go to the employment agency. I was simply reminded of the situation by this thread, and wondered whether anyone knew anything about it...

 

Thanks though!

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Hi All,

 

I am going to reactivate the old thread. I am in same kind of situation. I have got a new job in EU outside Germany. I am working under a 2 years contract of TVÖD which is going to end at 31st Dec 2012 (so I have been working here for almost one and half years). I also have got about 24 annual leaves left for this year and about 6 days of gleitzeit. I have to give a notice period of six weeks ( I suppose, as I have read it in the law). So can I take these all 30 holiday all together or only 12 holidays (if I give resign in June)? Also what about this gleitzeit period? Will they give me option of taking holidays for this (which normally is the case but I am not sure how would they act in case of resignation)?

 

Any knowledge sharing is highly appreciated.

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you are always entitled to vacation days - at a minimum; the amount you have earned or in special cases; all (year).

 

the fact you have a resignation period (6 weeks, 3 months et al) is to protect the company's best interest when you decide to leave so you do not just walk out (ie: have no period of time to provide hand over of information et al). this is why it is completely OPTIONAL for a company to ask you to take your vacation as part of your resignation period. if they need you to stay; they can force you to work the complete resignation period - however, at the end; all unpaid vacation days are to be paid to you as a "bonus" on your departure.

 

the bottom line is you get all earned vacation, regardless. you may need to work the complete period of your resignation however.

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PS: gleitzeit - use em now; because they typically are not contractually binding (and documented). you'll have a hard time claiming them (normally called "time in leu" - or hours you put extra and expect to get later as time off from work)

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If you are resigning in June and leaving end July (my guess from what you've written, but it's not clear), it's not clear to me how you would have 24 days' leave left. If you have 30 days allowance for the entire year, that would give you proportionally 17.5 by end July. Are you assuming you have the entire annual leave no matter when you resign? That won't be the case.

 

The only way I could see that a calculation of 24 days wuold be right is if you carried over leave days from 2011. But then you'd need to check if they are still valid, as in many companies, annual leave not taken by a certain date, often 31 March of the follownig year, is cancelled, to stop employees from savnig up huge amounts of days.

 

Whatever amount is actually due to you, you are entitled to take it before you leave - not sure what happens about Gleitzeit though - I don't think they are obliged to let you have this off in lieu, but not certain.

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If you are resigning in June and leaving end July (my guess from what you've written, but it's not clear), it's not clear to me how you would have 24 days' leave left. If you have 30 days allowance for the entire year, that would give you proportionally 17.5 by end July. Are you assuming you have the entire annual leave no matter when you resign? That won't be the case.

Yes I was referring to all of the remaining leaves for this year.

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PS: gleitzeit - use em now; because they typically are not contractually binding (and documented). you'll have a hard time claiming them (normally called "time in leu" - or hours you put extra and expect to get later as time off from work)

@ardiri: Thanks a lot for the suggestion

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You will only be eligible for a portion of the yearly leave unless you stay at the company until 31 December 2012.

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PS: gleitzeit - use em now; because they typically are not contractually binding (and documented). you'll have a hard time claiming them (normally called "time in leu" - or hours you put extra and expect to get later as time off from work)

 

Actually in most cases the "Gleitzeit" most certainly is contractually binding because its either in the Tarifvertrag or a Betriebsvereinbarung. It should be very rare that anyone who talks about having Gleitzeit must rely on a "gentlemens agreement" to claim it (and it most certainly should be documented).

 

Before I became AT, with any company I left with accrued hours I tacked them onto my holiday entitlement to bring my "last day of work" forward.

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Whatever amount is actually due to you, you are entitled to take it before you leave - not sure what happens about Gleitzeit though - I don't think they are obliged to let you have this off in lieu, but not certain.

 

Depends entirely on the agreement that gave you the "Gleitzeit" in the first place - In some cases it will be given in lieu, in some you may have it paid out.

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I imagine it varies per company but it is possible.

 

When herr sj resigned, he had to do 3 months notice, but took over a month off paid at the end using vacation and gleitzeit.

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