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Aufhebungsvertrag and vacation days

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I handed in my 2 month notice the other day (not realizing that the 2 months begin from the end of the month in Germany).

 

And I have nearly all my vacation days remaining this year - but I want to leave my contract earlier than my last day. Since even with my vacation days taken into account it's still around 2 months away. 

 

So there is the possibility to sign a Aufhebungsvertrag to leave in around a months time rather than around 2 months time. However, I wont get paid for any of my remaining vacation days. 

 

Can I use my vacation days before my last day that is inserted into the Aufhebungsvertrag? It feels like I can, but I would appreciate your views. Many thanks in advance.

 

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There are a number of factors in play here. First of all, they can't simply not pay you for your vacation days - you either have to take them or they have to provide additional compensation for you not taking them. Secondly, you are required to take 4 weeks of vacation per year. If you don't take them now, you'll have to take them with your future employer (I assume that's why you want to get out of your job earlier).

 

Your Aufhebungsvertrag should describe what is to be done with your remaining vacation days (taken or paid out). Don't sign anything you don't understand.

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I signed one once and my last day of work was in October but my contract didn't finish till December because of the remaining holiday allowance and I got paid, there is no reason why you shouldn't get your holiday allowance paid. If you have a "Betriebsrat" - works council talk to them before signing an Aufhebungsvertrag or alternatively if you have legal insurance talk to a lawyer. In my case the costs of a lawyer were covered by my union membership.

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It seems like if I sign the Aufhebungsvertrag whereby my last day is in a month's time, I won't get paid for my remaining vacation days. 

 

So it seems that one solution is to take the remaining vacation days before my last day (as I am leaving Germany and these days can't be passed on to another employer). That means getting paid for taking vacation during a notice period. 

 

I'd be a little upset if an employee did that to me. The alternative it seems is to simply work and not get paid for the vacation days. 

 

Any thoughts on this dilemma? Thanks again

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You can include your remaining vacation in the Aufhebungsvertrag, which was why I left early but still got paid for my remaining vacation. Mind you it was the company trying to get rid of me not the other way around. They would have had a very difficult time getting rid of me (disabled, reserve member of the Betriebsrat and representative for disabled people)

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Sign it and just don't expect any unemployment money for the first three months, if you're going to be unemployed that is.

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