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For how many weeks/months in the year can employers deny holidays?

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Hi Guys

 

I started a new full-time job in June of last year. The boss was nice enough to let me return to my own country to take 5 working days holidays about one month after I started. 

 

The motivation for this is that October, November, December, January and February are regarded as the busiest months of the year and thus no holidays are allowed in this period. The first 3 months on this list is for Christmas trade and the two following are to account for the inevitable returned products from customers whom we sell to.  I really suspect that this a function of the skeleton crew we have rather than how 'busy' we otherwise are. 

 

As a result of this it was Easter of this year before I had used up the remaining 'balance' of holidays from last year, so to speak. 

 

The business is expanding this year and a new premises is being built. The boss as well as his father (the founder/owner) came into us recently and had a staff meeting. The made it vey clear that the transition into the new building is going to take place in the late summer - with the suggestion that we can also say goodbye to August and September (as dates for potential holidays), as we, on top of out normal duties, will also have to dig in with the moving of stock, equipment etc. 

 

Is this legal? To block staff from taking holidays for 6 or 7 months of the year? I have four days of holidays planned for this month and twelve for June. That will leave about 10 days over and little chance to take them (for this calendar year). 

 

Thanks,

 

Billy

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Just now, handsomeBill said:

OP here, this probably is better off in the 'Legal' forum. Can someone with the privileges move it for me? Thanks. 

Done.

I only wish I knew the answer to your question!

Hopefully somebody else will come along soon who is better informed that I am!

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A lawyer answers your question here: https://www.fachanwalt.de/ratgeber/wann-und-wie-lange-ist-eine-urlaubsperre-erlaubt about how many months they can block you from going on holiday.  The answer is that there is no law and so in some cases where a business is very seasonal, a holiday block can last for months.

 

In a situation like this, I think it would be wise to plan your vacation for the year beforehand.  Vacation generally should be taken within the calendar year but under some circumstances it can be carried over until March 31st of the following year.  Some employers allow you to carry it over longer, however, as it's strictly speaking not legal, if you do this and you later have a disagreement with your boss and get laid off or quit, they don't have to pay you saved up vacation from previous years that you should already have taken.

 

 

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I couldn't work 6-7 months without a break. I would probably look for something else.

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52 minutes ago, LeonG said:

A lawyer answers your question here: https://www.fachanwalt.de/ratgeber/wann-und-wie-lange-ist-eine-urlaubsperre-erlaubt about how many months they can block you from going on holiday.  The answer is that there is no law and so in some cases where a business is very seasonal, a holiday block can last for months.

 

 

 

OK, thanks for clarifying that to me. I will likely use this condition of employment there as a justification for quitting and getting work elsewhere. 

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> As a result of this it was Easter of this year before I had used up the remaining 'balance' of holidays from last year, so to speak. 

The circumstances under which the holidays can be postponed until March next year are rather limited. In general the business must make sure the employees take their vacation in the correct year. 

 

> I have four days of holidays planned for this month and twelve for June.

It should not be possible to cancel planned holidays without some exceptional circumstances from employer's side (therefore good business will start with asking nicely and providing some incentives for you to do it voluntarily).

 

>  I would probably look for something else.

It looks like they are engaging in some bad practices in your employment relationship. If you choose to terminate this relationship, make sure the termination is either recognised as their fault (so that you can immediately get unemployment) or you get some compensation from them. Talk to a doctor and a lawyer.

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