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contractual leave not considered when quitting a job

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Hello all, I have a doubt regarding contractual leave...

So after more than 2 years working I resigned last week from my job and last employment day will be 30.11.2019 (1 month before end of the year).

In my company we are entitled to 27 days per year (20 days are statutory) and 7 days contractual.

Before resigning I had 27 days available for this year (I haven´t taken any holidays) and when I got my termination confirmation it appeared I´m entitled to take 19 days off before leaving. Is it legal to calculate holidays based only in the statutory leave? It doesn´t appear in the contract and of course if I would have known I would definitely have worked 1 more month (for 8 more days + christmas). Help :(

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What does it say in your contract? According to https://www.darmstadt.ihk.de/produktmarken/Beraten-und-informieren/recht_und_fair_play/Arbeitsrecht/bestehendeArbeitsverhaeltnisse/Urlaub/Urlaubsanspruch/2552870 if you quit in the first half of the year your vacation is pro-rated according to how many months you've worked. If you quit in the second half it depends on what your contract says. If there is a clause in your contract saying that your vacation is pro-rated if you quit in the second half of the year you should get 11/12*27 days. If there is no such clause they have to give you the full 27.

 

The legal minimum vacation of 20 days only comes in if you had quit in the second half of the year but earlier so that your pro-rated vacation would not reach 20 days. Then they would have to give you 20 days.

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Also, reach out to your local works council or union if you have one.

 

There might be agreements between them and the company which would define how such issues are to be dealt with, which won't be in your contract.

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Afaik prorated vacation agreements must appear in the contract itself to be wirksam. It's part of your overall compensation and should not be determined by third party agreements (eg work council) alone. Leon covered the rules well.

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15 hours ago, LeonG said:

If you quit in the second half it depends on what your contract says.

 

Correct, but this is a tricky one. Even some Germans assume that if you get laid off /leave in the second half, you automatically get all your annual vacation. Maybe it comes from time when more Germans had a Betriebsrat looking out for them?

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