Fired without reason, using my holidays as notice pay

23 posts in this topic

Hello Toytown community.


As the title says, I have been fired without reason and they are using my vacation as part of my notice period pay. I'm of course not happy that I lose my vacation but am unsure of the German laws surrounding this. Is it possible to have vacations payed when employment end or would I lose them.

I would like to talk to an employment lawyer but am worried about the cost of fighting this when I don't mind that the employment has ended this company is dodgy anyway, I would just like what I'm entitled to.

 

Thank you for all responses.

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what do you mean?  Have they asked you to take your outstanding vacation days during your notice period?

 

Or do you want to work your notice period in full then get paid extra for the unused vacation days?

 

eta:  and were you fired during probezeit?

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I'm sorry they have also informed me I'm not required to attend work during the notice period. They have told me my outstanding vacation days will be used during my notice period that they decided I would not work during.

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7 minutes ago, lisa13 said:

were you fired during probezeit?

This is the key question. Are you still on your trial/probationary period? Because if you are, the company is entirely within its rights to do what you say they are doing.

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I would not complain about that, myself.  It's fairly customary to take unused vacation during the notice period so...meh.

 

Take the extra few days off, with pay, and start looking for a new position.

 

ETA:  oops - I misread your post and understood you had NOT completed probezeit.  This is a different kettle of fish entirely.  See Jeffo's post below.

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7 minutes ago, thatswade said:

No I was not fired during my probation.

How long have you been with the company? Are they offering you any kind of severance pay?

 

How long is your notice period and how much of that will be taken up by your remaining vacation entitlement? Because you could view the extra paid time off as a kind of severance pay.

 

If you're not happy with the company or the position anyway, I'd suggest you notify the Arbeitsamt of your termination immediately (to ensure you don't miss out on any unemployment money) and start looking for a new job with all your newfound free time.

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I'm being paid until the four weeks notice they gave me has run out. I've been there for 5 months, probation is 3 in our company.

Edit: Notice period is four weeks. They are using 10.5 days of my vacation. Thats two weeks taken by my vacation entitlement.

In my opinion they should pay me my vacation. They haven't given my a reason for termination and if I wasn't planning on quitting next month I would fight that. But all I want now is what I'm entitled to.

 

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AFAIK, legally they can fire you without cause in the first SIX months, with four weeks notice.  this is true regardless of the agreed probezeit (which requires 2 weeks notice, usually).  I think the 6 months is referred to as wartungszeit but can't remember.

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1 minute ago, thatswade said:

That's interesting. Legally shouldn't they pay me my vacation? And where can I find info on this :(

 

 

afaik they are only required to pay you for unused vacation.  You are "using" it in this case whether by choice or force - if they made you work the 4 weeks and didn't want to pay you for the vacation days, you would have a case, but you are getting the days off.  Plus some extra days paid, but off.  I've worked for companies that demanded we take vacation at certain times - you don't have much recourse in that case.

 

If you really want to pursue it you can talk to a lawyer or if your company has a workers council, discuss it with them.  

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1 hour ago, thatswade said:

I would like to talk to an employment lawyer but am worried about the cost of fighting this when I don't mind that the employment has ended this company is dodgy anyway, I would just like what I'm entitled to.

 

Do you have legal insurance? If you have it, when did you sign up for it?

 

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1 minute ago, thatswade said:

I don't know what legal insurance is... I mean i can speculate based on the obvious name but if I don't know I think I don't have it.

When you took out Haus Insurance,  Auto, 3rd party etc- did you sign up for legal as well?

It provides cover and resources if you need a lawyer!

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16 minutes ago, thatswade said:

I don't know what legal insurance is... I mean i can speculate based on the obvious name but if I don't know I think I don't have it.

 

Did you take out any type of insurance after you arrived in Germany?  For example, liability insurance or insurance for the contents of your apartment? 

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Considering your employment was terminated before you even completed 6 months, I don't think there is any point in going to a lawyer since you'll have to pay all expenses out of pocket with a very low chance of receiving more than what has already been offered.

 

Is this your first job in Germany? 

 

BTW, you really, really need to get liability insurance. 

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