Kurzarbeit and postponing the holidays

6 posts in this topic

Folks, my company has usually been kind to move my "pending vacation days" to Q1 in next year.

 

But this year the HR has given me a reason that they can not do so because ... of "Kurz Arbeit".

 

Was wondering if there is a strong logical link between the two here?

0

Share this post


Link to post
Share on other sites

Yes. They are only allowed to delay your vacation time if there is a compelling business reason.

They are only allowed to put you on Kurzarbeit if there is insufficient work.

It's not normally possible for both of those to be true at the same time.

 

 

1

Share this post


Link to post
Share on other sites

well - normally all vacation days accrued must be taken within the same calendar year. It is customary, though, that most employers will allow you to carry over up to five days into the new year, usually until March 31st. This is totally at the company's discretion. Some people (like myself) really like that little bit of wiggle-room :) especially this year, for example, when I will carry 4 of my 2020 vacation days into January of 2021 - and use only 10 vacation days to be away from work for a full three weeks. Holidays....

 

If, however, your employer put you on Kurzarbeit part of your salary is being paid out of Arbeitslosenversicherung. That means Arbeitsamt is paying your wages - and Arbeitsamt goes by the exact wording of the law - all vacation days have to be taken within the same year. You can't postpone anything from 2020 into 2021.

0

Share this post


Link to post
Share on other sites

I'm with IG Metall and theoretically, I can take all my holidays (30 days) into the next calendar year for consumption until 31st of March. This is useful if you go on a world trip.

0

Share this post


Link to post
Share on other sites

The only exception to what pappnase has said is "compelling personal reasons" such as an inability to work or caring for an ill or elderly relative. 

More here: 

https://www.haufe.de/personal/arbeitsrecht/wann-urlaub-zu-uebertragen-ist-und-wann-freie-tage-verfallen_76_391108.html  

 

I don't think the five days karin mentioned are all that customary though, I have never heard of it from my employers or among my family/friends.

How they deal with vacation days is completely up to the employer or depends on the union contract. So it ranges from employers that want you to take every day in the calender year and exceptions have to be requested and granted by the management (in special cases - see in above link) to being able to transfer a few days or as many days as you like and having to take them until the end of September the following year. 

 

End of March is morst common though, that is definitely correct. 

1

Share this post


Link to post
Share on other sites

An add on to the end of March: in the company I work for, people on union contracts have until the end of March, just like @LukeSkywalker said. In practise, this means that the first day of your holiday needs to be 31 March. So theoretically, you can save up your 30 days from last year + the 30 days from this year and go on holiday roughly from end of March until the end of June or whenever the 60 working days run out.  

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now