Should employees give employees longer vacations
Forced leave - is prescribed vacation leave legal?
Basically every employee has Entitlement to paid vacation leave. The Federal Leave Act (BUrlG) is the measure of all things for this and includes a so-called Minimum vacation firmly. This is usually for a Five days a week, 20 vacation days a year.
The Workers can fundamentally about it decide when and how long to take vacationif the statutory provisions and contractual agreements are taken into account.
In a nutshell: compulsory leave
Forced leave is leave ordered by the employer. Accordingly, there is no need for an application by the employee.
Information on the requirements that must be met in the case of compulsory leave can be found here.
But what is the so-called "Compulsory leave"? When is this legitimized and what action do you have as an employee if your employer orders compulsory leave?
What is meant by “compulsory leave” according to labor law?
As mentioned, there is one in Germany statutory vacation entitlementwho too does not expire by clauses in the employment contract.
For the time setting are the Desires of the employee according to § 7 BUrlG decisive. The employer grants the vacation days. When planning a vacation, however, he must do both urgent operational issues as well as the vacation requests of other employees consider.
The Compulsory leave he follows by the employer, without prior application from the employee. However, this prescribed vacation is only under certain conditions permissible.
There are currently no further legal statements on compulsory leave or its permissibility. Still were through Judgments from the past characteristic and legally applicable features that employers should adhere to.
Amongst other things In the following cases, there is compulsory leave prescribed by the employer:
- in Seasonal operations
- at Inoperability of companies without an owner (e.g. doctor's offices)
- in the event of unforeseen operational crises
Forced vacation equals company vacation?
Often the terms Compulsory and company holidays used synonymously. The boundaries are also fluid.
This is often the case during company holidays entire company for a period of time shut down or even entire departments have to stop their work. They are mostly already anchored in the employment contract or have to announced before the vacation year become.
The employer or the head of the company determine these. This is usually the case by two to three weeks. Especially in the productive industry is this a measure to one Loss of production almost impossible due to the vacation of employees in key positions.
Company holidays can even single days for example between Christmas and New Year include. This allows in case of doubt Overtime credit and remaining vacation entitlements are reduced become.
Also a Compulsory holiday at Christmas must be justified by the employer for operational reasons because not all companies are busy between the years.
Requirements for compulsory leave according to applicable labor law
Only as a result urgent operational issues the compulsory leave order is justified. It should be noted, however, that this does not always apply to an economic crisis in the company. Because Lack of order or disruptions in operations legitimize not the compulsory leave.
The Operational riskto pay the employees uneconomically, the must employer wear and should not be passed on to the worker.
Important! At Company holidays or compulsory leave is the works Council, if available, co-determination.
Time frame for a compulsory leave
Basically there is for that Duration of compulsory leave no legal guidelines.
This can take a few days or weeks. It follows from the previous jurisprudence that part of the vacation is free to be determined by the employee.
Is the vacation already approved and has been fully used, can he Employers don't just disagree. In such a case, as an employee, you can stay at home with full vacation pay.
Alternatives to compulsory leave
A compulsory leave is not always the perfect solution, as the operation is completely put on hold for a certain period of time. There can other possibilities be more interesting for the employer who can save certain cost factors and bridge the time of crisis.
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