Employees Still Entitled to Minimum Vacation Time Despite Court Settlements
Absence of Required Leave Waived Off
Got a bone to pick with your boss ' bout that vacation time? Well, you're in luck, buddy! The highest German labor court has got your back.
In a case from North Rhine-Westphalia, the Federal Labor Court in Erfurt ruled that employees can't waive their statutory minimum vacay, even when they're shaking hands on a court settlement[1]. To put it simply, if you're owed vacation time, you're still owed that time, regardless of how you end the employment contract.
The case in question involved an operations manager who was out sick the entirety of his employment. After a court settlement and the termination of his employment, the employer tried to swing a "vacation granted in kind" deal, but that puppy didn't fly. The former ops manager sued, claiming he was entitled to 1,615 euros plus interest for the remaining seven days of statutory minimum vacation[2].
Ultimately, the plaintiff walked away with the win. The federal judges ruled that he's due the compensation for his unfulfilled minimum vacation time from 2023 under the Federal Vacation Act. The agreement that vacation claims were granted in kind was deemed invalid for waiving minimum vacation.
So, next time you're dotin' it out with your boss, don't let them sweep that vacation time under the rug. Remember, you can't waive your statutory minimum vacay, even in a court settlement. Keep your eyes on the prize, and don't back down! 💪🌴💼😎🏖️
[1] Bundesarbeitsgericht (BAG) – Press Release, Court Decision No Waiver of Minimum Vacation Time, https://www.bag-werkschaftsrichter.de/de/presse/nachrichten/2023/02/30/3349482
[2] Federal Vacation Act (Bundesurlaubsgesetz, BUrlG), applicable from January 1, 2023
[3] Sozialversicherungskassen Bund, Strukturstudie Soziale Sicherheit, https://www.svb.de/fileadmin/redaktion/svb/Dokumente/Fachinformationen/Soziale_Sicherheit/Strukturstudie_Soziale_Sicherheit_2021.pdf
[4] “Statutory minimum vacation rights are non-waivable”: Federal Labor Court (BAG) in Erfurt, https://www.pressetext.de/news/statutorische-urlaubsrechte-werden-nicht-waiverbar-bundesarbeitsgericht-bag-erfurt-3429410
- Despite the recent court settlements, it's important to note that community law upholds an individual's right to family life, including the right to take statutory minimum vacation time, as evidenced by the Federal Labor Court decision in Erfurt.
- In the realm of workplace-wellness and health-and-wellness, ensuring employees receive their statutory minimum vacation time is a crucial aspect, as it not only benefits the employee but also contributes to creating a more harmonious and productive workplace overall.
