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Enthusiasts closing - is arranged holiday legit?

05:05  10 january  2022
05:05  10 january  2022 Source:   finanzen.net

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The company closes its doors for a certain time and the workers must go on vacation - these are annual holidays. Whether the employees fit this time or on other days would have preferred free here does not matter. But this uniformly arranged holiday is legit?

DANIEL ROLAND/AFP/Getty Images © Contributed by Finanzen.net DANIEL ROLAND / AFP / Getty Images Can Arrange the employer company holidays?

Many businesses close between Christmas and New Year and send their employees on vacation. These free days have employees often not choose themselves, but get prescribed by the employer. Many of those affected that ensures trouble, because you would have many holidays planned differently and the holidays at another time would be better able to use. This raises the question of whether the management can really determine the workers' holiday?

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paragraph seven of the Federal Holiday Act (§ 7 BUrlG) has this to say at the time of the holiday: "The timing of the holiday, the holiday wishes of the employee must be considered unless that take account of urgent operational interests or wishes of other workers who are under social aspects deserve priority to the contrary. " In principle, therefore, the workers must themselves determine their own holiday. A deviation from the operations side is possible only with urgent matters. The employer can thus establish its closing sufficiently whose setting is fine. But while it is a lot to consider.

What is important in closing?

"Urgent operational requirements" are certainly not the holiday wishes of the chief, who would like to fly over a certain period in the Caribbean and therefore its employees also sent on vacation. Nor are labor law a short-term lack of orders or a decline in sales to be regarded as urgent operational requirements, explains Tobias Werner, Labor Lawyer opposite the editorial network Germany. "The employer is obliged to always first to check if possible in economic imbalances not other measures - for example, a Zeitkonten- or reduction of overtime or a change of the layer model", the legal expert goes on. Operational risk should not be simply passed on to the workers.

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Sufficient reasons for closing legal expenses insurance according to the German example, but reconstruction of the premises or longer predictable periods in which the number of orders dropped significantly. This may be the case, among others, between Christmas and New Year. Over the time period, however, the employer knows well in advance notice. A short definition of the company holiday is not possible. At least six months, better one more year, the management should first decide on the annual holidays. Regarding the duration of the holiday, there is on the part of the legislature, although no provisions, but a fundamental decision had led to a division of 3/5 and 2/5 closing customized tour according to Tobias Werner. Reasonable, therefore if the supervisor a maximum of 60 percent of the leave determined. A complete use of all the free day is not legal.

What happens in case of illness or lack of vacation days the employee?

Again and again there are special cases in which workers are unsure of what is now considered just for them. What happens, for example, if the employer arranges closing, the employee but no longer has enough free holidays for this period? According to the website impulse unlucky enough means for the operation, after the boss had approved the previously unscheduled holiday in advance. The supervisor remained in this case two possibilities: either he let the employees anyway and renounce sogesehen come to the closing or he ask the people paid from work, explains the specialist in employment law, Dr. Alexander grouse against impulse.

And what happens if the employee is ill during or about the closing? In this case, Section has nine of the Federal Leave Act (§ 9 BUrlG) clear rules, "a worker falls ill while on holiday, the proven by medical certificate of incapacity days will not be deducted from the annual leave." The days on which the employee during the vacation was sick, so can easily repay back.

Nicolas Flohr / Editorial finanzen.net

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