Am I entitled to vacation days if I am terminated during the probationary period?
January 19, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
My name is Ben Seebauer and I have been working at a new company for two months. Unfortunately, I have been terminated during my probation period. Now I am wondering if I still have a right to the vacation days that I have not yet taken.
In my contract agreement, it states that I am entitled to 25 days of vacation per year. Since I have only worked there for two months, I have not taken any vacation days so far. I am concerned that I will lose my entitlement to these vacation days since I was terminated during the probation period.
Can you please tell me if I still have a right to the unused vacation days despite being terminated during the probation period? Are there any legal regulations or rulings that govern my situation? What steps can I take to claim my vacation entitlements?
Thank you in advance for your help and support. I look forward to your response.
Sincerely,
Ben Seebauer
Dear Mr. Seebauer,
Thank you for your inquiry regarding your vacation entitlement after a termination during the probationary period. I am sorry to hear that you are in this situation, but I can assure you that despite the termination, you are entitled to your unused vacation days.
According to the Federal Holiday Act (BUrlG), employees generally have a legal right to paid annual leave. This entitlement arises from the beginning of the employment relationship and must also be granted in the event of a termination during the probationary period. The fact that you have not taken any vacation days so far does not matter in this context.
The entitlement to vacation exists regardless of whether the employment relationship is terminated during the probationary period or after its expiration. This means that even after the termination, you are entitled to the proportional number of vacation days that you would have been entitled to up to that point. In your case, with a contractual agreement of 25 vacation days per year and two months of employment, you would be entitled to 4 vacation days.
If your former employer refuses to pay you for these vacation days, I recommend that you first contact him in writing and point out your legal entitlement. If this does not yield results, you can turn to the labor court and file a lawsuit for payment of the vacation days.
Overall, it is important to assert your entitlement to the unused vacation days consistently and in a timely manner to ensure that you receive your rights. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Bernhard Vollmann
