Can I simply postpone my vacation if my employer requests it?
July 6, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear employment lawyer,
My name is Irmgard Evers and I have been working full-time for five years in a medium-sized company. Normally, I always plan my annual leave in advance and coordinate the dates with my employer. However, my boss has suddenly announced that I should postpone my already approved leave as there is an important project deadline approaching and all employees are needed.
I am quite unsettled as I have already booked and partially paid for my vacation. Additionally, I have been looking forward to this break for a long time and do not want to miss out on my relaxation. On the other hand, I do not want to risk causing trouble at work and want to maintain a good relationship with my employer.
Therefore, I would like to know if my employer has the right to simply postpone my vacation like this and if I have to accept it without consent. Are there any legal regulations or clauses in the employment contract that could help me in this situation? What options do I have to find a satisfactory solution for both parties?
Thank you in advance for your help and advice.
Kind regards,
Irmgard Evers
Dear Mrs. Evers,
Thank you for your inquiry regarding the rescheduling of your vacation by your employer. In Germany, the Federal Vacation Act (BUrlG) regulates the entitlement to vacation and the modalities of its granting. According to § 7 para. 1 BUrlG, the employer can determine the timing of the vacation, but must take into account the vacation wishes of the employee, unless urgent operational reasons oppose it.
In your case, your employer has the right to reschedule the already approved vacation if there are urgent operational reasons. It is important to note that the employer must consider the interests of the employee appropriately. An important project assignment can be considered as such an urgent operational reason, if the rescheduling of the vacation is unavoidable.
However, if you have already booked and partially paid for your vacation, this can be an argument to negotiate with your employer for an alternative solution. It is advisable to have a conversation with your supervisor and explain your situation and concerns. Together, you may be able to find a solution that takes into account both the operational requirements and your personal vacation plans.
It is also important to check whether your employment contract or company regulations contain specific clauses regarding vacation. These could provide further information on how vacation should be handled in case of operational necessities.
If an agreement with your employer is not possible and you do not want to reschedule your vacation, you may consider seeking legal advice. An attorney specializing in labor law can help you assess your rights and, if necessary, take legal action to enforce your vacation entitlement.
I hope that my explanations were helpful to you and wish you success in resolving your vacation situation.
Sincerely,
Bernhard Vollmann
Attorney specializing in labor law
