Holiday entitlement during short-time work - how is it calculated?
September 24, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
My name is Isabel Hohenberg and I work as an employee in a company that has introduced short-time work due to the current economic situation. I am unsure about how my vacation entitlement is calculated during short-time work and hope that you can assist me with this.
Regarding the current situation: Due to the Corona pandemic, my employer has implemented short-time work to save costs and avoid layoffs. As a result, I am currently working reduced hours and receiving less salary accordingly. I am now wondering if my vacation entitlement is also reduced and how it is calculated during short-time work.
My concerns are that I want to plan my vacation but am unsure how many days I am entitled to during short-time work. I want to avoid incorrectly planning my vacation and ending up with insufficient recovery time.
Therefore, my question to you is: How is vacation entitlement calculated during short-time work? Are there any specific regulations that I need to be aware of? And how can I ensure that I plan my vacation correctly to have sufficient recovery time?
I would greatly appreciate a detailed explanation and possible solutions. Thank you in advance for your assistance.
Best regards,
Isabel Hohenberg
Dear Mrs. Hohenberg,
Thank you for your inquiry regarding your vacation entitlement during short-time work. It is understandable that you are concerned about how to calculate and plan your vacation days in this special situation. I am happy to explain the legal framework to you and provide you with some tips on how to plan your vacation correctly.
In principle, your vacation entitlement remains valid even during short-time work. This means that you still have the right to your statutory minimum vacation or the vacation agreed upon in your contract, regardless of whether you are employed full-time or in short-time work. Therefore, your vacation entitlement is not automatically reduced when you are in short-time work.
The calculation of vacation days during short-time work depends on your actual working hours. For example, if you are now only working 50% of your regular working time, you are entitled to only 50% of your annual vacation. This means that you should only take half a day of vacation for each month of short-time work.
It is important to note that short-time work does not affect the duration of your vacation. An employer cannot dictate that you must take more vacation days during short-time work to compensate for the reduced working hours. Your vacation entitlement remains unaffected by short-time work.
To plan your vacation correctly and ensure you have enough time for relaxation, I recommend calculating your vacation entitlement accurately. You can do this together with your employer to avoid any misunderstandings. Discuss your vacation entitlement during short-time work with your supervisor and clarify any questions in advance.
If you have any further questions or need assistance, I am happy to help. I hope that my explanations have been helpful to you and wish you a pleasant vacation planning.
Best regards,
Bernhard Vollmann
