Midijob and paid holidays
December 15, 2014 | 40,00 EUR | answered by Jan Wilking
Dear Sir or Madam,
I have been employed as a nanny for three children in a family for approximately three years. It is a contract in the mid-range (midijob). According to the contract, the weekly working hours are 10 hours. It was verbally agreed that I work five hours each on Tuesday and Wednesday, and this has never been changed.
My questions:
1. Do I still have a paid entitlement to holidays that fall on a Tuesday or Wednesday, even though the two days were only verbally agreed upon and have not been changed in three years?
2. Since the family plans my vacations, so that I cannot request a vacation day for myself, is there wage continuation if holidays fall on these vacation days?
3. Since the family goes on vacation several times a year and my vacation days, which I am entitled to, are usually exceeded by 2-3 days, am I obligated to make up these days, even though the vacation was planned by the family?
Thank you for your response & kind regards.
Dear client,
I am happy to answer your inquiry taking into account your description of the situation and your commitment as follows:
Regarding 1:
Yes, you are entitled to continued payment of wages for public holidays if the employee is otherwise regularly obligated to work on a day when work is interrupted due to a holiday (see § 2 EntgFG).
Regarding 2:
Public holidays that fall within the holiday period are not deducted from the holiday entitlement. In the case of "forced holidays," the same applies as stated under 1, so there is generally a right to continued payment of wages.
Regarding 3:
No. If your work is not required due to a family vacation (although you are willing and able to perform the work), there is an assumption of default as defined in § 615 BGB. Therefore, you can still demand the agreed compensation (possibly minus saved expenses) and do not have to make up for these days.
I hope this provides you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Best regards,
Jan Wilking, Lawyer
