annual leave

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The annual holiday is the number of days that an employee in a calendar year maximum as a holiday can take.

General

If wages are paid on during the annual vacation , this value is indirectly included in the labor costs . Since country-specific collective bargaining agreements or laws are different, advantages of the location result from a low value for the annual vacation days. A distinction must be made between minimum vacation days (according to legal regulations) and the real vacation days, which are usually determined by collective agreements. Furthermore, it must be taken into account that some employees are absent due to illness and special leave beyond the actual vacation leave , while others do not use all vacation days. In 2006, Germans took an average of only 26 days of vacation, although they were entitled to an average of 28 days.

Situation in individual countries

Europe

The collectively agreed or statutory annual vacation days in some European countries are as follows:

Source: EIRO 2008 via IW, CNN

Since mostly only larger companies have or recognize a collective agreement, the values ​​mentioned apply more to them, and the values ​​are typically lower in medium-sized or small companies.

Germany

In relation to a 6-day week, every employee is entitled to a vacation of at least 24 working days. Converted to a 5-day week, every employee is entitled to a holiday of at least 20 working days ( Section 3 BUrlG ). The full vacation entitlement arises after the employment relationship has existed for six months ( § 4 BUrlG). Thus, an employee who z. B. starts work in April, from October 1st, a vacation entitlement of at least 20 working days for the current calendar year (5-day week).

Austria

In Austria there is a statutory holiday entitlement of 5 weeks (25 days for a 5-day week, 30 days for a 6-day week). In most collective agreements, from 25 years of affiliation to a company - whereby up to 5 years of work in an external company are taken into account - an extension to 6 weeks (30 days for a 5-day week, 36 days for a 6-day Week) holiday anchored.

United States

In the United States there is neither a collectively agreed yet a legally guaranteed minimum leave ( English statutory minimum employment leave ). A 2003 study by the American workplace forum Monster Worldwide found that only 1% of US employees take more than 25 days of annual leave. 12% take 21 to 25 days, 17% 16 to 20 days, 30% 11 to 15 days and 40% less than 11 days. However, members of the US armed forces receive 30 days of vacation per year plus public holidays.

European legal issues

According to Article 31 (2) of the Charter of Fundamental Rights of the European Union , employees have the right to annual paid leave, among other things.

The ECJ ruled in November 2018 that employees do not automatically lose the vacation they are entitled to under Union law (i.e. the statutory minimum vacation) if they have not previously applied for vacation . According to the ECJ, vacation entitlements should only expire automatically if the employee was actually able to take his annual paid vacation. This can only be assumed if the employer even asks the employee to take the vacation if necessary and informs him that the vacation not taken will expire at the end of the permissible transfer period or at the end of the employment relationship .

Individual evidence

  1. ^ Mark Carley: Working time developments - 2008, Annual leave
  2. Vacation per collective agreement  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. - iwd> archive> 2009> 4th quarter (also as a graphic  ( page no longer available , search in web archives ))@1@ 2Template: Toter Link / www.iwkoeln.de  @1@ 2Template: Toter Link / www.iwkoeln.de
  3. Which countries have the most vacation days? CNN, July 29, 2011, accessed September 3, 2011
  4. Monster Survey Compares Vacation Time Around the Globe ( Memento from July 8, 2012 in the web archive archive.today ) (Eng.)
  5. ECJ, judgment of November 6, 2018: Ref .: C-684/16 (Shimizu) and C-619/16 (Kreuziger)