vacation
Vacation is a person's absence from work for recreational purposes . In an employment relationship , the holiday is than the period defined in the able-bodied workers , civil servants or soldiers - mostly while continuing to pay the salary of the - obligation to work for the provision of labor services are exempt.
General
Vacation is a part of leisure time , so that vacation is subject to freedom, as is leisure time. If a trip is connected with the vacation , this is referred to as a vacation trip . Vacation is often equated with vacation , although vacation does not appear in labor law . Like school holidays, holidays are part of the school system . And the relaxing holiday is only a certain type of holiday.
The expression “go on vacation” usually means to embark on a predominantly recreational - or adventure-oriented trip - a vacation trip.
History and etymology
In terms of linguistic history, the term vacation goes back to the Old and Middle High German noun urloup , which initially meant “permission” in general. In the courtly language of the Middle High German period, it then denoted the permission to go away, which a superior or a lady could give the knight . So asked the High Middle Ages, knights their lords to urloub , so to "leave".
In old love songs , the word vacation also means that a relationship (e.g. due to the rolling of journeymen) is "shut down" for a while. Another tradition is that when the harvest (from agriculture or wine industry) had been brought in, the servants and maidservants could go to the old farmer, the "Ur", and ask for permission. If they gave permission, a " tip " was often paid out for entertainment.
The meaning later changed: Vacation was understood as “official temporary leave of absence from employment”, more generally as “days off duty or work-free for recreation”.
The term appears for the first time - apparently quite common in parlance - in publications of the late 17th century. A very early entry can be found in the monthly conversations of some good friends of all kinds of books and other pleasant stories from June 1691. At the end of a literary article the author writes: “But before we give the reader a complete vacation / we want two more splendid Greek Scribents / who will be revived in Leipzig / report something ... "
In the 18th century, the vacation appears mainly in the context of the military: "After the campaign he went on vacation to Vienna ..." The "Count von Mailly, who was captured in the battle of Roßbach and was given leave on slogan, to travel to Paris. "
Employment Law
Vacation and recreational leave are also legal terms . According to § 1 BUrlG , every employee is entitled to paid vacation leave in each calendar year ; it amounts to § 3 a year for at least 24 BUrlG working days . During the vacation, the employee may not take up any gainful employment that contradicts the vacation purpose ( § 8 BUrlG).
The collective bargaining agreements negotiated by the parties to the collective bargaining agreement are usually much more generous, so that German employees have an average of 29 working days of vacation per year (plus the respective public holidays ). This puts them in fourth place (after Sweden , the Netherlands and Denmark ) in a European comparison. Regardless of this, the Germans still refer to individual studies as alleged “European leisure champions”, although the facts do not confirm this.
Anyone who takes vacation requires the approval of the employer or employer ( vacation certificate ; Section 96 BBG ); Due to legal requirements, this person can or must grant leave with continued payment of the salary, in some cases also with the loss of salary (see special leave ). The self-employed, on the other hand, can take vacation at their own discretion, but will nevertheless take into account the requirements of business operations and in particular the wishes of customers, clients, clients or patients. Small business owners in particular often take too little or no vacation at all. This affects many farmers , for example .
species
Today labor law in Germany recognizes the following types of leave:
- Educational leave is used for professional training of the employee. In Germany it is regulated by state law.
- The main purpose of vacation leave is to maintain and restore the workforce of the employee. In Germany it is regulated by the Federal Holiday Act - for certain groups of employees ( severely disabled people , young people ), special regulations sometimes apply. Collective agreements , works agreements or employment contracts often contain provisions that are more favorable for the employee than the statutory minimum leave regulation (the principle of favorability applies , i.e. no fewer, but more vacation days can be agreed in the individual employment contract than in the applicable collective agreement or in the statutory one Minimum leave regulation provided). This regulatory hierarchy also applies in Switzerland , where the Code of Obligations only lays down minimal standards.
- Employees can take parental leave under certain conditions in order to devote themselves to raising and caring for their own children or those of others. In Germany, it is regulated in the Federal Education Allowance Act and has been referred to as parental leave there since 2004 .
- Maternity leave hot in unofficial diction in maternity laws employment prohibitions for women in temporal association with childbirth .
- Care leave enables employees to care for close relatives. It was introduced in 2008 and is known as care leave .
- As special leave finally called the right of employees to time off from particular to his person reasons. In Germany, the legal basis is in particular Section 616 of the German Civil Code (BGB) and collective agreements.
- Pre-election leave is intended to enable candidates for the German Bundestag to conduct an election campaign .
- Additional leave in accordance with Section 208, Paragraph 1 of Book IX of the Social Code is given to employees with a severe disability recognized for the entire calendar year .
A special form of vacation is called a sabbatical . Above all, teachers and civil servants often use this opportunity, with an income of e.g. B. 80% of the original monthly salary to take a "vacation year" after four years. Although this does not correspond to the statutory leave regulation (it is rather a working time model ), it is usually viewed as a vacation in everyday language.
Group of people
- Workers
The beginnings of paid annual leave lie in the German Empire .
Even the unemployed , for example, ALG II receivers have to leave from their service providers to apply if they want to travel for several days because they have to keep constantly on site for possible job placement rates available. According to Section 7 (4a) SGB II , this “absence” is a maximum of 21 days.
- Officials and soldiers
There are comparable regulations for civil servants and soldiers . In the federal area , these are in particular Section 89 , Section 80 of the Federal Civil Service Act , Section 28 of the Soldiers Act , as well as vacation leave - , parental leave, maternity protection - and the special leave ordinance. The latter also regulates - analogous to the educational leave laws for employees - the time off for the purpose of further training. For civil servants of the federal states and municipalities, there are regulations (mostly identical in content) at state level.
International
European Union
In the European Union , according to Article 31 (2) of the Charter of Fundamental Rights of the European Union, employees have, among other things, the right to paid annual leave .
The European Court of Justice (ECJ) ruled in November 2018 that employees do not automatically lose the leave they are entitled to under Union law (i.e. the statutory minimum leave) if they have not previously applied for leave . 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 .
- Austria
In Austria , vacation entitlement is at least five weeks per year. By 1970 it was still two weeks. A distinction must also be made between:
- Educational leave ,
- Relaxing : After the Holidays Act workers have up to a period of service of 25 years are entitled to 25 working days (five weeks) vacation. From the age of 25, the entitlement increases to 30 working days (six weeks).,
- Care leave : To look after family members or close relatives in the event of illness and
- Paternity leave .
- Switzerland
- Recreational leave : In Switzerland, recreational leave is exclusively referred to as vacation . The Swiss do n't go on vacation , they go on vacation . Swiss employees are legally entitled to four weeks' vacation ("vacation") per year. Anyone who is not yet 20 years old is entitled to five weeks' vacation. As in Germany, there are further social partnership regulations in many industries.
- Other forms of vacation: The term vacation is used in Switzerland for an extraordinary absence from work , usually approved on request ; this may only be partially offset against the vacation entitlement for longer periods. A contractually regulated claim may well exist, e.g. B. after the death of a relative or when moving house; There is also a right to maternity, paternity, further training leave, etc. If you are absent from official work (military service, police, fire brigade, etc.), leave is also spoken of, whereby those on leave usually comply with the rules or the Subject to the law of the service concerned.
See also
- Holiday pay , vacation pay ( "13/14. Monthly salary")
- Temporary employment
- Operational exercise
- Vacation service
- Holiday Cross
- Holiday group
Web links / literature
- Wiktionary: Vacation - explanations of meanings, word origins, synonyms, translations
- Literature on vacation in the catalog of the German National Library
Individual evidence
- ^ Fabian Bross, Basic Course in German Linguistics for the Bavarian State Examination , Tübingen: Gunter Narr, 2014, p. 176
- ↑ Vacation. Language advisor article. Duden , accessed on September 14, 2012 .
- ↑ Both quotations can be found in the Genealogisches Archivarius, Part 106, 1759
- ↑ Germany: Only four weeks by law. In: Neue Zürcher Zeitung , February 24, 2012, p. 13
- ↑ Tagesspiegel supplement of the Free University of Berlin from July 9, 2005 ( Memento from May 17, 2009 in the Internet Archive )
- ↑ ECJ, judgment of November 6, 2018: Ref .: C-684/16 (Shimizu) and C-619/16 (Kreuziger) = NJW 2019, 495
- ↑ Austria: For the time being it remains at five weeks. In: Neue Zürcher Zeitung , February 24, 2012, p. 13
- ↑ Explanations of the State Secretariat for Economic Affairs SECO on employment contract law / holidays. In: ch.ch
- ↑ Explanations of the Federal Council on the referendum of March 11, 2011 on the popular initiative “6 weeks vacation for everyone”. ( Memento of February 4, 2012 in the Internet Archive ) In: admin.ch , accessed on February 24, 2012
- ↑ Information from the Federal Department of Defense, Civil Protection and Sport on vacation . ( Memento from June 13, 2009 in the Internet Archive ) In: admin.ch
