Vacation pay

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Holiday pay is called the salary (wage or salary), which during the holidays will continue to pay an employee, although he at this time no work benefits does (paid leave) .

A distinction must be made between vacation pay and vacation pay , which refers to a payment made on the occasion of vacation leave in addition to regular wages, and vacation compensation, which means financial compensation for unused vacation entitlements.

Right to paid leave

One of the characteristics of labor law is that not only is there a holiday entitlement , but that wages continue to be paid out during the holiday. This means that vacation is to be seen as a full component of work performance, in the form of an uninterrupted annual employment relationship. Vacation is therefore paid time off in the context of the employment relationship. During the vacation, the employee is exempt from the obligation to perform his work, but is still entitled to continued payment of remuneration. The entitlement is generally measured according to what he would have received if he had worked, that is, the employee “must not suffer any direct financial disadvantage by consuming vacation during this period” (failure principle) .

In this way, leave differs from leave from work ( parental leave ), such as maternity leave , paternity leave or educational leave , during which the employment relationship is maintained but the remuneration is not paid in full or is not paid by the employer.

The concept of paid vacation arose around the turn of the 19th and 20th centuries. Century, where it was one of the central concerns of the labor movement . In 1911 the British Trade Union Congress made the right to paid leave one of its main objectives. From 1919, the International Labor Office in Geneva advocated vacation as a basic right . In some places , vacation pay was anchored in law for certain industries in the period after World War I, and then according to the UN Charter of Human Rights : The right to regular paid vacation  (Article 7d) became internationally binding in the following International Covenant on Economic, Social and cultural rights ( UN social pact, WSKR), adopted in 1966 and entered into force in 1976. To date, more than 160 countries have joined this.

National

Germany

Holiday pay denotes the after section 11 of the Federal Holiday Act  (BUrlG) while on vacation instead of pay to be paid fee.

Section 11 of the Federal Vacation Act:

  • Paragraph 1
The vacation pay is based on the average earnings that the employee received in the last 13 weeks before the start of the vacation, with the exception of earnings that were additionally paid for overtime.
In the case of increases in earnings that are not only of a temporary nature, which occur during the calculation period or the vacation, the increased earnings are to be assumed.
Reductions in earnings that occur during the calculation period as a result of short-time work , lost work or absenteeism through no fault of your own are not taken into account when calculating vacation pay.
Remuneration in kind that is part of the remuneration and that is no longer granted during the vacation must be appropriately settled in cash for the duration of the vacation.
  • Paragraph 2
The vacation fee is to be paid before the start of the vacation.

Austria

Holiday pay is regulated in Austria in the Holiday Act and comprises “the basic wage / basic salary and other pay components (e.g. bonuses , commissions , piecework wages , allowances and overtime ) on average over the last 13 full weeks. Expense allowances (such as mileage allowance and diets ) are not included. "

The vacation fee must be paid in advance for the entire vacation period when the vacation begins. Different due dates can also be determined by collective agreement.

Individual evidence

  1. ↑ a b c d Vacation remuneration: term - due date - amount - reimbursement of expenses , Austrian Economic Chambers
  2. ↑ a b Hartmut Berghoff: "All for your delight." The emergence of modern tourism and the rise of consumer society in Great Britain . In: Rolf Walter (Ed.): History of Consumption: Income from the 20th working conference of the Society for Social and Economic History, 23.-26. April 2003 in Greifswald . tape 20 of the working conference of the Society for Social and Economic History, working conference of the Society for Social and Economic History ; tape 175 of quarterly for social and economic history: supplements . Franz Steiner Verlag, 2004, ISBN 978-3-515-08540-3 , pp. 212 ( limited preview in Google Book Search - full article, pp. 199–216).
  3. ↑ a b Vacation pay and vacation pay ( memento of the original from June 17, 2012 in the Internet Archive ) Info: The @1@ 2Template: Webachiv / IABot / www.arbeiterkammer.at archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , in AK.portal , Chamber of Labor Austria