Waiting time (labor law)
In labor law there are waiting times for a right to take effect in some cases.
Relaxing vacation
There is a waiting period for entitlement to vacation . According to § 4 BUrlG , full vacation entitlement is granted for the first time to anyone who has been in a temporary or permanent employment relationship for more than 6 months. By the end of this waiting period, the employee has only acquired what is known as an entitlement to be granted leave. If the employment relationship ends before the waiting period has expired, the employee is only entitled to a corresponding partial vacation. After the waiting period has expired, the full vacation entitlement exists regardless of the length of employment. In some cases something else is regulated in collective agreements. If the employment relationship is interrupted, the interruption also leads to the interruption of the waiting time, which does not include the interruption due to illness leading to the incapacity to work. With regard to the calculation of the waiting time, the general provisions of the BGB are used, §§ 186 ff. BGB .
Continued payment in the event of illness
There is also a waiting period for entitlement to continued payment in the event of illness . According to Section 3 of the Law on Continued Remuneration, entitlement only arises after an uninterrupted four-week employment relationship.
Promotions
There is a waiting time between two promotions . According to Section 22 (4) No. 2b BBG , transport is only permitted one year after the previous transport. Basically, minimum waiting times that can be introduced by administrative regulations or by a purely actual exercise do not violate the general selection principles. Rather, they serve to implement the performance principle, because the transfer of a higher office requires that the civil servant fully meets the requirements of this office. In order to have a sufficiently reliable basis for assessment, a certain minimum probation period in the lower office is essential. According to Art. 28 Paragraph 2 Sentence 2 No. 2 BayBG, a promotion within one year of the last promotion of an official is not permitted. A blocking period of 3 years in the upper and higher service and of 2 years in the simple and medium service prevents promotion too quickly. Waiting times for the assignment of a promotion office are only in accordance with Article 33, Paragraph 2 of the Basic Law, if they serve to determine the practical qualification of the applicant in the previous office; In any case, they may not be longer than the period provided for a standard assessment.
Company pension scheme
Waiting times also exist in the area of company pension schemes, which apply to employment contracts as a salary component - particularly in the case of so-called employer financing. In this case, the vesting periods , § 1b BetrAVG must be taken into account . The vesting periods are Betriebsrentengesetz regulated. Since 2009, there has been a period of 5 years, coupled with a minimum employee age of 25 years. This means that if the employee leaves the company, the employer-financed company pension will expire before the waiting period has expired.
Passive right to vote in works council elections
Workers are to § 8 Industrial Relations Act in council elections only be selected after the the operation, works have listened to is selected, at least six months.
Protection against dismissal
There is a six-month waiting period for general protection against dismissal under the Protection against Employment Act and for special protection against dismissal for the severely disabled . According to Section 1, Paragraph 1 of the Protection against Dismissal Act, the employment relationship in the same company or company must have existed for more than six months without interruption before the protection against dismissal begins. The same applies in accordance with Section 173 (1) No. 1 SGB IX for protection against dismissal for severely disabled people.
See also
Individual evidence
- ↑ Federal Labor Court (BAG) judgment of November 17, 2015, file number 9 AZR 179/15
- ↑ cf. BVerwG, decision of April 7, 1990, Az .: 2 B 21/00
- ↑ cf. OVG Rhineland-Palatinate ZBR 1981, 378
- ↑ Maximilian Baßlsperger, Introduction to the new civil service law , 2009, p. 107
- ↑ BVerwG, judgment of March 19, 2015, Az .: 2 C 12.14
