Compulsory leave
As forced leave is called one prescribed by the employer, without prior request of the employee, relaxing holiday . In German law, however, compulsory leave is only permitted under certain conditions.
background
An increasing number of companies are feeling the effects of the financial crisis from 2007 onwards , resulting from the banking crisis, and are reacting to the decline in orders and the resulting low capacity utilization in production with forced vacation and short-time work . As part of the economic stimulus package I, the German government also extended the receipt of short-time allowance to 18 months. This is to avoid dismissals.
Legal framework
If compulsory leave is ordered, the principles of the Federal Leave Act apply in Germany ( Section 13 (1) sentence 3 BUrlG). However, the employer does not take into account the employee's individual vacation requests if there are urgent matters . This could also be the current economic situation, for example. Something similar occurs during company holidays , when the company's production stops.
The salary must continue to be paid during the vacation period and also if the working-time account credit is reduced. Shift and overtime allowances are usually omitted.
Individual evidence
- ↑ Handelsblatt.com on October 29, 2008 on the increasing regulation of compulsory leave in many German companies (accessed: November 27, 2008)
- ↑ As part of the economic stimulus program in Germany, short-time working (limited to one year) is being extended to 18 months ( Memento from March 31, 2009 in the Internet Archive ) (accessed: November 27, 2008)
- ^ Thomas Sigmund: Fear of dismissals: Forced leave and short-time work in times of crisis. In: handelsblatt.com . October 29, 2008, accessed on July 2, 2016 (Labor lawyer Jobst-Hubertus Bauer on the legal basis of compulsory leave in the 2007/08 financial crisis).
