Remaining leave no longer expires, but can also be taken in the new year.
(Photo: imago images/Westend61)
Dusseldorf Anyone who has been annoyed that remaining vacation time expires at the end of the year can be happy: On December 20th, the Federal Labor Court (BAG) is due to hold a hearing in which the Erfurt judges are likely to decide that employees’ vacation entitlements will no longer expire and will not become statute-barred .
This can mean that remaining leave can still be taken years later or that it has to be paid out to employees when the employment relationship ends. Exception: The employer has ensured that employees can actually take their vacation. Employees must therefore be informed in good time by the boss of remaining vacation entitlements and asked to take vacation.
The European Court of Justice (ECJ) recently ruled that a holiday entitlement can only become time-barred if the employer has complied with his obligation to cooperate.
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