After termination, many are wondering how much the rest of the holiday due to them still. For the holidays, of the date of Termination plays a large role.
What many people Who has worked for at least half a calendar year in a company, in case of a cancellation the full entitlement to holiday.
holiday claim in case of termination: How do I calculate my remaining days of vacation?
this is according to the labour law of the time of learning however, a role in which an employee terminates or is terminated:
Announcing an employee in the first half of the year, so up to 30. June , then the holiday entitlement is Pro rata according to the duration , in which the employee was in the company’s employ. He receives one-twelfth of annual leave for each full month. A staff member announces, for example, to 31. In may, he will receive an annual vacation of 30 days a total of 12.5 days ‘ vacation (30 days vacation / 12 months x 5 months). The employee leaves but in the second half of the year from the operation, he may, according to the Federal vacation act, the full-year holiday – if the employment relationship since at least the 1. January of the year.
In the corresponding text of the law to § 4 BUrlG it says: “The full holiday entitlement is first acquired after six months of Existence of the employment relationship.”
Also interesting: Can make you Sick and in the sample time: me, quit?
“Pro rata”clause in the employment contract limited holiday abspruch
In the latter case, however, there is an exception if the contract of employment a “pro rata”clause (dt. on a Pro rata basis) includes. Thus, a scheme is meant, according to which the company granted the vacation for the admission year or the termination year Pro rata. This Pro rata calculation, however, concerns only the vacation days in excess of the minimum leave. This is for a 5-day week, 20 days of vacation.
does not include this clause in the contract of employment to employees from the second half of the year, the full annual vacation.
when your remaining leave is forfeited when it can withdraw, and how to calculate the payment, read here.
further Reading: are the most frequently asked questions for notice.
Also: Constantly sick, May terminate my boss to me?
Andrea Stettner
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