e. by 31 March at the latest. forfeiture of vacation I

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This should be properly documented and processed as part of the last payroll. Can vacation in the catering industry also expire? Vacation entitlements can expire under certain conditions. The Federal Vacation Act regulates the expiration of vacation entitlements and the corresponding deadlines. The most important points that you should note as an employer are: Basic rules on the expiration of vacation The statutory minimum benin phone data holiday entitlement that every employee is entitled to must generally be granted and taken in the current calendar year. This means that holiday days must generally be used up by December 31 of the respective year. transfer of vacation Holidays can be carried over to the next calendar year in exceptional cases if urgent operational reasons or reasons relating to the employee justify this. Typical examples of this are: Operational reasons : A high workload or projects that cannot be postponed and require the commitment of the employee(s). Personal reasons : Illness of the employee which makes it impossible for him or her to take leave in the current year. If vacation is carried over, it must generally be taken within the first three months of the following calendar year, i.

f the holiday is not taken by 31 March of the following year, it will automatically expire unless there are still legitimate reasons for it to be carried over again. In such cases, a written agreement should be made between the employer and the employee. rulings of the Federal Labor Court Recent rulings by the Federal Labor Court stipulate that employers must play an active role in informing their employees about their vacation entitlements and expiry dates. You should therefore ask and remind your team to take their vacation in good time. If you fail to provide this information, the vacation may not simply expire. No vacation due to staff shortages Canceling an already approved vacation at short notice due to an acute shortage of staff is tricky in both legal and practical terms. In principle, an employee is entitled to the vacation that has already been approved. Unilateral withdrawal of vacation approval by the employer is normally not permitted and can only take place under certain conditions and with significant justification. Legal framework Legal right to vacation : Vacation once granted is a legally binding entitlement.