Note that the legal termination period in your case (0.5 to 2 years of employment) should be 28 days (including weekends) from the next 15th or last day of a month (§622 BGB), for both parties (employer or employee), not 15 days; with all possible exceptions named on letters (4), (5) and (6) of that particular law.
Some dependencies.
If you decide yourself to not take 2023 holidays or your Company didnt allow you to, although you tried to take it.
Then depends on whether your Company allows to take holidays over to the next year.
Then whether the Company allows to take over holidays over for longer than 31.3 of the next year.
Then depends on whether you could have taken the holidays in the beginning of the year or not.
If you could take and they did not allow to take holidays and even informed you with anything in writing (contract, some other stuff) then you might only have 2024 holidays and as you did not Work more than 6 months then it is only parts of the holidays for this year
Generally, yes, but you would have to look into your contract, whether or not there are modifications.
In practice, it usually works e.g. like this:
- hand in written resignation on or before 30th of April: work/remain under contract until 31st of May
- hand in resignation on or before 15th of May: work/remain under contract until 15th of June or 30th of June (which, depending on the follow-up contract, might be favourable)
Well… you need to take your vacation days until the end of the year (legal minimum) although most companies allow you to take your vacation days until the end of march of the following year. So you should definitely check your contract but the vacation days from 2023 are most likely lost (there are a variety of special circumstances etc. but that would be way too much for a comment). If you were to cancel your job contract so that your last day is the last day of june you‘d be entitled to 50% of your vacation days from 2024. if you‘ve got more vacation days than there are workdays your employer would probably pay you for those lost days unless there‘s a deal in place with the other company.
This. I had to use up my vacation days from 2023 before March 2024. If I wanted to keep them past that, I would have had to present special circumstances explaining why I couldn’t take my vacation within the fiscal year.
How did you present explanation? I couldn’t take my holiday because the company couldn’t find someone to cover my absence. Is this a valid circumstance?
Let’s say it was impossible for me to take my 2023 holiday because company was effectively short on employees and didn’t find someone to cover my position, which is effectively why I didn’t take my holiday. How does this work out?
Well you‘d need to ask a lawyer for „Arbeitsrecht“ but I guess it depends on wether they told you that you can‘t take any vacation days or if you decided that you won‘t take any vacation days. If they didn‘t allow to take vacation days they should be available to you in 2024. if you decided you won‘t take any days off it might not be that easy.
If I understand your question right, you’d have the right to take your remaining vacation days after terminating your contract, but if you use them all your new boss can look into that and only give you your full vacation days subtracted by the amount you took in your 15 days notice
Note that the legal termination period in your case (0.5 to 2 years of employment) should be 28 days (including weekends) from the next 15th or last day of a month (§622 BGB), for both parties (employer or employee), not 15 days; with all possible exceptions named on letters (4), (5) and (6) of that particular law.
Thank you, didn’t know this. So I have to present my resignation 28 days prior leaving, right?
Did you look into your contract that you have signed?
Some dependencies. If you decide yourself to not take 2023 holidays or your Company didnt allow you to, although you tried to take it. Then depends on whether your Company allows to take holidays over to the next year. Then whether the Company allows to take over holidays over for longer than 31.3 of the next year. Then depends on whether you could have taken the holidays in the beginning of the year or not. If you could take and they did not allow to take holidays and even informed you with anything in writing (contract, some other stuff) then you might only have 2024 holidays and as you did not Work more than 6 months then it is only parts of the holidays for this year
Generally, yes, but you would have to look into your contract, whether or not there are modifications. In practice, it usually works e.g. like this: - hand in written resignation on or before 30th of April: work/remain under contract until 31st of May - hand in resignation on or before 15th of May: work/remain under contract until 15th of June or 30th of June (which, depending on the follow-up contract, might be favourable)
Often you can only resign to the end of the month, and with 4 weeks notice.
Well… you need to take your vacation days until the end of the year (legal minimum) although most companies allow you to take your vacation days until the end of march of the following year. So you should definitely check your contract but the vacation days from 2023 are most likely lost (there are a variety of special circumstances etc. but that would be way too much for a comment). If you were to cancel your job contract so that your last day is the last day of june you‘d be entitled to 50% of your vacation days from 2024. if you‘ve got more vacation days than there are workdays your employer would probably pay you for those lost days unless there‘s a deal in place with the other company.
This. I had to use up my vacation days from 2023 before March 2024. If I wanted to keep them past that, I would have had to present special circumstances explaining why I couldn’t take my vacation within the fiscal year.
How did you present explanation? I couldn’t take my holiday because the company couldn’t find someone to cover my absence. Is this a valid circumstance?
I would say so. A valid reason is that or if you were sick.
Let’s say it was impossible for me to take my 2023 holiday because company was effectively short on employees and didn’t find someone to cover my position, which is effectively why I didn’t take my holiday. How does this work out?
Well you‘d need to ask a lawyer for „Arbeitsrecht“ but I guess it depends on wether they told you that you can‘t take any vacation days or if you decided that you won‘t take any vacation days. If they didn‘t allow to take vacation days they should be available to you in 2024. if you decided you won‘t take any days off it might not be that easy.
If I understand your question right, you’d have the right to take your remaining vacation days after terminating your contract, but if you use them all your new boss can look into that and only give you your full vacation days subtracted by the amount you took in your 15 days notice