Can my employer force me to take vacation during company holidays?
May 24, 2023 | 40,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
my name is Tina Lange and I have been working in a medium-sized company for three years. So far, I have always been able to plan and take my annual leave freely. Now, my employer has announced that all employees must take mandatory leave during the company holidays. This applies to a period of two weeks in the summer.
I am concerned because I had other vacation plans during this time and would prefer to spend my leave at a different time. I wonder if my employer has the right to force me to take my leave during the company holidays, and if there is anything I can do about it.
I am aware that there are different regulations in labor law and I would like to know if my employer is within their rights and what legal options I have to reschedule or otherwise manage my leave. Are there any statutory provisions that could protect me in this situation? What steps can I take to protect my interests and fulfill my vacation wishes?
I look forward to your assessment and possible solutions.
Best regards,
Tina Lange
Dear Ms. Lange,
Thank you for your inquiry regarding your vacation entitlement during the company holidays at your medium-sized company. It is understandable that you are concerned, as you have been able to plan your annual leave freely so far and now find yourself in a situation where you have to take your vacation at a specified time.
In Germany, the Federal Holiday Act (BUrlG) regulates the entitlement to paid recreational leave for employees. According to § 7 (1) BUrlG, the employer must take into account the employee's vacation request, unless urgent operational reasons prevent this. In your case, the employer's directive to take leave during the company holidays could be considered as such an urgent operational reason.
However, it should also be noted that according to § 7 (3) BUrlG, vacation in businesses or administrations should be granted as continuously as possible, unless urgent operational reasons or reasons related to the employee's person necessitate a division of the vacation. In your case, you could argue that you already had other vacation plans and therefore it is not possible for you to take your vacation during the company holidays.
It is advisable to first have a conversation with your employer and explain your situation. Try to find a solution that is acceptable for both sides, for example by suggesting to take your vacation at a different time or to split your vacation. If your employer still insists on the directive to take vacation during the company holidays, you may consider taking legal action.
You could approach the competent labor court and apply for an injunction against your employer's vacation directive. However, it should be noted that a legal dispute is usually time-consuming and costly. Therefore, it is advisable to first seek dialogue with your employer and try to find a solution together.
I hope that this information was helpful to you and wish you success in clarifying your vacation entitlement.
Best regards,
Bernhard Vollmann
