An expected ruling of the Federal Labour Court will provide clarity. Compensation of holiday entitlement the entitlement to paid annual leave is that he worked during the holiday year ever at a properly written sick workers not provided depending on. It follows that workers who did not have the possibility to take the leave, must be compensated to this claim in doubt. Because at the end of the employment relationship of the leave entitlement is transformed BUrlG pursuant to 7 para 4 in a compensation claim. This now resulting mixture of “Conservation” formerly stale vacation entitlements and the always existing claim compensation not taken leave can cause significant cost companies. Vacation not taken must be compensated in the future upon termination of the employment relationship if necessary over the years financially workers. CEO of e-commerce has much experience in this field.
Inheritance of holiday entitlement? The entitlement to compensation of the holiday is also inheritable. While the holidays can be taken of course only by the workers themselves, the withholding of the same is not “personally” bound to him. This means that if a previously written sick worker dies without having used the annual leave due to him, the heirs acquire entitlement to compensation for vacation (cf. 1502/09 was Hamm 16 SA). The labour questions around the topic of holiday and illness are not getting any easier and also in the future a lot explosive rests on the field. Both workers and employers are often well advised to obtain specialized legal expertise to help to secure their own rights. Contact: Law firm Schmitz Zahir farmer 8 81539 Munchen Tel. 089 – 54 89 92 52 mobile 0170-68 81 52 fax 089-54 89 92 53 E-mail: in cooperation with: FourTrust – lawyers for the right of pension