Cancel vacation what is the employer allowed to do

cancel vacation: What may the employer?The annual vacation is for many employees the highlight of the entire year. Because for many it means not only summer, sun and beach but above all the necessary and longed-for rest from the sometimes stressful daily work routine. All the more annoying when the boss asks his employee a few days before the start of vacation to postpone the vacation. But every now and then, employees actually have to comply with this request. In which cases the employer may cancel the Cancel vacation may and what rights employees have in this case, read here.

Do not take vacation without permission

You as Employees are not allowed to take the vacation on their own authority. This is not only a reason for a warning, but can even lead to termination without notice.

Because the Federal Vacation Act (BurlG) stipulates that the boss must approve the vacation. If you go on vacation without this granting by the employer, this is considered as unauthorized absence from the workplace – with the already mentioned consequences.

Therefore, the following applies apply for vacation leave in good time and wait until you have a confirmation from the employer. You are on the safe side if you have this in writing.

Cancel approved vacation: is that possible??

But what if the vacation already approved by the employer and he asks you to cancel the vacation and postpone it to a later date?

In this case, the following applies: If the boss has approved the vacation, he must also keep his promise. An approved vacation cannot be canceled – in normal cases.

On the other hand, as an employee, you should always remember that you will probably want to work for your employer for a longer period of time. Therefore, you would be well advised to do everything you can, To accommodate the boss a little.

Change vacation planning: agree with the boss

If it is somehow possible for you to postpone the planned vacation, your employer will certainly be pleased if you do so. Because probably he does not want to cancel your vacation out of bad will. Perhaps there are Shortage of staff or other reasons that affect the company's operations and are to blame for your employer asking you to cancel the leave.

In principle, the following applies in working life: A agreement, which both sides can agree without much stomach ache, is in any case better than a forced.

You should therefore Consider your options and accommodate the boss – as far as it is possible to do so. In the respective situation it is annoying that your vacation planning is changed, but in the long run your willingness to compromise can pay off.

Cancel vacation: important reasons

Arbitrarily the boss may cancel the vacation only from a so-called important reason cancel. The conditions for this are also regulated in the Federal Leave Act.

Thus, the employer may cancel the already approved leave only in case of unforeseen events cancel again.

Among these important reasons:

There is a threat of considerable economic damageThe employee is absolutely needed in the company. The threatened damage can only be prevented if the employee cancels his leave. The consequences of a disaster should be mitigatedAnother reason, according to which the employer is also allowed to cancel vacation on his own authority, are natural disasters. Therefore, in such an emergency, it may happen that the employer cancels the leave.

Cancel vacation due to staff shortage

However, lack of personnel is not a reason, to cancel the already approved vacation. Employers are responsible for scheduling their employees' vacations so that staffing shortages do not occur.

If he fears that there will be such a shortage of employees, for example, during the summer vacations, he is allowed to Do not approve vacation at all.

A subsequent change of the already approved vacation is only with the consent of the employee possible.

Recall from vacation: is that possible??

If you are already on vacation, but your boss wants to cancel your vacation, does not go that. Not even if your employer has included a clause to this effect in the employment contract.

However, even in this case show good will and help your employer deal with really serious operational problems. However, he has no right to do so – and it is a lot to ask of employees to return from vacation that they have already taken.

Employer cancels vacation: do not ignore

Every now and then, employers fail to comply with the law and cancel leave, although they have no right to do so. How should employees behave in this case?

Employees should under no circumstances disregard it arbitrarily, that the boss has cancelled the vacation. Not even if the employer was not allowed to cancel the vacation.

If you ignore the change requests of your employer, this can also have serious consequences. Strictly speaking, employees are in breach of their duties when disregard the employer's requirements against the duties agreed in the employment contract.

A violation of these duties is a grounds for a warning and can even lead to dismissal if it happens again. Employees may only take leave with the consent of the employer. If the employer withdraws his consent, you would go on vacation on your own authority. Therefore, appear at the workplace. Perform their work. Subsequently, you can seek the help of the labor court.

Boss cancels vacation: Your rights

It is annoying enough when the boss cancels the vacation. However, it becomes even more annoying when you have already booked a trip and now have to cancel it.

But there is good news, too: If your employer cancels leave, it's also responsible for making sure the bear the costs incurred:

– Cancellation fees – travel cancellation costs – costs for family members traveling with you – additional costs if you book again later (for example, in the high season instead of low season)

For these costs your employer must pay, as he is responsible for you not being able to take the leave.

Our tip: Collect all receipts and bills incurred because you are not allowed to take the vacation. This way, you can fully explain to your employer what expenses have been incurred and what he has to pay for them.

In addition, you naturally have the right to make up the vacation at a later date. After all, if your employer cancels vacation, it doesn't mean it will be forfeited.

Company vacations: Boss sets vacation

Thus, we see that both sides, i.e. the employee and the employer, are involved in the process of requesting and granting leave. But this is not always the case. Namely, there is a Exception to this rule, which is legally valid: the company holidays.

In this case, the employer – in consultation with the works council, if there is one – determines the company's closing times. During the company vacations, the company remains closed, which of course means that employees can not work. For the duration of the company vacations it is therefore permissible that the Employees must take vacation and the employer thus strictly dictates when his employees apply for their leave.

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