Blocking vacation: When can the boss cancel vacation??Summer, sun, beach and vacation – many employees look forward to their recreational leave throughout the year. And then this: Vacation block! Suddenly the boss cancels the vacation. But is it possible at all? And what if my vacation is already approved and my employer subsequently imposes a vacation ban? Here are the answers to these and other questions.
Vacation block: What does it mean?
If the boss imposes a vacation ban, it can be quite bitter for employees. Because then may Employees cannot take vacation for a certain period of time. But what to do if you have already chosen a hotel and coordinated your vacation with other family members? Then it is called first of all to keep calm. For without a valid reason can the employer the desire for recreational leave of his employee not refuse. This is stated in § 7 of the German Federal Vacation Act (BUrlG). After that, the employer is obliged to consider the vacation wishes of his employees.
However, the restriction follows in the very next half-sentence, because it goes on to say: "unless urgent operational concerns or vacation wishes of other employees who deserve priority from a social point of view conflict with their consideration"." This means that there are definitely reasons that justify a vacation block by the boss. What reasons these can be, we now look at more closely.
Reasons for blocking vacation: When is the boss allowed to cancel vacation??
Urgent operational reasons can thus lead to the fact that the employer does not sign the vacation request of his employee. Such reasons include:
A colleague is already on vacationIn the department, all employees who could take over the vacation replacement are already on vacation during the desired period. In order not to jeopardize the business operations, the boss can impose a vacation ban. Short-term order peakEqually conceivable and thus a reason for a vacation block are seasonal peaks in orders. So it is quite normal that employees in retail, for example, around Christmas time do not get a vacation. Employees in tourism, on the other hand, find it difficult to take vacation themselves in the summer, because that is when their employer needs them particularly urgently. good order situationIf the order situation is unexpectedly particularly good, the employer is also allowed to refuse the vacation of his employees. Especially if the large order can save the company from insolvency. Employees in this situation often understand the vacation ban anyway, because if their employer files for insolvency, this is probably the greater evil.
Vacation block with already approved vacation: Is that possible??
In the majority of cases, it is not possible for the employer to cancel leave that has already been granted. However, there are also exceptions to the rule, which make a vacation block possible. This is the case, for example, if the employer is dependent on exactly the employee to avert a great economic damage to the company. For example, if the employee in question is the only IT security specialist in the company and a hacker attack threatens confidential company data, a vacation block may be possible even if the leave has already been approved. It must therefore be a real emergency act so that the vacation block in such a case is justified. Incorrect vacation planning in the personnel department and a lack of personnel is not a reason for cancelling vacation that has already been approved.
Vacation despite vacation block: These are the consequences
Thus, there are situations in which a leave suspension is justified. Employees are obligated to comply with a justified vacation block by the boss. You cannot simply take the vacation if the boss has not approved it. Not even if you have taken two weeks of vacation at the end of May every year for the last ten years. Vacation must always be coordinated with the employer. to be approved by him. Employees who go on leave without a leave request signed by the boss are treading on thin ice. Because this behavior is considered unauthorized self-leave and that is at least a reason for a warning. In the worst case, it even justifies dismissal.
Should you, as an employee have an impression, that the Vacation block is not justified, As a last resort, you can consider going to an employment tribunal. This is probably only worthwhile if you do not want to be employed by the company any longer anyway. Because no matter what the labor court decides with regard to the vacation block, the employment relationship between you and your employer is likely to be significantly strained following a lawsuit. She should therefore thoroughly weigh up whether her vacation or her job are worth more to you. Vacation ban during the probationary period. In case of illness: what are the regulations?There is still a widespread amption among employees that they are not entitled to vacation during the probationary period, i.e. that they are effectively on vacation lockout. However, this is not true in this absolute form. It is correct that employees who are new to a company only acquire the right to full annual leave after the probationary period, i.e. after the first six months.
However, this does not mean that they would not be entitled to recreational leave beforehand. Because even during the probationary period, employees accumulate vacation entitlements. At least 1.66 days per month of employment, provided that the employer grants only the statutory minimum leave in the case of a five-day week. Employees can also take leave during the probationary period, However, this is shorter than for employees who have been with the company for a longer period of time. You may be lucky and have a very accommodating employer who will grant you an advance on your annual leave, even during your probationary period. Just ask or ask your colleagues how vacation during the probationary period is normally handled in the company.
Blocking vacation due to illness?
Some employers impose a vacation ban if employees are sick more often and/or for a longer period of time. However, this is not legal, because the entitlement to recreational leave arises quite independently of an illness. Recreational leave is there so that employees can restore their working capacity during the time off work.
Those who become ill during their vacation can have their sick days reimbursed. For this purpose, employees must go to a doctor and have the inability to work confirmed with an appropriate certificate (certificate of incapacity for work, AU). The next step is to send the AU to the employer as soon as possible. Some employment contracts stipulate that this must be done within three days. Those who adhere to the contractual requirements can have the vacation days credited again. To be on the safe side, employees should check the process on the next pay slip. If necessary, consult with the human resources department.