Vacation entitlement upon retirement this is how it is regulated 1

Here's how to do it right Vacation entitlement at retirement: here's how it's regulatedThe remaining vacation entitlement may not seem so important shortly before retirement begins – after all, there will soon be plenty of time off. However, it is definitely worthwhile to plan carefully and thus still enjoy some benefits.

How much vacation am I entitled to when I retire??

For this question the Date of pension commencement decisive, because it determines the number of remaining vacation days. If you do not retire until the second half of the year, you are no longer automatically entitled to the full amount of annual leave. At least if the employment relationship has already existed for longer than six months. In contrast, in the first half of the year or if the employment relationship has only existed for less than six months, there is only a pro rata entitlement.

Vacation entitlement when pension starts in the first half of the year

Is the last working day before the start of retirement on 30. June or earlier, exist for each month worked in the year a Twelfth of the annual leave entitlement. This means, for example: If an employee is generally entitled to an annual leave of 30 days, this corresponds to a monthly entitlement of 2.5 days. If he leaves on 30.3. retires, he acquires a vacation entitlement of 7.5 days beforehand. In practice, however, he is entitled to eight days, because according to § 5 of the Federal Leave Act (BUrlG) fractions of at least half a day in favor of the employee rounded up to full days become.

Entitlement to vacation when retiring in the second half of the year

Those who take leave in the second half of the year – i.e on 1. July or later – becomes a pensioner and has been in the current employment relationship for at least six months will receive his or her full vacation entitlement for the year. This applies at least if no other provisions have been contractually agreed for this case. For example, it may be that the Employment contract also provides for the vacation to be divided into twelfths in the second half of the year. The latter, however, is only permissible for vacation days that exceed the statutory minimum vacation.

Also Collective agreements often contain special regulations on vacation and retirement – in the public service of the federal government (TVoD) and the federal states (TV-L), for example, a split is also standard in the second half of the year. Therefore, be sure to A look at all important contracts, before you confront your (former) employer with claims. This applies to vacation entitlement at retirement as well as to other disputes in the job.

Am I entitled to vacation pay when I retire?

If the employer pays vacation pay, the entitlement to it arises analogous to vacation days. Those who retire in the second half of the year can therefore look forward to the full vacation allowance.

On the other hand no Christmas bonus for new pensioners, even if you retire in the second half of the year. Here, too, however, special (collectively agreed) contractual provisions are possible that can nevertheless lead to a payment. For example, a collective agreement may provide for a specific cut-off date for Christmas bonuses. If it is before the start of the pension, it is paid.

Vacation entitlement can expire after a long illness

Also employees on sick leave acquire vacation entitlement. However, in the event of long-term illness, it is difficult to take these vacation days. Unlimited accrual for later is not possible: vacation entitlement expires after 15 months at the latest – always on the 31st. March. This regulation applies to normal working life as well as to cases of temporary disability pension and age-related retirement.

What does this mean for vacation entitlement after a long illness followed by retirement?? When an employment relationship is terminated – and this is the case upon retirement – the employee Entitlement to compensation for vacation. So the vacation days not taken are paid out. This regulation is in § 7 BUrlG. Attention: The entitlement to compensation also expires after 15 months! If you are ill for a longer period, you should ask your employer for payment in the meantime and not wait until you retire.

This regulation is based on a ruling by the German Federal Labor Court (BAG), which in turn follows the case law of the European Court of Justice (ECJ) (AZ 9 AZR 353/10).

© Fotolia/Darren Baker

How is vacation regulated upon retirement at 63?

For vacation entitlement at retirement at age 63 (or generally before the statutory retirement age), there are No deviating regulations. Again, if an employee retires in the first half of the year, he or she receives a pro-rated vacation entitlement, and in the second half, he or she receives the full vacation entitlement. The same rules apply to vacation pay, Christmas bonuses and compensation for vacation days that cannot be used due to illness.

Plan well for retirement and maximize vacation entitlement

Retirement is seldom spontaneous, so there is usually enough time beforehand to think about the end of working life. A common solution is to use the remaining Vacation days are taken at the end of work, so that retirement feels like it starts a few weeks earlier. With timely planning, this shouldn't be much of a problem from the employer's side. The Annual vacation planning is also a good time to clarify any misunderstandings about the amount of vacation entitlement in the pension year.

Another consideration: If you're still working in July, you're entitled to all of your annual leave. If the regular retirement date is in May or June, it may be worthwhile to ask him to to postpone a few weeks and thus benefit from additional days off and vacation pay.

How do I end my employment relationship when I retire??

Many employees believe that their employment relationship ends automatically when they retire and that they do not need to terminate it. But in many cases this is not correct. Especially who retire early goes, must give notice yourself. However, even if the pension does not start until the employee reaches the standard retirement age, an exact A look at the employment or collective bargaining agreement. If there is a provision that the employment relationship ends automatically when the standard retirement age is reached? In this case, notice of termination is not necessary – but otherwise it is.

Like this post? Please share to your friends:
Leave a Reply

;-) :| :x :twisted: :smile: :shock: :sad: :roll: :razz: :oops: :o :mrgreen: :lol: :idea: :grin: :evil: :cry: :cool: :arrow: :???: :?: :!: