The employer received notice? The need of workers is especially great to take leave from work everyday during the summer months. In particular the school holidays are very popular with the workers with families, because usually families can spend the holiday together and travel only at this time. There is a claim of any employee in the course of his employment, to obtain paid leave law normalized. The number of days that an employee receives, is governed by the Federal Holidays Act with a minimum of 30 days. Derogations may be adopted only for the benefit of the employee.
But what if the employer denies the holiday exactly at this time? Many workers are of the opinion that if there is no operational requirements that they can then determine the holiday itself. So it actually repeatedly happens that tourists have taken their leave, traveled halfway around the world, to learn then at Homecoming, that the employer them without notice has announced. What happened? Only the employer generally determines when an employee on vacation can go and when not. The needs and wishes of the employee are to consider sympathetically by law. The result however is not a claim of a worker to determine the holiday itself. Quite the contrary.
Should have been an employee of the opinion, he should not be able to ask his boss, but he could go to the holiday in the summer and took the leave, so it is not surprising that the notice in the House flapping this employee. With more than 5 employees in the operation of the protection against dismissal Act is applicable. In this case, a worker only for persondenbedingten, behavioral or operational reasons may be terminated. The grounds for dismissal listed in 1 protection against dismissal Act are exhaustive. If someone unilaterally takes vacation, without the boss to ask or even against its will, so a behavioral termination reason before. The boss can terminate then even the employment relationship in compliance with a notice or particularly dramatic cases. Provide so, to determine the holiday. Here great stress threatens with the employer to the termination. If you, anyway, received a termination for whatever reason, please urgently contact a specialist lawyer for employment law. Here, deadlines must be observed. The right argument and the corresponding case law, lets fight in many employee disputes due to the removal of a cancellation, either a high compensation or even the reinstatement. Lawyer Georg Schafer has specialized in recent years on the dismissal and the dismissal process.