Vacation
"Your holiday is cancelled!"
The boss withdraws your already-approved holiday.
§ 19 JArbSchG / § 3 BUrlG
The boss may NOT do that
No! Approved holiday is binding!
Once approved, holiday can only be revoked in absolute exceptional cases (e.g. a threat to the company's existence). Your minimum entitlement as a trainee who is a minor: 25–30 working days/year depending on age (§ 19 JArbSchG). Adults: at least 24 working days (§ 3 BUrlG). Collective or employment agreements may provide for more.
What the law says
§ 19 JArbSchG – Holiday
The employer must grant young people paid recreational holiday for each calendar year: at least 30 working days (under 16), 27 working days (under 17), 25 working days (under 18).
§ 3 BUrlG – Duration of holiday
Holiday amounts to at least 24 working days per year (for a 6-day week) or 20 working days (for a 5-day week).
§ 7 (1) BUrlG – Timing of the holiday
When scheduling holiday, the employee's holiday wishes must be taken into account, unless urgent operational reasons conflict with them.
What you can do
- Always get the holiday approval in writing.
- Once approved, holiday is virtually a contract — the boss cannot cancel it unilaterally.
- If cancellation causes you costs (travel etc.), the employer must reimburse them.
- Vocational-school holidays should be usable for leave — raise it in good time.
Email template for your trainer
Subject: Withdrawal of approved holiday
Dear [name of trainer],
I have been informed that my already-approved holiday from [date] to [date] is to be withdrawn.
I would like to point out that once approved, holiday can only be revoked in absolute exceptional cases. Under § 7 BUrlG, the employee's holiday wishes must be taken into account when scheduling.
I have already [booked travel / made corresponding arrangements]. Should a postponement be unavoidable, I ask for written evidence of the urgent operational reasons as well as reimbursement of any cancellation costs.
Kind regards
[Your name]
More cases: Vacation
- You take holiday when I say!
- You only get 20 days' holiday, you don't need more.
- Tough luck, your holiday days are gone.
- You take a week off at most!
- No vacation until after probation.
- Just take vacation on your school day.
- Your remaining leave expires on 31 December.
- Forget your remaining leave at the end of the training.
- You have to take vacation for the funeral.
- Educational leave? Not for trainees.