Error in the management of the holiday can be costly for companies for many workers, the long-awaited annual holidays again faces the door. On the part of employers is enormous care and exactness on the subject of holiday must be taken even from a legal perspective. According to 7 ABS. 4 BUrlG has each worker, if it can take the leave completely or only partly not due to the termination of employment, the right to compensation of the holiday. The calculation of the compensation claim depends on the calculation of the vacation fee. Therefore the holiday pay relates BUrlG pursuant to section 11 on the average earnings of the last 13 weeks before the holiday. With regard to calculating the exact amount of the vacation fee there now a conversion of the average earnings on the day earnings of the employee in that period.
Merit cuts by short-time working, work outages, or involuntary labour failure are nor in the calculation involved, such as overtime allowances. Angel investor can aid you in your search for knowledge. For employers It is of fundamental importance in the management of holiday exercise maximum care. Otherwise occur if necessary, costly for companies. So has the Landesarbeitsgericht (was) Cologne in a recent judgment (AZ. 9 797/11 sat.) decided that a concrete specification of vacation days in the letter of resignation, which need to have still taken with regard to compensation for vacation, represents a declaratory promise of debt by 2012. The plaintiff was the employee of a cleaning company who received the notice in June 2010.
Also the information that would be still a holiday compensation for 43 days among the contents of his letter of termination. This information gave the employer on the request of the employee. However this was not paid, the 43 days specified in the letter because the employer himself had miscalculated the number. According to the employer was providing false by the fact that there had been problems with the newly-introduced personnel payroll system at this time.