Vacation lapsed? Often your entitlement remains
The employer says your remaining vacation lapsed at year-end? It is not that simple. Under the case law, vacation only lapses if the employer informed you in good time of the impending lapse; otherwise it remains.
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Secure your vacation entitlement →Your chances of getting your money back
What you should do now
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1. Determine remaining vacation
How many vacation days are open? Reconcile it with your payslip or vacation account.
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2. Check the notice
Did the employer inform you in good time and clearly of the impending lapse? If not, the vacation has not lapsed.
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3. Demand vacation or compensation
Demand the granting of the vacation, or, at the end of the contract, the payout (compensation), in writing.
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4. Mind cutoff periods
Assert claims promptly, since employment contracts often contain short cutoff periods.
Frequently asked questions
Does my vacation lapse automatically at year-end?
No. Under the case law of the ECJ and the BAG, vacation only lapses if the employer informed you beforehand, in good time and specifically, about the open vacation and the impending lapse. If this notice is missing, your vacation remains.
Do I get remaining vacation paid out if I resign?
Yes. If you could no longer take the vacation by the end of the employment, it is to be compensated, that is, paid out in money (§ 7 (4) BUrlG). Calculate the open days and demand the compensation.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.