The vacation has long been prepared and approved. Now the employer reports and cancels the vacation days. Is he allowed to do that?
The sunscreen is on, the socks are in the sandals and the flights to Mallorca or Greece are booked. the holidays have been discussed and approved with the employer for a long time. Mentally you are already on the beach when the call comes: Holidays have to be cancelled, the employee is urgently needed at work.
Can the employer take approved vacation days just like that? cancel permit? And can he even send an employee to Cancellation of vacation request?
Holidays, once approved, can hardly be cancelled
The approval of a holiday entitlement is binding for employers and employees. Once the holiday has been approved, the employer has only two options for canceling it:
- At the request of the employer, the employee can voluntarily agree not to take the holiday.
- Or there must be an unforeseeable, existence-threatening circumstance for the company to allow a supervisor to withdraw vacation.
Specifically, this means that the company shortly before the collapse must stand or without the cooperation of the employee considerable damage would occur. This only applies if the employer has no choice but to cancel the approved leave. Even if this deletion should later turn out to be legally inadmissible, the employee must first comply with it.
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Canceling your vacation: from the beach to your desk?
Is the vacation once started, the hurdles for the employer are even higher if he wants to bring the employee back. The company absolutely must depend on this individual employee. In disputes a labor court will have to decide when this is the case. Nevertheless, employees do not have to be available for their superiors during vacation. Also interesting: Vacation 2023: Air travel is cheapest on these days
Any regulations that allow a holiday break in the employment contract according to the case law of the Federal Labor Court, are considered invalid. Holidays taken under such conditions are even considered not to have been taken.
More on the subject: A week’s vacation for less than 500 euros: Where that’s possible
mere staff shortage shall not be considered sufficient reason. This is how the Cologne Higher Labor Court (LAG) ruled in the case of a saleswoman who was supposed to break off her vacation because a Sunday was open for business.
Also read: Travel and fly: Valuable tips for sustainable holidays
cancellation costs
If an employee voluntarily agrees not to take a planned vacation at short notice, in most cases the employer will take over any resulting vacation Costs. If the employer withdraws the approved leave without consent, he must do so in any case.
At canceled vacations he is always obliged to do so. This includes all costs incurred by planning the holiday, such as flights, hotel or rental car. All unused vacation days are credited back to the employee. It’s all in Federal Vacation Act regulated. (os)
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