Remaining vacation days no longer expire automatically.

memduh turan

Memduh Turan

December 20, 2022 • 2 minutes read

The ECJ (European Court of Justice) has ruled that unused vacation days from the previous year may no longer expire automatically. This goes against the previous regulation, according to which unused vacation would expire at the end of the year. What to consider in this regard?

Resturlaub Verfall EugH

Responsibility lies with the employer

Vacation that has not been requested before the year-end will no longer expire automatically. Instead, the employer is now obligated to timely inform their employees ahead of time. Only if:

  • Adequate information has been provided,
  • Opportunities to take the remaining vacation days have been ensured, and -There is evidence, can the remaining vacation days actually expire.

What the notice about remaining vacation entails?

The employer's notice must be a formal request, informing employees about their remaining vacation days. Only if this notice is given in a timely manner and the employee still does not take the vacation, will the remaining vacation expire.

Inheritance of vacation is now possible

Furthermore, a decision was made regarding the inheritance of vacation. This means that if employees pass away, their respective heirs can demand a compensation payment for the remaining vacation. The payout serves as compensation for the untaken vacation days that would normally belong to the employee.

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