Save your holiday entitlements 2014

Deadline March 31st of March 2015 – also for temp workers  (download text + form)

According to the collective agreement all workers of DPD have entitlements for holidays and for sick pay – this applies also to temp workers! But most temp workers are told that they don’t have such entitlements, what isn’t true. Because of that they didn’t took any holidays. But till 31st of March they can apply for transferring their holiday entitlements from 2014 to the next year. If they file a petition for that (see the form below), they have the right to claim their holidays of 2014 in 2015. Workers who quit their job can claim the paying out of their holiday entitlements in cash.

How many days of vacation are due to temp workers?
The work contract most temp workers at DPD signed doesn’t specify the weekly working hours. According to § 12 of the German law concerning part-time and limited employment (TzBfG) this isn’t valid. In this case the law declares: “If there is no definition of the weekly working hours in the contract, 10 hours are regarded as agreed.” This means, regardless how many hours were really worked, the temp worker can claim for getting paid 10 hours a week (in our next advice flyer we will explain, how to get the missing money if less than 10 hours a week were actually worked).  Because of this legal requirement the entitlements to holidays have to be calculated on the basis of 10 weekly working hours. For full-time workers (40 hours a week) the annual holiday entitlement is 27 days. Working 10 hours a week therefore claims for proportional 27/4 = 6,75 days a year. Who hasn’t worked the whole year for DPD can claim a proportionate part. Who, for example, started to work at 1st of April can claim for ¾ of these annual vacation days. And who stops working at DPD without having taken all his holiday entitlements as free, but paid, days, can get the money for these days. For one year this would be 567,54 € (6,75 days x 8 hours x 10,51 €).

Attention! After 31st of March your holiday entitlements for 2014 expire. Transferring holiday entitlements of 2014 must be claimed on your employer by 31st of March at the latest. You can use the form printed below. You can submit it directly in the personnel office (demand for a receipt and have a witness with you) or send it by certified mail with return receipt (“Einschreiben mit Rückschein”).

(download text + form)

Read also (german):
http://www.betriebsratspraxis24.de/top-themen/archiv/vorsicht-resturlaub-aus-2014-verfaellt-ende-maerz/

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