Moving and Vacations - Are You entitled to Special Leave?
Moving is not only expensive but also expensive Associated workload. All belongings must be packed in boxes, made in the new home and unpacked there again. Innumerable checklists are created and ticked off, cupboards are transported and even the change of address at the new place of residence must not be forgotten and can sometimes take hours. Rarely a weekend is enough to change clothes, because more time is needed just to pack the boxes. This means for working people that they have to take additional leave to manage the move. Many workers wonder in this context, whether they can not get a few days special leave, since the holiday is usually meant to relax. However, employees are only entitled to special leave under certain conditions. Which conditions have to be fulfilled, how to find out if you get special leave and what you can do, if there are no additional holidays in your case, you will find in this Heimhelden.de guide. In addition, we have many more tips on the subject "special leave because of relocation & ldquo; for you.
What are the requirements for a special leave?
Although many people claim otherwise, the following applies in principle: There is no general legal right to a special leave because of the move. Claims to a paid leave from work are governed by the Civil Code (BGB) and the Federal Holiday Act (BurlG, PDF). However, neither the Civil Code nor the BurlG provide for a special leave on relocation. Instead, additional paid leave is only granted if an employee is "without fault and for a relatively unimportant time". for personal reasons is prevented from doing his job. Examples of reasons for a paid leave include:
- Birth of one's own child
- Death of a close relative (partner, parent or child)
- Care of a sick child under the age of twelve provided there is no other caregiver in the household
Labor law generally does not provide for special leave when moving, because the absence at work would then be self-inflicted.
However, a special leave entitlement exists if the move is for work and
This applies, for example, if you have to rent a flat in another city because of a transfer, or if the entire company relocates.
How much special leave is the employee in a move?
If you have the right to special leave because the move is due to business reasons, there are no legal regulations for the exact number of days of your stay. On average, one day in a move and one day in the event of a move with a change of residence are granted two days of special leave. However, in many cases the actual duration depends on individual factors, such as the relationship to the boss or works council, the current order situation, the employee's ability to work and seniority.
Where can workers find out about the special leave arrangements?
Regardless of whether or not there is a statutory claim, there are some employers who have set their own special leave provisions for their employees when moving. Therefore it is advisable in any case to look into the employment contract in case of an upcoming move, to inquire with colleagues or to inquire with the personnel department. In many cases, there is also a collective agreement that specifies the special leave on relocation.
What to do if there is no entitlement to special leave?
Even if there are no agreements on a special leave for moving due to a move or a collective agreement, this is not a reason to give up directly. You can try to apply for special leave because of the move. This is particularly worthwhile if you have a good relationship with your boss, are rarely ill and the order is currently not so large.
A personal interview with the employer is definitely recommended. If the employment contract or collective agreement does not provide for special leave, but you have a good relationship with your boss, you may still be granted a few days' leave because of your move.
And if, despite all this, you do not receive extra leave for your move and yours Do not want to sacrifice a few days off, you can still hire a removal company. It brings your boxes from A to B, renovates the old apartment and builds the furniture in your new home. This will save you a lot of the work and you might be able to do the rest on a weekend.
Can the boss refuse holiday because he's being used for a move?
Many workers who do not get special leave because of relocation however, use their normal rest vacation for the move. After all, a move is already expensive enough and a professional moving company does not work for free. In principle, the recreational leave is regulated in the Federal Holiday Act. There is always a right to a certain number of vacation days. This also applies to temporary and part-time workers.
The employee's holiday wishes must be taken into account by the employer. He may only deviate from your wishes if they overlap with the holiday wishes of another employee whose wishes are paramount for social reasons. Even in the case of an urgent business need, the holiday does not have to be granted.
If you apply for a vacation, your employer must grant it or inform you of the reasons for the refusal. However, he must not refuse your holiday wish, just because you want to move during the holidays, rather than recover.
Who does not want to sacrifice his precious vacation days in a move, the question quickly arises, whether he is not The Civil Code (BGB) or the Federal Holiday Act (BurlG) are entitled to a few days special leave. Unfortunately, there are no general statutory provisions providing for a special leave because of a private move, instead an extra leave is only granted for company-related moves. However, employers can make their own arrangements for their employees and still grant special leave, so that a look at the employment contract is worthwhile.
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