Calculation of vacation entitlement
The vacation entitlement specified for an employee's respective employment relationship always refers to a 5-day week.
If an employee works, for example, only 3 days, Die Agenturverwaltung automatically calculates the vacation entitlement.
Note: If the employment relationship lasts longer than 6 months in a year, a minimum of 20 days of vacation is automatically granted. Only then is the proportion based on the actual weekly working time calculated from these 20 days. We go into this further down this page under "Statutory minimum vacation".
Example
Johanna works 5 days a week and has an entitlement of 28 days of vacation.
Fatima works 3 days a week and also has an entitlement of 28 days of vacation. The system calculates 28 x 3 / 5 days = 16.8 days
The vacation entitlement is also calculated based on length of service.
Example
Johanna starts new at your company. She joins on 15.03 of the year and works with you for at least 6 months. Therefore she is entitled to 9/12 of the entitlement: 9/12 * 28 = 21 days
March is not taken into account here because Johanna did not work with you for the full month of March.
Example
Fatima joins your company on 11.10.
She therefore has a 2/12 vacation entitlement. The system calculates 2 /12 x 28 days = 4.66666 days In this case it is rounded up to 5 days.
Rounding rule
If a fraction (in days) results, it is rounded as follows:
If the decimal part of the value is less than 0.5 days, the fraction remains
If the decimal part of the value is e.g. 22.66666 days, it is rounded up to 23 days
In our example with Fatima above, 4.6 days therefore become ~ 5 days
Statutory minimum vacation
If the length of service begins or ends in the year under consideration, the following applies: If the duration of service in the year under consideration is six months or longer, the employee is entitled to at least 20 days of vacation (calculated on the basis of a 5-day week). If our calculation therefore yields a lower value, it is rounded up to 20, but then the part-time calculation may still be carried out, e.g. 20 days * 3/5 days (for a 3-day week).
The minimum vacation can also result from multiple employment relationships in the current year:
Example for two employment relationships that end before the first half of the year
Employment relationship: 01.01. - 15.02
Employment relationship: 16.02 - 30.04 The statutory qualifying period of 6 months was therefore not reached.
The same principle applies if the employment relationship, for example, begins after 01.07 or starts and ends during the year and is shorter than 6 months.
Example for two employment relationships that together last longer than 6 months
Employment relationship: 01.01. - 15.02
Employment relationship: 16.02 - 15.07 The statutory qualifying period of 6 months was reached here.
The same principle applies if the employment relationship, for example, begins before 01.07 or starts and ends during the year and lasted at least 6 months.
Summary
The vacation entitlement for a considered year therefore results from the entitlements of the individual employment relationships, multiplied by the weekday ratio of the employment relationship (in fifths) and the monthly ratio of the respective employment relationship. The sum is then, if necessary, topped up to the minimum vacation and rounded up (if the decimal place >= 0.5) or remains a fraction (if the decimal place < 0.5).
Remaining vacation
Carrying over remaining vacation into the next year is not legally required, but can be agreed as a matter of goodwill by the employer. On which day of the year (e.g. 31.03) vacation expires can be set on the employment relationship. Attention: For the calculation, this date is taken from the last employment relationship that was valid on 31.12 of the respective previous year.
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