10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Additional payments such as Christmas benefits are not required by law. Often collectiveagreements provide for such payments, though. If the employer is not obliged to suchpayments, he needs to be aware of that a duty can arise because of customary law.4.2.7 Paid LeaveThe Federal Paid Leave Act (Bundesurlaubsgesetz – BUrlG) guarantees at least 20days paid vacation per calendar year to the employees who work a five day week. However,it is common for an employee to receive between 25 and 30 days of vacation.There are special regulations for disabled and adolescents who receive longer vacationentitlements.The full vacation entitlement requires that the employee has been working at least for sixmonths. Before the expiration of the six months period, he/she will only receive proportionalvacation.If there are objective reasons, the employer can refuse the employees right to take hisvacation as a whole. He/She also has to choose in respect of social criteria if severalemployees request vacation for the same time.Generally, vacation has to be taken for the current calendar year. If it’s not possible forthe employee to take all his/her vacation, he/she is allowed to transfer it into the followingyear when he/she meets the legal requirements (§ 7 BUrlG). As far as German lawdetermines, that after a period of three months of the next year the vacation of the precedingyear expires this is not corresponding with the EU law. However, an expiry after15 months is in accordance with EU law.After terminating the employment relationships the right of vacation can turn into compensationif the legal requirements are met (§ 7 BUrlG).4.2.8 Sick Leave§ 3 of the Continuation of Remuneration Act (Entgeltfortzahlungsgesetz – EFZG) statutes,that in case of illness the employer has to continue payment of full salary for a periodof six weeks, and under certain circumstances up to twelve weeks. Afterwards thehealth insurance makes sick payment (§ 48 V SGB V). The EFZG is only applicable ifthe employee has been working for four weeks.4.2.9 Industrial AccidentWhen it comes to interior industrial accidents, there is a particular liability scale in Germany.If the accident is caused by an employee, the employer can be liable for the dam-29

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!