No Settlement Can Waive Minimum Vacation Rights, German Court Rules
Absence of mandatory leave reduction
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Employees in Germany still have the right to claim their statutory minimum vacation, even if their employment is ended through a court settlement. In a landmark decision, the Federal Labor Court in Erfurt has ruled that employees cannot forfeit their minimum vacation entitlements in such a settlement.
The Ruling:The highest German labor court stated decisively that an employee cannot waive their statutory minimum vacation rights in a court settlement (9 AZR 104/24). In a case from North Rhine-Westphalia, the court addressed vacation claims of seven days, which a plaintiff, employed as an operations manager, argued for despite being continually ill and unable to work during the entire employment period.
Case Details:The employee and employer agreed in the court settlement that the vacation claims would be "granted in kind." However, the Federal Labor Court, dismissing the employer's appeal, ruled that the former operations manager is entitled to compensation for his unfulfilled statutory minimum vacation from 2023. This decision overturned previous rulings by both lower courts, including the Cologne Higher Labor Court, which had ruled in favor of the employee.
Legal Protection:This federal court decision upholds the principle of protecting employees' rights by ensuring they receive the legally mandated minimum vacation. The court’s stance makes it clear that any agreement to relinquish statutory minimum vacation entitlements via a court settlement is legally invalid.
Source: ntv.de, dpa
[1] It's crucial to note that this ruling underscores the importance placed on employee rights as well as the protection of statutory minimum vacation entitlements in Germany. Attempts to forfeit such rights via a court settlement would be legally invalidated, as evident in this specific decision by the German Federal Labor Court.
- The ruling by the German Federal Labor Court emphasizes that community law, enshrining employee rights, ensures statutory minimum vacation entitlements are protected, even in court settlements, thereby invalidating any attempts to forfeit such rights.
- In the realm of workplace-wellness and health-and-wellness, this landmark decision underscores the significance of the right to family life, as employees' statutory minimum vacation rights, a key factor for maintaining work-life balance, cannot be surrendered, even in court settlements.
