How do I get a holiday and vacation pay in the 450 € job?
Part-time workers, like full-time employees, are also entitled to paid leave as part of an 450 € job.
How to be a mini-jobber after the termination "More" can get out!
Even part-timers are entitled to paid leave as part of an 450 € job, as are full-time employees. For some companies and corporations, the granting and payment of 450 € employee leave is self-evident.
In many companies, however, the mini-jobbers are wrongly denied such a claim.
Often, there is no provision in the employment contract for the leave entitlements of the employee. However, this does not mean that in this case no vacation entitlement would exist. The statutory holiday entitlement of the Federal Holiday Law (BurlG) then comes into effect. This is basically 24 working days a year, starting from an 6 day week. If, for example, an "450 € jobber" only works on 3 days a week, then the annual leave entitlement is 12 working days. On these 12 days, the employee is therefore granted leave, paying his usual remuneration.
However, many 450 jobbers work irregularly on demand or as needed. In these cases, employees often do not know how many days of vacation they really deserve. In addition, employers often refuse to claim leave on the grounds that it is up to the employee if and when he or she enters the shift schedule. If the employee does not have time, then he does not need to register and would thus have his desired "vacation".
However, it is overlooked that no holiday pay is paid in this case, so the employee receives no compensation. It is therefore not on holiday as defined by the BurlG. In the context of a 450 € job, however, experience has shown that many employees do not want to risk a dispute with the employer and, as a result, refrain from consistently claiming vacation entitlement during their employment relationship.
What many workers overlook, however:
In the context of 450 € Jobs after termination and termination of employment there is also the possibility of the so-called holiday compensation according to § 7 Abs. 4 BurlG, ie if at the end of the employment still a vacation entitlement exists and this can not be granted because of termination, so this is deducted, that is payable with the respective "value". This leave allowance often makes it possible to get a three-figure sum after completion - depending on the duration of the employment relationship and the amount of work done. This compensation entitlement is subject to a limitation period of 3 years in the regular limitation period, so that a vacation compensation can be enforced long time after the end of the activity.
This article therefore wants to give the many 450 jobbers a guide on how their own holiday entitlement can be specifically calculated and enforced.
The formula is:
Number of days x earnings per day = compensation amount
- First, the number of vacation days must be calculated. To do this, calculate the average working days per week and multiply these by the factor 4. This gives the annual leave. According to § 5 BurlG, in certain cases the annual leave must be correspondingly reduced for the months not worked. (Caution: in many cases, such a reduction does not take place, however, the exact background would go beyond the scope of this contribution and only lead to confusion of the reader).
- The number of vacation days is then multiplied by the average daily earnings, based on the last 13 work weeks.
In case of uncertainties in the calculation, one should not be afraid to consult a lawyer working in the area of labor law. This also explains the existence of a cost risk in each case.
If you have determined the exact amount of the holiday compensation, you should ask the employer for the payment under reference to the existing legislation. If the employer does not react or refuses to pay, it is advisable to go to the competent labor court and to apply for a so-called labor court reminder procedure.
If you have any questions about vacation compensation, our Lawyer Michael Gabler is available for storage, management and analysis.
I have a mini job as a gardener for whom I montl. 450 € receive. I usually have no fixed working hours but fixed tasks that have to be done every month.
My employment contract contains the clause: in the case of leave and illness, the employee must provide for replacement at his own expense.
Since I signed this contract, I'm nailed down by my boss. What can I do?
The clause in the employment contract is ineffective! Therefore, you do not need to worry about replacing it yourself! Tell your employer that you will not be able to replace it and that you will continue to pay your salary in the event of illness or vacation!
For further questions on labor law I am at your disposal!
With kind regards,
Michael Gabler
Lawyer
Fork & Hendel
Lawyers PartmbB
Bajuwarenstr. 2e
93053 Regensburg
How is the vacation remuneration calculated if I have stayed at home for a long time due to Corona, i.e. I haven't worked for 13 weeks before the start of the vacation.
Thank you very much
Hello Mr. Stürmer, like many other questions in connection with the corona pandemic, this is also complex and cannot be answered without further examination of the specific circumstances of the individual case. It would be best if you contact us briefly by phone or email. Then we can check your facts individually.