Can I take vacation while on short-time work?
Yes, employees can take vacation even while on short-time work. Many companies have what are known as vacation schedules. If employees submit an agreed-upon vacation plan to their supervisors, they will generally be granted it. In some IG Metall collective bargaining agreements, the vacation schedule is even binding on employers. However, once vacation is approved, it cannot be revoked by the employer. This would only be possible if the company were facing imminent collapse—especially if the employee has already started their vacation. Whether it’s company-wide closures or vacation schedules, the works council has a right to co-determination.
Is my vacation entitlement reduced during short-time work?
In the case of a German employee, the European Court of Justice ruled that the duration of the minimum annual leave entitlement of four weeks per year—in accordance with European law—may be proportionally reduced if full workdays are lost as a result of short-time work. However, the European Court of Justice has also clarified that national regulations are not required to provide for this; they can and may also establish more favorable provisions for employees on short-time work.
How the legal situation in Germany should be interpreted in this context is a matter of debate among legal experts. Often, however, the legal situation alone is not decisive. This is because collective bargaining agreements can also provide for more favorable terms—and frequently do so.
Conclusion: Employees should not simply accept a reduction in their vacation entitlement by their employer due to short-time work. It is worth having the legal situation examined in detail. Those affected must clarify the details in an individual legal consultation. IG Metall members can visit their local office for this and receive free advice.
How does short-time work affect my pay during vacation?
While taking their statutory minimum vacation, employees are entitled to at least their usual pay (vacation pay), regardless of any previous periods of short-time work. The European Court of Justice also ruled on this in the case of a German employee.
Does short-time work affect the additional vacation pay?
Entitlements to vacation pay are governed by employment contracts and collective bargaining agreements, so there is no one-size-fits-all answer to this question. Here, too, if you need personal advice and are an IG Metall member, we recommend that you contact your local IG Metall office.
Further guides:
Can my employer force me to take vacation?
How short-time work works
Coronavirus: What Employees Should Know
