Legal Minimum Vacation Entitlement
The legal minimum vacation for trainees is regulated by the Federal Vacation Act (BUrlG) and amounts to at least 24 working days per calendar year. In a five-day week, this corresponds to at least 20 working days. The exact vacation entitlement can be higher if it is stipulated in the training contract or in an applicable collective agreement. For minor trainees, the provisions of the Youth Employment Protection Act apply, which provides for a higher minimum vacation entitlement. Thus, trainees under 16 years of age receive at least 30 working days, those under 17 years at least 27 working days, and those under 18 years at least 25 working days of vacation per year.
Vacation Regulations for Minor Trainees
Minor trainees have special protection regulations under the Youth Employment Protection Act, which also relate to vacation entitlement. The vacation entitlement depends on the age of the trainee at the beginning of the calendar year. Minor trainees generally have a right to more vacation days than adult trainees in order to account for the increased need for recovery in this age group. The training company must ensure that the vacation entitlement for minor trainees is granted in full and cannot make any reductions.
Vacation During Vocational School Attendance
When vacation is taken during vocational school attendance, special regulations apply. Days on which the trainee attends vocational school count as full working days. Therefore, vacation days that fall within the vocational school attendance are considered taken vacation days. However, it is not permissible to require trainees to work on vocational school days if they consist of more than five teaching hours. The training company is obliged to release the trainee for participation in vocational school classes without losing any vacation days.
Application and Approval of Vacation
The vacation entitlement must be applied for by the trainee in a timely manner at the training company. The application can be made orally or in writing but should ideally be documented to avoid misunderstandings. The company can only reject the vacation request if there are operational reasons or important training requirements against it. Approved vacation should ideally be granted consecutively and in the desired time to enable optimal recovery. A division of vacation is permissible if done in agreement with the trainee.
Transferability of Vacation
Generally, the annual vacation must be taken in the current calendar year. The transfer of remaining vacation to the next year is only permissible if the vacation could not be taken for urgent operational or personal reasons. In this case, the remaining vacation must be granted and taken by no later than March 31 of the following year, otherwise the entitlement expires. For minor trainees, the transfer of vacation is only permitted in exceptional cases, as the Youth Employment Protection Act prescribes complete recovery within the calendar year.
Vacation Entitlement When Starting or Ending Training
If the training relationship starts or ends within a calendar year, the trainee is entitled to prorated vacation. This means that for each full month of training, one twelfth of the annual vacation is due. If a trainee terminates early, the vacation already taken must be reconciled with the prorated vacation entitlement. If the trainee has taken more vacation than entitled, the company generally cannot reclaim the excess vacation days. A reduction of the remaining vacation is only permissible if expressly stipulated in the contract.
Vacation Bans and Operational Reasons
The training company can impose a vacation ban in exceptional cases if there are urgent operational reasons, such as during times of high workload. This ban must be communicated transparently and coordinated with the interests of the trainee. A blanket refusal of vacation days or a general determination of the entire annual vacation is not permissible. The trainer has no right to restrict the entire vacation to certain time periods, such as company holidays, unless this has already been contractually agreed.
Vacation Entitlement in Case of Illness
If the trainee falls ill during vacation, the sick days are not counted towards the vacation entitlement, provided that a medical certificate is submitted. The sick days are then considered illness-related absences, and the vacation can be made up. However, the trainee must inform the company about the illness immediately and submit the certificate. This is intended to ensure that the trainee can utilize the full vacation entitlement for recovery. Subsequent counting of sick days towards vacation is not permitted.
Compensation During Vacation
During vacation, the trainee receives their regular training remuneration in full. This regulation also applies if the vacation is taken over a longer period. The company may not make deductions or reductions in the remuneration, even if the vacation falls into a period when the trainee does not perform any practical activities in the company. In the case of irregular remuneration or additional payments such as shift allowances, the average earnings of the last three months must be used as the basis for vacation remuneration.
Vacation Entitlement in Special Cases
Special regulations apply to trainees with disabilities, pregnant women, or those on parental leave. These trainees have the right to additional protection and specific regulations concerning vacation entitlement. For example, vacation during pregnancy or parental leave may not be reduced, and any remaining vacation days must be granted upon returning from parental leave. The training company must take into account the special needs and legal regulations in vacation planning and, if necessary, find individually tailored solutions.
Entitlement to Vacation Compensation
Vacation entitlement must generally be fulfilled by granting time off. Financial compensation for vacation is only permissible if the training relationship ends and the trainee can no longer take their vacation. In this case, the company is obliged to financially compensate for the remaining vacation. The amount of vacation compensation is calculated based on the average remuneration of the last months. Compensation during ongoing training is not permissible and violates the legal provisions of the Federal Vacation Act.