Statutory holiday entitlement from the age of 50: How much am I entitled to?

More vacation? Statutory holiday entitlement from the age of 50
Are employees aged 50 and over entitled to more vacation days than younger employees?

Do employees aged 50 and over actually have a higher statutory holiday entitlement because they have been working longer?

How much vacation you are entitled to is determined in your employment or collective agreement. However, employees do not only depend on the goodwill of employers. Because there is one in Germanystatutory minimum holiday entitlement.This one is inFederal Vacation Actclearly regulated.

At aFor a 5-day week, employees are entitled to 20 days of paid vacationto. At aFor a 6-day week, the holiday entitlement is 24 days.Many employers also grant their employees additional vacation days. This is why many employees have, for example, 28 or more vacation days despite a 5-day week.

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But what does it actually look like for employees who are older than 50 and have therefore been working for many years? Are you entitled to more vacation than, for example, a 26-year-old young professional? We clarify!

The holiday entitlement is the same for all employees, regardless of their age. Therefore also applies toEmployees aged 50 and over have the statutory holiday entitlementof 20 days for a 5-day week, or 24 days for a 6-day week. In practice, companies often grant long-term employees more vacation days on a voluntary basis.

However, there isnonelegal right to it.

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Age-dependent staggering of vacation days is usually ineffective

In some collective agreements, employees with a long period of service benefit from more vacation days. For example, age-dependent graduations are often found in the public service collective agreement (TVöD). Depending on their age, employees get more vacation days.

Some collective bargaining employees therefore receive 27 days of paid vacation up to the age of 30, 28 days up to the age of 40, 29 days up to the age of 50 and 30 days of paid vacation up to the age of 60.

However, there is oneAge-dependent staggering of vacation daysaccording to a ruling by the Federal Labor Court (BAG) in 2012mostly ineffective.

According to the BAG, vacation staggering violates the General Equal Treatment Act (AGG), which came into force in August 2006. The reason: Discrimination based on gender, religion, sexual identity, race or even the age of the employee is ineffective.

Nevertheless, the judgment is only a guide. It is not generally impermissible to grant older employers more vacation. The labor court decides here on a case-by-case basis.

If there are legitimate reasons that justify more vacation days for older employees, the responsible labor court can also judge age-related vacation staggering to be permissible.

Reading tips:

If you want to learn more about your rights and obligations as an employee, you should buy this book: “Labor law for employees: Everything you need to know to get your rights„.

The guide deals with all important topics in an understandable way, from checking the employment contract to vacation rights to general questions about the job. Anyone wondering whether you need legal protection insurance and what a union actually does will love the book by the renowned lawyer Julia Oesterling.

In the gallery you will find 5 job facts that you definitely didn't know:

Right to days off to look for a new job.

If you have been terminated or are resigning yourself, you are entitled to paid time off for job interviews or other professional activities.

Right to a qualified job reference.

When your employment relationship ends, your employer must give you a written reference that assesses your performance and behavior on the job.

Right to privacy in the workplace.

Your employer is not allowed to read your emails, check your browser history or listen to phone calls without your consent.

He is also not allowed to search your bags or closets without a good reason.

Right to participate in company parties.

If your employer organizes a company party, you don't have to sacrifice any vacation days or work overtime.

Participation in a company party is considered working time and must be remunerated accordingly.

Career, profession and calling – have the courage and actively pursue your professional goals. Read up and network with others. This way you will gradually find your purpose and be able to make a contribution. Your professional success is in your hands.