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No double pay

When changing jobs and employers within the same calendar year, an employee is not entitled to double the number of paid days of vacation, as recently confirmed and specified by a judgment of the Federal Labour Court (Bundesarbeitsgericht, BAG) dated December 16, 2014 (docket number 9 AZR 295/13).

With regard to sec. 6 para. 1 of the German Federal Vacation Act (Bundesurlaubsgesetz, BUrlG), the court ruled that an employee is not entitled to vacation if it has already been granted by his former employer within the same calendar year. This also applies where a compensation payment has been made in lieu of untaken holiday. If the employee requests vacation, he must inform his new employer about the number of days of annual holiday already granted by his former employer.

In the case at hand, the plaintiff quit his former job in 2010 and started a new one the same year at the defendant’s company. After the termination of the employment, the plaintiff claimed a compensation payment for untaken holidays. The defendant declined any payment due to the assertion that the plaintiff had already been granted all paid days of vacation by his former employer. The plaintiff did not provide the defendant with any certification from his former employer about holiday which had already been taken.

However, the Federal Labour Court stated that the plaintiff had to be given the opportunity to prove that his former employer had not in fact granted him his holiday entitlement wholly or partially, even though he had not provided any verification up to this point. Therefore, the lawsuit was referred back to the Higher Labour Court Berlin-Brandenburg (Landesarbeitsgericht Berlin-Brandenburg, LAG).