AK service tip

Can my vacation be paid out?

Lukas Lecker from AK Steiermark has valuable tips

(Bild: stock.adobe.com/Maryna Pleshkun, AK Stmk)

Lukas Lecker, an expert in labor law at the Styrian Chamber of Labor, knows that vacation cannot simply be paid out, but rather serves to protect and recuperate employees. He has further important information on this topic.

In principle, all employees are entitled to five weeks of paid vacation per vacation year, regardless of their level of employment. The vacation year generally begins on the day the employee joins the company.

Five weeks means 30 working days if a 6-day week including Saturday is assumed, or 25 working days if a 5-day week is assumed. After 25 years, there is a sixth week of leave to be taken into account; the collective agreement may provide for more favorable regulations.

Vacationis for recreation
 Payment of vacation during an ongoing employment relationship is prohibited. The purpose of vacation is recreation and thus the protection of employees. If there is still an outstanding vacation balance at the time of termination of the employment relationship, this must be paid out in the form of vacation compensation.

The amount of the vacation pay depends on the number of outstanding vacation days and the amount of income.

Even during the notice period, neither the company management nor the employee may unilaterally take vacation. An agreement between the parties is always required here.