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Holiday entitlement of a dismissed and released employee

Labor law

Holiday entitlement of a dismissed and released employee

The LAG Saxony had to decide a case that occurs time and again in practice. An employer dismisses an employee, releases him from his work obligations during the notice period and instructs him to take his remaining holiday.

The first thing to explain to the Italian reader here is that in Germany the notice period cannot normally be compensated, as the employee would otherwise lose his social security cover. The dismissed employee falls ill on receipt of the notice of termination and is therefore unable to take their holiday during the notice period. The LAG (judgement of 30 May 2024, 4 Sa 17/23) leaves no doubt that the employee is entitled to holiday compensation in this case.