Paid annual leave after a change in working hours or employment
Employees of Forschungszentrum Jülich who make the transition from employment not governed by wage agreements (e.g. doctoral researchers, student assistants) to employment governed by the collective agreement (TVöD) retain their existing amount of remaining annual leave. In terms of salary payments, the remaining annual leave is weighted in accordance with the “value” of the previous employment status. As a consequence, pay is either increased or reduced for the month in which the remaining annual leave is taken.
Paid annual leave refers to salary payments that continue when an employee is on holiday. According to Section 21 of the Collective Agreement for the Public Service (TVöD), the scheduled pay and the other pay components designated in monthly amounts shall continue to be paid during holidays.
Paid annual leave after a change in working hours or employment
If an employee moves from part-time employment to full-time employment (or vice versa), any remaining leave is transferred accordingly. The same applies to employees making the transition from employment not governed by wage agreements (e.g. doctoral researchers, student assistants) to employment governed by the collective agreement.
Based on recent court judgements (Federal Labour Court judgement/ Bundesarbeitsgericht Urteil vom 10.02.2015, 9 AZR 53/14 (F); European Court of Justice judgement/ Europäischer Gerichtshof Urteil vom 11.11.2015 - C-219/14), the allowance for paid annual leave is calculated by assigning each day of annual leave a “value” at the time when the employee is entitled to the leave. In cases where the weekly working hours have changed or when the employment relationship has changed (from employment not governed by wage agreements to employment governed by the collective agreement), this can lead to an increase (see example 1) or a decrease (see example 2) in the scheduled pay for the month in which the “transferred” remaining annual leave is taken. Details of the result are listed separately in the employee’s payslip.
Human Resources advises employees to take existing leave before they alter their working hours or before their employment relationship changes.
The following provides a simplified example of how an increase/decrease in scheduled pay is calculated:
Example 1: Fewer working hours | Example 2: Fewer working hours |
|---|---|
Change in working hours from full time (39 working hours per week) to part time (19.5 working hours per week) as of 01.01.2016; 5 days of remaining annual leave from 2015; Remaining leave taken in January 2016; Monthly salary up to December 2015 = € 3,100; Monthly salary from January 2016 = € 1,550 | Change in working hours from part time (19.5 working hours per week) to full time (39 working hours per week) as of 01.01.2016; 5 days of remaining annual leave from 2015; Remaining leave taken in January 2016; Monthly salary up to December 2015 = € 1,550; Monthly salary from January 2016 = € 3,100 |
Paid annual leave entitlement per day: Current salary: € 1,550 / 31 calendar days = € 50 Salary increase per day of annual leave = + € 50 | Paid annual leave entitlement per day: Current salary: € 3,100 / 31 calendar days = € 100 Salary decrease per day of annual leave = - € 50 |
