Corona short-time workers with days off work must, according to a ruling by the Federal Labor Court, expect a proportionate reduction in their annual vacation.
The highest German labor court ruled on Tuesday in Erfurt in the case of a saleswoman from Essen that this applies to short-time work zero with longer times without a duty to work.
In doing so, the Federal Labor Court passed a landmark judgment in the corona pandemic (9 AZR 225/11) on a "question that is highly controversial," as the presiding judge Heinrich Kiel said.
Saleswoman complained
Given the force of the fourth corona wave, the judge's ruling could have an impact on tens of thousands of employees in Germany in the coming months.
Legal experts spoke of a loophole in the federal vacation law for short-time work zero, which has now been closed.
The Federal Labor Court followed its line since 2019, according to which the amount of vacation leave should be based on the number of days agreed with compulsory work.
It confirmed a ruling by the Düsseldorf Regional Labor Court on the seller's action.
The German Federation of Trade Unions had fought against vacation cuts for short-time work and supported the plaintiff.