No vacation consumption during agreed educational period
Supreme Court, decision from 29.9.2020, 9 ObA 69/20t – No vacation consumption during agreed educational period.
During the consumption of the statutory vacation entitlement, the employee must be completely free to spend the vacation as he or she wishes. An agreement according to which part of an agreed educational period is credited against the statutory vacation entitlement is invalid.
When agreeing on a granted educational period, no vacation may be used up for this purpose, as this does not correspond to the meaning and purpose of vacation, namely to create a free space for self-determination. Therefore, if an employee is to be granted time for education, care must be taken not to combine this time with the use of vacation.