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Visa Questions

Rights regarding leave applications

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Rights regarding leave applications
Answer
8/10/07 3:36 PM
Hi,
Am a foreigner working with a firm in germany.
I have already completed my probation period in this company.
I still have 10 days leave from this years quota & i would like to take them next month because of my marriage.
But my manager says there is huge workload and the leave application cannot be approved.
My work contract has a clause that the leave approvals are subject to project status.
Can anybody please let me kow what does the law say in this regard?
best regards
sachin
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/10/07 4:22 PM as a reply to sachin dn.
Your manager doesn't have to approve your holiday. But you can take 1 day Sonderurlaub for marriage, I think. It is extra, not from your quota.

and congratulations of course!!!!

Kaan
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/10/07 5:11 PM as a reply to sachin dn.
Hi kaan,
Thanks a lot.
Do you know any website which explicitly states this
rule so that i can take a printout and slap it onto my managers face.
Best regards
sachin
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/10/07 6:15 PM as a reply to sachin dn.
Ask your manager if there are any germans who get married and did not go to a week's vacation or so.

This is madness. Even, trying to negotiate such a situation is amazing.

It looks like that your boss does not respect things like that. Look for another job. No need to hit your head to the wall and get soaked like this. Period.
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/10/07 6:26 PM as a reply to sachin dn.
Bundesurlaubsgesetz says:

"Der Anspruch auf Sonderurlaub ergibt sich nicht aus dem Bundesurlaubsgesetz. Die Voraussetzungen ergeben sich aus Tarifverträgen, Betriebsvereinbarungen oder dem Arbeitsvertrag (eigene Hochzeit, Umzug, Geburt des eigenen Kindes, Todesfälle von nahen Angehörigen). Sonderurlaub wird in der Regel nicht auf den Erholungsurlaub angerechnet und gesondert vergütet."

It says, you get it, if the contract it allows. I am sorry. I didn't know that.

I had Sonderurlaubs by my marriage and birth of my doughter. That's why I never looked at my contract and I thought it is in law so.

Kaan
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/10/07 6:45 PM as a reply to sachin dn.
pwehrli has right. It is not polite.

Try to talk with a "higher" manager. When they don't give you at least several days, then you should really try to find another job.

Are you in a very important position in a big company?

Kaan
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/10/07 7:17 PM as a reply to sachin dn.
Hi,
He is a sadist boss...but the problem is my marriage is coming up next month & it is extremely short time to quit this job & find another one immediately.
Also my work contract says 3 months to the end of the quarter,so in principle i can only quit the end of the next month.
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/10/07 8:30 PM as a reply to sachin dn.
You don't have to quit your job for a small reason like this one especially that you're getting married.

I suggest you ask your boss for a minimum number of days in order to do the necessary and get married, he should grant you this otherwise he's just an asshole.

In case he was still arguing then I suggest to talk to his boss and/or to Betriebsrat people at your firm, they will tell you what to do.
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/14/07 3:18 PM as a reply to sachin dn.
"a small reason"

let's do everything told to us and be slaves for the rest of our lives here.

That's how it will be taken and interpreted:

He even accepted not to take vacation when he was getting married. So we can give him a lot of work and the same money and make pressure as much as we want.

And not like this:

He is a hard worker and accepted not to go to vacation even when he is getting married. So let's do some sort of favour to him like extra vacation later or money etc.

Enjoy.
0 (0 Votes)

Re: Rights regarding leave applications
Answer
8/16/07 3:38 PM as a reply to sachin dn.
Hi,
Finally the manager agreed to approve the leave application.The manager himself had to go on a 3 week vacation & he formed a committe with the project leader and project manager and the leave application was approved by them.
thanks for ur suggestions
0 (0 Votes)

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