The rest of leave of deceased employees the benefit of a judgment of the Federal labour court in Erfurt, the heirs. According to the Federal vacation act, during the lifetime of unused holidays were paid days even if the employment relationship by the death of the employee at the end of, the highest German labour court on Tuesday. As part of the assets of the prior to the death of not more unused annual leave will part of the estate, the court of 9. Senate Westphalia in North Rhine-Westphalia.
He referred to a decision of the European court of justice in November 2018. Accordingly, the vacation claim is a claim that “can not be removed by
the death of the employee retroactively”. Heirs could demand a settlement.
the Revision of the city of Wuppertal remained at the Federal labour court was unsuccessful. You must pay the widow of a until his death in December 2010, where the employees severely disabled 5857 euros. The widow had demanded the withdrawal of the rest leave of 25 working days, of her husband at the time of his death state, and the city therefore sued. Both lower courts had given their right.
the heirs can claim not only the payment of the minimum statutory holiday, but also for the further tariff holidays and additional leave for severely disabled people.
