How can I request payment for my remaining leave and issuance of a certificate of employment in Germany?

Question from Gattermayr, How can I request payment for my remaining leave and issuance of a certificate of employment in Germany?

Answer from AI:

In Germany, the law provides certain rights to employees regarding their remaining leave and the issuance of a certificate of employment. Here’s a general explanation of how you might go about requesting these.

Requesting Payment for Remaining Leave

In Germany, the Federal Leave Act (Bundesurlaubsgesetz) governs the rights of employees to annual leave. If you have not taken all your annual leave by the end of the employment relationship, you are generally entitled to a financial compensation for the remaining leave days.

• First, calculate the number of remaining leave days you have. This will depend on your employment contract and the time you have worked during the year.
• Next, write a formal letter to your employer requesting payment for these remaining days. It’s important to keep a copy of this letter for your records.
• If your employer refuses to pay, you may need to take legal action. This could involve filing a claim with the labor court (Arbeitsgericht).

Requesting a Certificate of Employment

Under the German Employment Law, specifically § 109 of the Industrial Code (Gewerbeordnung), employers are obliged to provide employees with a certificate of employment upon termination of the employment relationship. This certificate should include details such as the duration of employment and the nature of the work performed.

• Again, you should write a formal letter to your employer requesting the certificate of employment. Make sure to specify the information you want included in the certificate.
• If your employer refuses to provide the certificate, or if the certificate is incorrect or incomplete, you may need to take legal action. This could involve filing a claim with the labor court (Arbeitsgericht).

Please note: This is a general explanation and may not apply to your specific situation. Laws can vary and legal proceedings can be complex. It’s always a good idea to consult with a legal professional for personalized advice. You can find more information on the Federal Leave Act and the Industrial Code online.