Rights in case of holiday sharing and divorce


Questioner

2 colleagues of mine are divorced and are therefore not available every weekend because they have their child. That is already difficult with planning and other colleagues work more weekends because of that. Now it is so that within our company it has been agreed that during the summer holidays everyone can only take 2 weeks of vacation in a row because of the great crowds. In addition, many colleagues have children of school age. I work in security and not too many colleagues can go on vacation at the same time. Now my divorced colleague says that she has already stated in an agreement for the coming years which 3 weeks she will have her daughter and also says that she is therefore entitled to 3 weeks of vacation. I don't think this is fair, but she says that this is the law and that the boss must adhere to it. If this is true, I think I'd better get a divorce. This has nothing to do with equal treatment. She doesn't necessarily have to work irregular hours, this is her own choice. Can you tell me a little more about this? a security guard

Lawyer

The employee is entitled by law to a consecutive vacation of at least 2 weeks. So not 3. Your colleague is therefore wrong. By collective labor agreement or written employment contract, this can be deviated from in favor of the employee. I do not know whether that is the case. Such a claim is generally not absolute. Your colleague's wishes must be taken into account, but this should not be at your expense. If you have any further questions/problems, I advise you to contact a specialized employment law attorney.

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