Once an employer in Germany has granted an employee statutory leave, it cannot call the employee back from it. The Federal Labor Court ruled so on 20 June 2000. Even an agreement that allows the employer to recall the employee is void, because it violates the mandatory law on leave.
Leave Is for Rest
Under the Federal Leave Act, leave must as a rule be granted in one block. If it is split, and the employee is entitled to more than twelve days, one part must cover at least twelve working days in a row. During leave, the employee may not do paid work that goes against the purpose of the leave. An employee who falls ill during leave does not lose those days. With a doctor’s certificate, they are not counted as leave.
Leave must also be taken. In 2018, the European Court of Justice decided the case of Tetsuji Shimizu, who had worked for the Max Planck Society and claimed pay for 51 days of leave he had not taken. On 19 February 2019, the Federal Labor Court decided the case on that basis. Statutory leave now lapses at the end of the year only if the employer has asked the employee to take it and has warned clearly and in time that it will otherwise be lost.
Please Contact My Deputy
Ich bin bis einschließlich Freitag nicht im Büro. In dringenden Fällen wenden Sie sich bitte an meine Vertretung, Frau Weber. I am out of the office until Friday inclusive. In urgent cases, please contact my deputy, Ms. Weber. A German out-of-office reply usually names the Vertretung, the person who is responsible for the area while one is away. Before the holidays, teams agree on a Vertretungsregelung, an arrangement for who covers for whom.
The Office Is Not the Home
In Wirtschaft und Gesellschaft (Economy and Society), Max Weber described the features of modern bureaucracy. In principle, he wrote, the modern civil service separates the bureau from the private residence of the official. Bureaucracy sets official activity apart as something distinct from the sphere of private life. German summaries of Weber list this feature as Trennung von Amt und Person, the separation of office and person.
Volkswagen Switches Off the E-Mail
At the end of 2011 Volkswagen began to switch off e-mail on company phones after work. From 18:15 until 7:00 the next morning, the BlackBerrys of the employees covered receive no mail. The rule covered more than 1,100 employees. It did not apply to managers.
Mail on Holiday
In August 2014 Daimler announced Mail on Holiday for its roughly 100,000 employees in Germany. Employees can have incoming e-mail deleted automatically while they are on holiday. The sender receives an automatic reply that names a contact person, and then the system deletes the mail. According to a Daimler spokeswoman, every employee, up to the level of manager, could use it.
The Ministry’s Own Rule
In August 2013 the Federal Ministry of Labor agreed new rules for its more than 1,100 employees. They may be disturbed in their free time only in begründeten Ausnahmefällen, in justified exceptional cases. Im Urlaub dürfen die Chefs ihre Untergebenen grundsätzlich nicht in Anspruch nehmen. During holidays, bosses may in principle not call on their subordinates. Employees who are not reachable in their free time are not to be disadvantaged. The year before, the minister, Ursula von der Leyen, had said: In der Freizeit sollte Funkstille herrschen. In free time there should be radio silence.
Eleven Hours of Rest
The Working Hours Act says that after the end of the working day, employees must have eine ununterbrochene Ruhezeit von mindestens elf Stunden, an uninterrupted rest period of at least eleven hours. In 2023 the Federal Labor Court decided the case of a paramedic who was expected to read a text message about his next shift during his free time. The court held that an employee can have a duty to take note of instructions even in free time. Briefly reading such a message is not working time under the Working Hours Act. A general right to be unreachable is not written into German law.
Days of Rest and Spiritual Uplift
Article 139 of the Weimar Constitution of 11 August 1919 says: Der Sonntag und die staatlich anerkannten Feiertage bleiben als Tage der Arbeitsruhe und der seelischen Erhebung gesetzlich geschützt. Sundays and the public holidays recognized by the state remain protected by law as days of rest from work and of spiritual uplift. Through its Article 140, the Basic Law made this article part of today’s constitution.
Superior Only on Duty
The Bundeswehr’s ordinance on superiors sets out who may give orders to whom. Within a unit, a higher rank alone makes a soldier the superior of another only wenn sich sowohl Befehlender als auch Befehlsempfänger im Dienst befinden, when both the one giving the order and the one receiving it are on duty. Across rank groups, authority by rank applies only inside closed military installations. The Soldiers’ Act adds: Der Soldat hat die gleichen staatsbürgerlichen Rechte wie jeder andere Staatsbürger. A soldier has the same civic rights as every other citizen. Within the requirements of military service, these rights are limited by the soldier’s legal duties.