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Can vacation be ordered unilaterally?

AK expert Patrick Klug has valuable tips(Bild: Stock adobe, AK Stmk Krone KREATIV,)

Can you actually go on vacation whenever you want - or can the employer also order "compulsory leave"? Patrick Klug, employment law expert at the Styrian Chamber of Labor, knows which legal stumbling blocks to watch out for.

Can vacation be ordered unilaterally? No, because vacation is a matter of agreement. The timing of the start of the leave must be agreed between the employer and employee, taking into account the requirements of the company and the employee's ability to recover. The unilateral ordering of so-called "compulsory leave" by the company management is therefore not legally possible. Conversely, it is also not possible to simply go on vacation whenever you want.

Vacation is a matter of agreement

The date and duration of leave must always be agreed with the employer. However, the so-called "personal holiday" is an exception: employees have the right to unilaterally determine the date of one day's vacation per vacation year.

A so-called company vacation can therefore also not be determined unilaterally. Rather, this also requires a separate agreement. Employment contracts may already contain an agreement to this effect. A vacation agreement is not bound to any particular form. It can be concluded verbally, in writing or conclusively. However, a written agreement is recommended.