Overtime and vacation pay
The employee is entitled to overtime compensation, whereby it must be carefully checked whether and, if so, how much overtime is covered by the basic salary. Under certain circumstances, such a provision in the employment contract may be invalid. Therefore, the question of whether the employee is entitled to overtime compensation and how much this is can only be conclusively assessed after reviewing the employee’s documents.
Pursuant to Section 7 (4) BurlG, the employee can demand compensation from the employer for vacation that he was unable to take in whole or in part due to the termination of the employment relationship. However, it may have been effectively agreed in the employment contract that this must be claimed within a certain period of time.
Drafting employment and termination
agreements
It is usually only in the event of a dispute between employer and employee that it becomes apparent that certain formulations are not clear enough or that clauses that have been pre-formulated for a large number of contracts are ineffective.
In particular, if a clause is found to be invalid by the labor court, this is problematic for the employer, as it is not reduced to the legally permissible extent in the employer’s interest, but is completely omitted without replacement or the corresponding statutory provision, which is usually more employee-friendly, comes into effect if the clause unreasonably disadvantages the employee.
It is therefore highly recommended that employment contracts that are to be used repeatedly are drafted or at least reviewed by a lawyer in order to avoid future problems. Should you wish to have your contracts or individual wordings drafted or reviewed, we will be happy to assist you.
Termination agreements are a good way of ending an employment relationship out of court by mutual agreement, which can save high costs for both employee and employer. However, certain legal principles must be observed when drafting such a termination agreement.
If you would like our help in drawing up a termination agreement, we will be happy to advise you.
