The rights of the employee and employer for a break from work (sabbatical). Sabbatical”refers to a method for promoting the future performance and personal development of workers, which is possible in practice only under certain conditions and who want to be well prepared. During the sabbatical, the workers takes a several-month break that he can use for personality development, training etc., then under the same working conditions continue to work. First of all: generally, the employee has no right to a sabbatical. If an employee wants to take some unpaid time off from his work, this is basically just then, if workers and employers advance has been agreed, or if the employer agrees. Workers and employers can take a corresponding control in the work contract or enter into a separate agreement. This almost never happens in smaller companies. In larger farms appropriate arrangements well before.
In the public service, there are legal regulations, giving rise to a claim on a sabbatical. In the case-law it was disputed whether the workers entitled to a sabbatical for some time so a sustained several months unpaid break against the employer on the basis of 8 para 4 can have part-time and fixed-term law (TzBfG). While the Landesarbeitsgericht (was) Dusseldorf in an earlier decision of the polor (REF.: 18 (4) SA 1269 / 01) a such claim yet bound has ruled that Dusseldorf was the 17.05.2006 (REF.: 12 SA 175/06) that the worker could derive such a claim from 8 para 4 TzBfG. According to 8 para 4 TzBfG, the employee has a claim against the employer to reduce his working time if there are no operational reasons. WAS Dusseldorf thinks the block reduction but not in the recent decision, that this will allow only the reduction of the weekly or monthly working hours, the working time to zero. Specialist Attorney tip workers: If you want to make sure that you have a claim on a sabbatical, it may be necessary this expressly in their contract of employment.
Your employer is required to create a reserve, which should be created on the basis of the agreement from your employer for the period of your sabbatical, according to the requirements of paragraph 8a of the age part time law insolvency firm. Note: Should your employer still created the reserve not insolvency Festival have claims against the Managing Director of tort divorced after a judgment to the Landesarbeitsgericht Berlin-Brandenburg by October 6, 2009 (reference number: 16 530/09 SA) basically from. The Federal Labour Court has on the appeal against that judgment (placed under the reference number: 9 AZR 36/10) have not yet decided. Specialist Attorney tip employers: outside the public service after the recent case-law principle applies, no entitlement to a sabbatical. When the wording of an agreement to make sure that you reserve the possibility, depending on circumstances the sabbatical or whose period of the company. A post by lawyer Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin E-mail: