[co-author: Pauline von Stechow]

In its ruling of January 29, 2026 (Ref. No. 4 SLa 290/24), Germany’s Saxony Regional Labor Court (Landesarbeitsgericht (LAG)) held that a lawful strike supersedes previously approved vacation leave, meaning that participating employees may receive no pay for that period and may forfeit the corresponding vacation days—a decision with particular relevance for employers facing prolonged periods of industrial action.

Quick Hits

• A lawful strike in Germany can supersede previously approved vacation, resulting in an employee not receiving vacation pay for the strike period.
• Vacation from the previous year may expire if it is not taken during the carryover period; the employer’s special obligations to cooperate may be set aside if the vacation has already been requested and approved.

The Case—Vacation Approved, Strike Underway: Who Pays?

The employer, a recycling company, had employed the employee since July 1, 2021. Prior to the start of industrial action, it granted the employee recreational leave for the period from December 11, 2023, to December 15, 2023. However, starting on November 8, 2023, the employee participated in a lawful strike at the company, which continued without interruption until May 2024. During this time, he did not do any work. The employer did not pay vacation pay for the approved vacation period. During the strike, the employee received strike pay from the union (IG Metall). In a letter dated February 21, 2024, he...

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