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 claimed vacation pay and later filed a lawsuit (most recently: EUR 774.10 gross plus interest); alternatively, he subsequently requested five days of recreational leave.
The Decision—Primary Obligations Suspended: Vacation Entitlement Lapses
The LAG dismissed the appeal and confirmed that the employee was neither entitled to vacation pay nor—in the alternative—the retroactive granting of five days of vacation from 2023. The starting point is that the fulfillment of the vacation entitlement generally requires a...
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