The move forward of the semester break in Upper Austria announced yesterday was a slap in the face for many working parents. Those who have already agreed on vacation with their employer cannot simply bring it forward by a week. The AK advocates family-friendly solutions.
In principle, a vacation agreement is binding for both parties - a unilateral withdrawal is only legally permissible in exceptional cases. In the opinion of the AK experts, the statutory postponement of the semester break will in principle not constitute a reason for withdrawing from an agreed semester break. Resignation can only be justified in individual cases if the purpose was a family vacation with the children. Since the children are now in home schooling as a result of the postponement, it can be argued that the recreational purpose of vacation is thwarted.
“Under no circumstances are employees allowed to take their vacation in the new semester break unilaterally without an agreement. That would be a crystal clear reason for dismissal, ”says AK President Kalliauer and recommends the parents concerned:“ Find an interview with your employer right away and get his approval to postpone the vacation. Then you are on the safe side. ”Because the employees do not have the right to have their employers approve the vacation requests for the vacation date that has been brought forward. A new vacation agreement is required. “In order to deal with the current crisis in solidarity with society as a whole, the aim should be as amicable and family-friendly as possible. I therefore appeal to employers to take a step towards working parents and enable them to cancel their original vacation or to bring it forward, ”the AK President continued. In this way, internal conflicts and probably also numerous labor court proceedings can be avoided.
and 