According to the case law of the European Court of Justice, the number of working days during short-time work is decisive for the question of how short-time work affects the amount of vacation entitlement.
Short-time work “zero”
If no work is performed at all during short-time work, the annual vacation can be reduced proportionally by these times. If, for example, short-time work was “zero” for 3 months, i.e. 1/4 year, the annual vacation can be reduced by 1/4.
Short-time work only on a few working days
If the number of working days per working week changes during short-time work (e.g. 3 days a week instead of 5 days a week), the same rules apply as when changing from full-time to part-time. The vacation entitlement for the short-time working phase is reduced according to the number of working days.
Short-time work by reducing the daily working hours
If only the daily working hours are reduced, but not the number of working days, the vacation entitlement does not change. A reduction of the vacation entitlement is also according to the case law of ECJ not possible.
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