My employer (in Germany) has decided to terminate the employment contract on grounds of re-structuring of the organization.

I have about 4 and a half weeks of accrued vacation time which I wasn't able to take, so I asked my employer to pay for the accrued vacation. They agreed and confirmed by email that I would get the money on the last day but mentioned that they don't have language for the payout in the termination contract that includes the severances benefits.


  1. Should I trust my employer on the email confirmation or it should be included in the termination contract?

  2. Will the payout be the same as my normal monthly salary for one month and 3 days as I have 4.5 weeks vacation left? My work contract has 5 days work week.

  • 1
    This may be dependent on your location. – Jenny D Dec 15 '17 at 10:43
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    location is germany – Drifting Shadow Dec 15 '17 at 10:52
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    And again a senseless down vote. I wonder if this community is even worth asking such critical questions. – Drifting Shadow Dec 15 '17 at 10:59
  • @DriftingShadow: Your question is hard to read due to grammar errors and the inconsistent use of highlighting. I edited it to improve this. – sleske Dec 15 '17 at 11:23
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    @MisterPositive: Workplace-specific legal questions are usually on-topic - see (What criteria do we need for questions regarding the law/regulations to be allowed?)[workplace.meta.stackexchange.com/questions/2423/…. And in this case the answer is likely not in the contract because it's governed by law. – sleske Dec 15 '17 at 22:43

This is mostly a legal question.

In Germany, if you have a regular employment contract (Arbeitsvertrag), your employer is required by law to honor any remaining vacation days on termination. The law (Mindesturlaubsgesetz für Arbeitnehmer, § 7) simply says:

(4) Kann der Urlaub wegen Beendigung des Arbeitsverhältnisses ganz oder teilweise nicht mehr gewährt werden, so ist er abzugelten.

English (inofficial):

Where the vacation can no longer be granted either in full or in part due to the termination of the employment relationship, it must be compensated.

So your employer must pay out your remaining vacation days anways, hence there is no need to include this in any termination contract.

To address your points:

Should I trust my employer on the email confirmation or it should be included in the termination contract?

You don't even need an email confirmation, the employer must pay the remaining vacation days.

The payout would be the same as the normal salary(that i get every month)for Month and 3 days as I have 4.5 weeks vacation left(My work contract has 5 days work week)?

This is also defined in the law (§11). The payment is based on the average salary during the last 13 weeks prior to termination, excluding payments for overtime.

  • Also the money is subject to taxes and deductions for social security, so the actual payout might be smaller than expected. – Eike Pierstorff Dec 15 '17 at 13:20
  • I disagree that it's a legal question, it primarily about document practices. – Drifting Shadow Dec 15 '17 at 14:02
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    As this is called "Mindesturlaubsgesetz" (as in "minimum"), if the employer granted more vacations days than required by the law in the contract, will he have to pay all the remaining vacation days, or just the equivalent of the legal minimum for vacation days (it seems that is not explicitly covered by the text of the law)? – Eike Pierstorff Dec 15 '17 at 14:24

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