Can employees donate their free time to colleagues?
No time right now?
Vacation days and overtime are an important way of compensating for work done. And yet, under certain circumstances, the free time can be donated to colleagues who need it more urgently in case of doubt. A lawyer explains what needs to be considered.
The pandemic year 2020 was tough for many working parents: Schools and daycare closings pushed mothers and fathers to their limits. Those who were able to keep an eye on their offspring from their home office were still comparatively lucky. But not all working people can switch to home work. Many people simply needed free time – and if in doubt, that is used up quickly. The question that was discussed more frequently among colleagues in 2020 is: Can employees donate their vacation days or overtime to their colleagues? In fact, this is possible in individual cases, explains Dr. Karina Bischoff in conversation with t3n. She is an associate at Bird & Bird and an expert in collective and individual labor law.
An express regulation that either prohibits or provides for the possibility of transferring vacation days or overtime from employees to other employees does not exist in German law, said Bischoff. Therefore, such an agreement could be made with the consent of the employer. In other words: what is not forbidden is allowed.
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Donating vacation days and overtime to colleagues – this must be taken into account
There are two things to note: Firstly, transferring the statutory minimum leave is not permitted for reasons of occupational health and safety. For a 5-day week, at least 20 vacation days per year are mandatory. Second, overtime may only be donated if it was not incurred in violation of the maximum daily working hours. The law sees it this way: The working day of the employee may not exceed eight hours. However, it can be extended to up to ten hours if within six calendar months or within 24 weeks an average of eight hours on working days is not exceeded.
Also interesting: “When can the boss actually demand overtime – and how many?”
In practice, Karina Bischoff recommends a written agreement that expressly provides for the donation of vacation days or overtime. According to the labor lawyer, this agreement should contain certain provisions: The purpose of the waiver should be recorded in order to avoid an accumulation of vacation credit that has to be paid out in the event of early termination of the employment relationship. In addition, the recipient of the transferred vacation days or overtime should be named. A declaration by the employee as to which part of his or her non-statutory vacation entitlement or his or her right to overtime compensation he or she would specifically like to forego is also recommended.
By the way: Vacation days or overtime can also be transferred for other reasons. This also applies to colleagues who have to look after a family member.
