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Vacation (BUrlG, Section 10 TV Stud III, Circular from Human Resources dated 06.01.2016)

You are currently entitled to 30 working days if you have a 5-day work week and 36 working days (including Saturdays) if you work a 6-day week. This corresponds to 6 weeks per calendar year. Your employment contract must be valid for the entire year from January 1 to December 31 for you to receive the full entitlement. Otherwise, other regulations apply which we detail below.

If you have teaching responsibilities, your vacation is to be taken during the lecture-free period when classes are not held. Vacation days are paid time off during which you continue to receive the same pay as when you work.

Student assistants who have to record their hours worked can have their vacation days converted to hours (refer to Working Hours). Such time sheets must be first approved by the Staff Council before they can be used. We are currently working with Human Resources to create a time sheet template for TU Berlin.

There is a waiting period before vacation days can be taken. You cannot take vacation days within the first three months of your employment. This rule does not apply to contracts with shorter durations. If you started your employment after January 1, the following legal regulation applies (BUrlG Section 5 Partial Vacation):

  • The annual vacation entitlement is divided by twelve for each full month of employment. This means you receive 1/12 of your vacation days for every full month you are employed; for a 5-day week this is 30/12 = 2.5 vacation days and for a 6-day week this is 36/12 = 3 vacation days. In the event of 0.5 days, the days are rounded up in favor of the employee.

If you are employed during the first half of the year but leave your employment before 31 December, the following applies:

  • If your employment ends during the first half of the calendar year (before 1 July), the regulation described above applies.

Example: Your employment ends at the end of May. Your vacation days are calculated as follows for your employment period from January to May (5 months). 30 days *1/12 each full month worked * 5 months of employment = 12.5 vacation days, which are rounded up to 13 vacation days.

  • If, however, your employment ends in the second half of the calendar year, you receive at least 24 vacation days (for a 6-day work week) or 20 days (for a 5-day work week) pursuant to Section 3 BUrlG.

Important! If your employment ends after at least 9 months of employment, your vacation days are once again calculated using the 1/12-formula for each full month of employment.

If you fall ill during your vacation time, you are compensated for the vacation days you lost while ill. However, in this event, you must immediately notify Human Resources that you are sick.

Residual leave from the previous year must be taken by 30 September of the following year. Otherwise these vacation days lapse.

-> See also: Working Hours, Falling Ill During Vacation, Notification of Sickness, Maternity Leave, Paid Leave, Parental Leave, Educational Leave, Special Leave Without Pay

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Vacation Allowance

Student employees hired according to TV Stud III do not receive a vacation allowance.


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