Planning is better than arguing

The employer determines the timing of the vacation," the law states. However, the employer must "take the employee's wishes into account to the extent that this is compatible with the interests of the company or household". In plain language, this means that employees' vacation wishes must be respected wherever possible. Parents of school-age children, for example, should be given the opportunity to take a break during the school vacations.
However, if there are bottlenecks or conflicts, you as the employer can put your foot down. However, vacation allocation must not be arbitrary. Please note the following points:

• As an employer, you must organize your company in such a way that regular vacation entitlement is possible. It is advisable to draw up a vacation plan at the beginning of the year where all employees can make their wishes known. In the event of a dispute, line managers have the final say.
• As a rule, vacation must be granted in the relevant year of service. Only in exceptional cases and for valid operational reasons may you defer an employee to the following year. At least two weeks of vacation must be consecutive.
• You have the right to order company vacations. However, this must be done in good time, preferably at the beginning of the year, but at least three months in advance.
• You also have the right to impose a vacation ban for particularly busy periods. However, this should also be announced as early as possible. If an employee goes on vacation without your consent, this may be grounds for immediate dismissal, depending on the circumstances.
• Your employees do not have to accept short-term or even day-by-day vacation allocations - especially not to bridge a lull in business. Once the vacation time has been set, postponements are only possible in an emergency. Any travel cancellation costs are then borne by the employer.
• Public vacations that fall during vacation are not counted as vacation entitlement. If someone falls ill during the vacations, it is best to ask for a doctor's certificate. The employee can then take the missed days later.
• Vacation entitlements only expire after five years, whereby the oldest entitlements are always settled first each time vacation is taken. For this reason, vacation entitlements are practically never time-barred. Provisions in staff regulations or employment contracts stating that vacation entitlements that are not taken by a certain date expire are not permitted. The Federal Supreme Court stated in a ruling: "It is the employer who determines the date of the vacation and can and must ensure that the employee takes his vacation during the relevant year of service. In principle, the employer is therefore also responsible if the entitlement is not claimed until much later."

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