Tariff decay and vacation compensation claim
Whoever comes too late punishes the exclusion period ( LAG Nuremberg of May 29, 2019 - 4 Sa 1/19 ).
Facts
The plaintiff demands payment of vacation compensation. He was employed by the defendant until the end of 2017. In the defendant's company, a house collective agreement applies, which in turn relates to a collective agreement. This contains an exclusion period, according to which claims from the employment relationship must be made in writing within three months of your due date. The defendant terminated the employment relationship properly on December 31, 2017. The following dismissal protection procedure ended by comparison of February 28, 2018, in which the parties agreed on the termination of the employment relationship on December 31, 2017. The comparison did not contain regulations on vacation claims by the plaintiff. The plaintiff first asserted compensation claims for open residual holiday entitlements from 2017 in April 2018, which the defendant did not meet. The ArbG dismissed the payment claim with reference to the non -compliance with the tariff exclusion period. With the appeal, the plaintiff continued to pursue his claim.
Decision
This was confirmed by the ARCHG's decision and rejected the plaintiff's appeal with the approval of the revision. The plaintiff is no longer entitled to a compensation claim for vacation entitlements from 2017, since it has fallen into account due to the application period used.
Tip
This decision is particularly noteworthy and remarkable, since it contains the note to be observed that vacation compensation claims are already due when the employment relationship is terminated. In this respect, the LAG with the BAG is on a line (see BAG from October 17, 2017 - 9 AZR 80/17 ). There is a lot of ignorance in this area. Therefore, the practitioner should save the hint.
In addition, the practitioner should claim vacation compensation claims in good time to avoid legal losses. In particular by a real auxiliary request in the dismissal protection procedure in the event that the termination ends the employment relationship.
It can only be too late - as in this case - be too late.
