Check the reason for the refusal
Your employer should explain in writing why your holiday request was refused.
The standard justification is usually “dringende betriebliche Gründe” (urgent operational reasons), for example:
staff shortages
peak workload / very busy business period
overlap with another employee who has priority (e.g. parents during school holidays)
If the employer does not state any reason, or the explanation is vague, arbitrary or inconsistent,
the refusal is legally weak and can often be challenged.
Practical steps
a) Start with a friendly conversation
Ask for a meeting with your supervisor or HR.
Explain calmly why you need the holiday and your personal situation.
Ask whether it is possible to find another date or a compromise solution that works for both sides.
b) Written request and documentation of the refusal
Always submit your holiday request in writing (e-mail or letter) and keep a copy.
If your request is refused, ask for the refusal and the reasons in writing –
this is very important for documentation and any later legal steps.
c) Check your legal entitlement
If your employer refuses your holiday without valid justification, or does so regularly and systematically,
you have the right to object in writing and seek legal advice.
Under German law (Bundesurlaubsgesetz – BUrlG, § 7), the employer is obliged to grant annual leave
unless there are urgent operational reasons that temporarily prevent it.
Refusal is only permitted in exceptional, serious and temporary situations,
or where another employee has priority for understandable reasons (e.g. parents in school holidays).
d) Contact the works council or your trade union
If your company has a works council (Betriebsrat), talk to them as soon as possible –
they can mediate and insist on compliance with the law and internal agreements.
If you are a member of a trade union (Gewerkschaft), contact them for
legal assessment and practical support.
e) Legal action (Labour Court)
If no internal solution can be found, you can file an urgent application with the Labour Court (Arbeitsgericht)
to compel your employer to grant the holiday.
Courts often decide in favour of employees if no genuine operational reasons are presented.
f) Do not start your holiday on your own (no “self-authorised leave”)
Never simply stay away from work and “take the holiday anyway” without a clear written approval.
This is considered a breach of duty/unexcused absence (Pflichtverletzung) and can lead to
a written warning (Abmahnung) or even dismissal.
Sample wording for a formal request or objection
Dear Sir or Madam,
I hereby request a written explanation for the refusal of my holiday request dated [date].
According to § 7 BUrlG, annual leave may only be refused for urgent operational reasons.
If no comprehensible reason can be given, I reserve the right to take further legal steps.
Yours sincerely
[Your Name]
Conclusion
Your employer may refuse your holiday only on the basis of genuine, urgent and temporary operational reasons,
and must be able to explain this clearly, preferably in writing.
You may object, seek help from the works council or your union,
and, if necessary, apply to the Labour Court.
Never start your holiday on your own initiative without written approval.
The editorial team of this website strives to provide accurate information based on thorough research and multiple sources. However, mistakes may occur or some information may be incomplete or not yet fully confirmed. Please treat the content of this article as an initial point of orientation only and always consult the competent authorities, advice centres or specialised employment lawyers for binding and up-to-date information.
