Basic rule under German law:
Under German law, an employer generally has no right to recall an employee from their vacation (Urlaub) and force them to return to work – even in cases of staff shortage or high workload.
Annual leave is a fundamental, protected right intended for rest and for restoring mental and physical health.
Legal details:
Leave as a personal right of the employee:
According to § 1 Bundesurlaubsgesetz (BUrlG), annual leave is expressly intended to restore physical and mental capacity.
The employee may only in very rare and exceptional situations be required to return during their vacation.
The exception – only in cases of extreme necessity:
A recall from vacation is only permitted if there is a “serious operational necessity” (dringende betriebliche Gründe) that cannot be resolved in any other way (for example, a disaster or acute crisis threatening the very existence of the company).
Such situations are very rare and are interpreted very strictly by the courts.
Compensation for returning:
If an employee is effectively forced to return from vacation due to the employer’s request and in a legally justifiable exceptional situation, then:
They must be compensated for all expenses incurred (travel tickets, hotel or other bookings, etc.).
Their remaining unused vacation days must be fully credited back to their leave balance.
The employee may not be forced to return arbitrarily or without full compensation.
What you are entitled to do:
You have the right to refuse to return if there is no genuine, legally justified operational emergency.
If you are asked to return without a strong justification or adequate compensation, you can ignore the request or seek union and/or legal advice.
Short summary:
Basic rule: The employer may not recall an employee from ordinary annual leave.
Exception: Only in cases of extreme necessity, with full reimbursement of all expenses and re-crediting of all unused leave days.
Any unjustified recall is legally invalid, and you may refuse it without legal consequences.
Practical tip:
If your employer tries to recall you from Urlaub without a compelling emergency, request written confirmation of full compensation and refuse to return until you have verified the lawfulness of the request.
Would you like a formal template or legal wording that you can use as a basis when replying to such a request?
The editorial and writing team of the website strives to provide accurate information based on thorough research and consultation of multiple sources. Nevertheless, errors may occur or some details may be incomplete or not fully verified. Therefore, please treat the information contained in these articles as an initial reference and always consult the competent authorities for definitive and confirmed information.
