Q&A: What can workers in Germany be asked to do during vacation time?

Germans have a reputation for taking their work-life balance very seriously, which is to say staunchly defending their off time, be it after work hours on weekdays or whilst on holiday.

But increasingly, there is evidence suggesting Germany's reputation for prioritising Lebensfreude (or the enjoyment of life) over working duties may be slipping. 

For example, a recent survey found that more than half (57 percent) of Germans engage in at least occasional work while on vacation. Of those who did report working during their time off, roughly half said they had been contacted directly by their boss or a colleague. (Others checked-in on their own accord, or because they didn't have functioning cover while they were out.)

So what are the rules around working while on vacation in Germany?

Can my employer contact me while I’m on vacation?

Generally not.

Vacation is intended for recovery, and German labour rules maintain that employees are under no obligation to engage in work activities, or to be reachable by their boss or colleagues during this time.

Calls, emails, or messages do not need to be answered. Workers are fully entitled to switch off their company phone or laptop.

Can my employer ask me to be available anyway?

Only in very limited circumstances can you be asked to stay in contact by any means.

This might happen, for example, if on-call duty was explicitly agreed upon, or if your work contract allows for short-term schedule changes.

If neither of the above situations apply and you are asked to work or be reachable anyway, the vacation would not be considered properly granted. In this case the affected days wouldn't count toward vacation taken, and should be given again later.

However, this typically only applies for holidays that are exceeding Germany's statutory minimum allowance for the year.

According to the Federal Holidays Act, full-time workers in Germany are entitled to a statutory minimum of 20 days of paid holiday per year, based on a five-day working week. So if you've already taken at least 20 days of vacation, your employer might have a little more room to ask you to be available (but only if the above circumstances are met).

READ ALSO: Can I be paid in Germany for any holiday I don't take?

What if I decide to work voluntarily?

According to the law, employees are not meant to engage in activities that contradict the purpose of rest - even if they want to.

As it's written in the Federal Vacation Act: "During statutory vacation, no activity may be carried out that contradicts the purpose of the vacation."

As opposed to mandatory work, voluntary work doesn't invalidate the vacation time. But it can be seen as a breach of employment duties in some cases (though we gather this would have to be pretty extreme). 

Are there any exceptions?

Of course! You'll be glad (or not) to hear that doing chores around the house or helping friends and family without pay are fine because these aren't related to your employment relationship.

Meanwhile, small side jobs or temporary work that is not related to your main job are also generally up to your discretion - so long as they aren't so demanding that they would undermine the recovery you are intended to gain from your holiday.

READ ALSO: Can I have a freelance side gig as an employee in Germany?

There is one notable exception for companies: in the case of a business emergency, the employer can potentially expect the employee to interrupt vacation. However, the emergency would need to be severe enough to pose a considerable threat to the survival of the business, and the employer would need to be sure that no other solution is possible.

Does answering emails count as work?

Yes.

Every task, even something as minor as sending a quick reply, qualifies as working time. So technically it should be recorded and compensated just like any other work - and cannot be asked of your during vacation.

What happens if I get sick during vacation?

If you fall ill while on holiday, the days affected do not count against annual vacation entitlement, meaning the affected days essentially count as sick days and can be taken as vacation later.

You would have to provide a doctor’s note as proof.

Put simply:

German employment law gives workers a strong right to uninterrupted rest.

Employers can not simply intrude on vacation, and if they do any affected days may be owed back as vacation to be taken at a future date.

In most cases, you are well within your rights to turn off your work phone and log-out of any work-related email addresses or other communication platforms while on your paid holiday time.