Contents
The calculation under section 11 BUrlG
What counts is average earnings over the last thirteen weeks before the leave begins. Remuneration paid additionally for overtime is excluded.
Premiums for night, Sunday and public holiday work, by contrast, are included, because they are part of regular earnings. With a fixed monthly salary and no variable components, nothing changes on paper; the salary simply continues.
Reductions in earnings are left out of account
Reductions in earnings that occurred in the calculation period as a result of short-time work, stoppages or absence through no fault of the employee are disregarded. Leave is meant to secure normal earnings, not to reflect a period that happened to be bad.
Conversely, increases take effect immediately: where pay rises other than temporarily, the increased earnings are to be used.
Holiday pay is not a holiday bonus
Holiday pay is the continued payment owed by law. A holiday bonus is an additional benefit following only from a collective agreement, a works agreement, the employment contract or established company practice.
The confusion is common and has consequences: there is always an entitlement to holiday pay, but to a holiday bonus only where it has been agreed.
Example: variable earnings with premiums
- Last 13 weeks: 8,450 euros of base pay plus 940 euros of night and Sunday premiums.
- Overtime pay of 610 euros paid additionally is left out.
- Basis: 9,390 euros for 13 weeks, so 722.31 euros a week.
- At 5 working days a week: 144.46 euros per day of leave.
Common mistake
Only the base salary gets paid on and the premiums are left out. Anyone regularly working nights or Sundays would otherwise earn considerably less during leave than in a working week, and that is not permissible.
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
- Section 11(1) BUrlG
- „Holiday pay is measured by the average earnings the employee received in the last thirteen weeks before the start of the leave, with the exception of earnings paid additionally for overtime.“
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: 2 September 2026