insoweit, als nicht der [...] Mindesturlaub unterschritten wird

13:08 Jul 16, 2015 

... for their contributions here. Phil's and Tony's confirmation of my suggestion meant that that's what I went with. From reviewing Michael's suggestion, I think this still failed to reflect the *nicht* *unter*schritten, so sorry, Michael, I couldn't give you the points there.
Taking account of Birgit's points, I think the safest translation (which I didn't use) might have been: 'provided that all of the statutory minimum holiday leave has been used up'.

13:08 Jul 7, 2015 

... stick an "annual" between "minimum" and "holiday" just to make it clearer.

13:03 Jul 7, 2015 

NOW I'm getting it...

13:01 Jul 7, 2015 

... suggestion is exactly right. Anyone leaving a company during the second half of the year has a legal entitlement to the full 20 days of minimum holiday (regardless of how many holiday days have been agreed in the employment contract - generally more than 20 - and provided they have been with the company for more than 6 months). Assuming the employee took 4 days holiday during the first six months, they are entitled to 16 further holiday days if they leave the company after July 1. This will be taken into account when notice is given (i.e. the employee doesn't work the last 16 (working) days of his or her notice).

13:00 Jul 7, 2015 

it is not a given that a leaving employee will "take" all his holiday... the most elegant would probably to turn it around to "insofar as the statutory minimum annual leave is allocated" ... there are too many options how those days may be used or applied... also it is the future employer who needs to worry about the employee having received the full holiday quota for the year, not the employer he is leaving....

12:56 Jul 7, 2015 

The suggested translation in the last line of your question is correct.

12:36 Jul 7, 2015 

REALLY? I would never have seen that. I understood that the 'nicht' applied to 'unterschritten'. Meine GÜTE. Or should I say to the employee's holiday

12:32 Jul 7, 2015 

Ramey, Birgit,

Because of the *nicht* combined with the 'unterschritten', shouldn't Birgit's suggestion be modified to:

when the employee has *not* taken less than the legal/statutory/required holiday leave.

OR (more neatly perhaps):

*unless* the employee has taken less than the legal/statutory/required holiday leave.

12:31 Jul 7, 2015 

... als der gesetzlich vorgeschriebene Mindesturlaub nicht unterschritten wird.
insofar as the minimum leave allowance does not fall short of the statutory requirement.

12:02 Jul 7, 2015 

But isn't that the point? They DO mention the minimum holiday. So how would you interpret this particular sentence?

11:53 Jul 7, 2015 

there is no indication whether the employee has taken the minimum days... When somebody leaves, you usually pro-rate the annual holiday entitlement to come up with the contractually owed number of days, where under German law you have to round up fractions (to full days if I remember correctly). Based on the number of calculated days there are then various options: The employee takes any eligible days before the notice period. Should this not be possible or if the contract is terminated without notice, then the accrued days would need to be paid out. If the employee has taken more than the accrued days, there would be a deduction for those excess days from the final salary payment. Also, in case of long notice periods where the employees are put on garden leave, usually the holiday is offset by the garden leave so there will be no extra days paid out as garden leave already is a paid holiday...
Usually you would not refer to the minimum holiday (I think 24 days for Germany), because most people have contractually agreed 30 days...

11:43 Jul 7, 2015 

when the employee has taken less than the legal/statutory/required holiday leave.

11:39 Jul 7, 2015 

I understand that the minimum holiday has NOT been taken.