Excess of contractual vacation entitlement beyond statutory minimum and resulting replacement leave

The Federal Labor Court reversed the appellate decision and ruled in favor of the plaintiff, ordering the defendant to bear legal costs and establishing that the employee is entitled to two additional replacement vacation days for 2014 and two extra annual vacation days beyond the standard entitlement of 28 days. The dispute concerned the scope of contractual holiday entitlements, specifically challenging whether the employment agreement mandated a minimum of 30 days of annual leave. The court determined that the employer failed to meet its burden of proof in demonstrating that the employee had actually taken 30 days of paid leave, thereby confirming the plaintiff's claim to the full contractual vacation allowance rather than the statutory minimum.