Public Holidays in Germany
In Germany, the number of public holidays varies between ten and twelve per calendar year.
Only nine holidays are observed nationwide: New Year’s Day, Good Friday, Easter Monday, Ascension Day, Whit Monday, Labour Day (May 1), German Unity Day, and Christmas Day and Boxing Day.
This variation can create complications – especially for employees in field service roles or on business training – if a public holiday applies at their regular workplace, but not at the location where they are actually working.
So the question arises: Are employees entitled to holiday pay under such circumstances?
All Saints’ Day in NRW and Hesse – A Legal Dispute Over Holiday Pay
This exact issue was the subject of a case ultimately decided by the Federal Labour Court (BAG). An employee in the public sector, whose regular place of work was in North Rhine-Westphalia (NRW), was sent by his employer to attend a training session. The training took place from November 1 to November 5, 2021, in the state of Hesse. While the working hours were credited to the employee’s working time account, the employer did not pay the holiday supplement of approximately 80 euros – even though November 1 is a public holiday (All Saints’ Day) in NRW.
The reason: November 1 is not a public holiday in Hesse. Still, the employee believed he was entitled to the collectively agreed holiday supplement for working on a day that was a public holiday at his regular place of work.
The employer, however, disagreed. According to them, the holiday supplement only applied when work was actually performed at a location where that day was a public holiday.
BAG Rules in Favour of the Regular Place of Work
The parties went to court: The Labour Court in Münster sided with the employee, while the Higher Labour Court (LAG) in Hamm supported the employer’s view.
In the end, the Federal Labour Court ruled plainly in favour of the employee: Under the relevant collective agreement, the regular place of employment determines whether the employee is entitled to holiday pay.
Since the employee’s regular workplace was in NRW, he was entitled to receive the holiday supplement for November 1 – even though he worked in Hesse that day.
Practical Relevance
While this ruling specifically concerns the public sector, its relevance extends beyond.
In times of remote work arrangements and regular field service assignments, employees often fulfill their work duties at locations other than their primary place of employment.
Employers should therefore keep an eye on public holiday entitlements tied to employees’ regular workplaces – especially when those differ from where the work is performed.
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Summary of the keyfacts
- Holiday pay is owed when an employee performs work duties on a public holiday and a corresponding entitlement (e.g., by collective agreement) exists.
- If a public holiday applies at the employee’s regular place of work, the employer must pay the holiday supplement – even if the work is performed elsewhere where the day is not a holiday.
- For employees frequently working across state borders (field service, construction, remote work), employers should define clear internal policies regarding holiday supplements.
