Concept and Legal Foundations of Public Holidays
Definition and General Significance
Public holidays are calendar days that are observed as days of rest and special significance due to statutory provisions, religious traditions, or social conventions. They serve to protect religious beliefs, support social purposes, or commemorate historical events. In German law, public holidays are regulated in particular by federal and state legal provisions.
Legal Classification and Distinction
Public holidays are not uniformly defined under German law. A significant distinction exists between statutory holidays and the so-called religious or cultural holidays without a legal right to rest from work. Statutory public holidays are generally days on which special labor, regulatory, or constitutional regulations apply.
Statutory Regulation of Public Holidays
Federal Regulations
The Basic Law does not provide for a comprehensive nationwide regulation of public holidays. According to Art. 70 para. 1 GG, responsibility for the determination and structure of public holidays lies with the federal states (so-called cultural sovereignty of the states). The only exception is the “Day of German Unity” (3 October), which is the sole holiday established nationwide by § 2 para. 2 of the Unification Treaty Act.
State Legal Provisions
The remaining statutory public holidays are determined by the individual federal states. For this purpose, the states enact their own public holiday laws, in which the number and date of the statutory holidays as well as their effects on work rest and events are governed. The best-known holidays with state protection include Easter, Pentecost, Christmas, and May 1st. Some states have additional special holidays (e.g., Corpus Christi, Reformation Day).
Protection of Holiday Rest
A central element in holiday law is the guarantee of rest from work. State laws regulate work prohibitions (so-called employment bans) on public holidays for different sectors and activities. The rest period on public holidays is generally stricter than that of Sundays. However, there are exceptions (e.g., emergency services, hospitality, hospitals, police).
Special Protective Provisions
Holiday laws often provide special protective provisions for ‘silent holidays’. These days (such as Good Friday, Day of National Mourning, Sunday of the Dead, and All Saints’ Day) are subject to extensive restrictions on public events, musical performances, and other “leisure activities.” The aim is a respectful observance in light of the religious and societal significance of these days.
Public Holidays in Labor Law
Working Time Regulations
The Working Time Act (ArbZG) also refers to public holidays, particularly with regard to the fundamental right to rest from work on Sundays and public holidays (§ 9 ArbZG). Employees may generally not be employed on these days. Exceptions exist for certain sectors and emergency services.
Remuneration and Holiday Pay
The entitlement to continued payment of wages on public holidays arises from the Continuation of Remuneration Act (§ 2 EFZG). Employees retain their claim to remuneration if working hours are lost due to a statutory public holiday. There is no entitlement if the employee is already unfit for work or is regularly released from work.
Effects on Part-Time and Shift Work
The rules for public holidays also apply to part-time and shift workers so that discrimination against these employee groups is to be avoided. Special rules determine how holidays are credited to non-working days and how compensation is granted.
Public Holidays and Events
Event Bans and Restrictions
State holiday laws often provide for bans and restrictions on public and commercial events on public holidays. This primarily affects the conduct of sports events, markets, and entertainment events. The aim is to protect holiday rest and to preserve religious and societal traditions.
Special Rules for Cultural and Religious Events
For cultural or religiously motivated events, there are often exceptional provisions, provided they are in keeping with the character of the holiday in question and do not cause disturbances or other impairments.
Public Holidays in International Comparison
The regulation of public holidays varies greatly in the international context. While countries such as Germany, Austria, or Switzerland regulate the determination of holidays at the state or cantonal level, other countries (like France or Italy) have centralized national holiday lists. In many countries, labor law protection is structured similarly, though there are differences in the number of public holidays and their legal consequences for employment.
Public Holidays and Religious Diversity
The constitutional protection of religious freedom (Art. 4 GG) obligates the state to respect the religious character of public holidays but does not exclude the possibility that other religions or cultural minorities may also claim labor law protection. Several state laws therefore contain special rules for the observance of religious festivals of non-Christian communities (e.g., Jewish or Islamic holidays as days of exemption).
Regulatory Offenses and Sanctions
Violations of public holiday laws (such as unauthorized events, disregard of work or event bans) constitute administrative offenses in most states and are subject to fines. The amount of sanctions varies depending on the state and the severity of the violation.
Constitutional Significance of Public Holidays
The Federal Constitutional Court has emphasized in several decisions the constitutional worthiness of protection of public holidays. Reference is made to the importance of Sunday and public holiday rest as an expression of the religious and social fundamental order (Art. 140 GG in conjunction with Art. 139 WRV). Exceptions must always remain narrowly limited and observe the overriding protective purpose.
Literature and Further Provisions
- Holiday Laws of the Federal States
- Continuation of Remuneration Act (EFZG)
- Working Time Act (ArbZG)
- Basic Law for the Federal Republic of Germany, Art. 4, Art. 140
- Unification Treaty Act
- Relevant Decisions of the Federal Constitutional Court
This article provides a comprehensive and detailed overview of the term “public holidays,” its legal foundations, protective provisions, and impacts, in order to enable a thorough understanding of the various normative aspects of this legal concept.
Frequently Asked Questions
What labor law regulations apply on statutory public holidays?
Statutory public holidays are regulated differently in Germany depending on the federal state, as the determination of public holidays mainly falls within the legislative competence of the states. On these days, an employment ban generally applies: According to § 9 para. 1 Working Time Act (ArbZG), employees may not be employed on statutory public holidays between 0 and 24 hours. However, there are numerous exceptions for certain sectors or activities, such as emergency and rescue services, hospitals, hospitality, transport companies, broadcasting, or the energy sector (§ 10 ArbZG). If employees work on a statutory holiday due to such an exemption, they are entitled to a compensatory rest day within eight weeks (§ 11 ArbZG). Pay is maintained for the statutory holiday (§ 2 para. 1 Continuation of Remuneration Act, EFZG), provided the holiday falls on a regular working day for the employee and no contractually regulated exception exists.
Is one required to work on public holidays if the employer demands it?
An employee is generally only obliged to work on a statutory public holiday if a statutory exception under the Working Time Act applies and this is also covered by the employment contract, collective agreement, or company agreement. The employer must observe the statutory protection of public holidays; a mere operational need is not sufficient to order work on public holidays. If work is demanded on a public holiday without such justification, the employee has the right to refuse performance without having to fear labor law sanctions. In cases of mandatory work on public holidays, compensation must be provided by a compensatory day of rest and, in many cases, contractually or individually agreed surcharges.
How is pay regulated for employees on a statutory public holiday?
Employees are entitled under § 2 para. 1 Continuation of Remuneration Act (EFZG) to continued payment of wages for a statutory public holiday, provided this falls on a regular working day. This is a statutory continuation of pay, so no work needs to be performed, but wages are still paid. If an employee actually has to work on a public holiday, compensatory time off or (depending on the collective agreement or company agreement) a public holiday premium must be granted for the hours worked, whereby the amount of the surcharge is usually determined by collective agreement or employment contract, not by law. There are statutory minimum standards in certain sectors; otherwise, the respective contractual rules apply.
What is the significance of public holidays for part-time employees?
Part-time employees are treated equally with full-time employees under § 2 EFZG. If a statutory holiday falls on a day on which they would normally have worked, they are entitled to continued pay for that day. If they do not work on this day because the business is closed or because there is no work due to the holiday, they may not suffer any disadvantage as a result. If the public holiday does not fall on a scheduled working day for the part-time employee, there is no entitlement to continued payment. In particular, working time distribution models must observe the principle of equal treatment and must not result in disadvantages due to part-time work under § 4 Part-Time and Fixed-Term Employment Act (TzBfG).
How do public holidays affect vacation entitlements?
Public holidays that fall within an approved period of vacation are not counted towards vacation days (§ 3 para. 1 Federal Vacation Act, BUrlG). This means that the number of vacation days increases by the number of statutory holidays falling on working days. If a public holiday occurs during the vacation period, the vacation is extended by that day. This is particularly relevant for longer vacation periods or ‘bridge days’. When planning vacations with public holidays in mind, the specific regulations of each state must be observed, as not all public holidays apply nationwide in Germany.
Do trainees and interns have specific rights or obligations on public holidays?
The provisions of the Working Time Act, and thus the basic employment ban on public holidays, also apply to trainees. For minors, the Youth Employment Protection Act (JArbSchG) must also be observed: According to § 18 JArbSchG, minors may generally not be employed on statutory holidays, with exceptions, for example in the healthcare sector or the hospitality industry. Interns, provided they are considered employees, also benefit from statutory protection; otherwise, individual agreements and relevant protective laws, such as those for mandatory internships as part of training, apply.
What regulations apply to employees working from home (home office)?
Legislation does not generally distinguish between working in the office and working from home with regard to the employment ban on public holidays: Employees may not, as a rule, work on statutory public holidays in the home office unless an exception applies. Employers are required to observe the Working Time Act and may therefore not assign work in the home office for statutory public holidays unless a sector-specific or operational exception applies. Violations of these regulations can result in fines and should be reported by the employee to the works council if applicable. The entitlement to continued pay due to loss of work on a public holiday also applies in the home office.
