Term and Definition of Working Day
The term “working days” is of central importance in German law and is applied in numerous statutory provisions. Working days refer to the days of the week on which, according to general understanding, work is performed, whereby specific statutory regulations and sector-specific deviations must be taken into account. The exact definition and scope of the term varies depending on the legal context.
Legal Foundations
§ 3 Federal Vacation Act (BUrlG)
In the Federal Vacation Act, the term working days is explicitly defined. According to § 3 para. 2 BUrlG, all calendar days that are not Sundays or public holidays are considered working days. This expressly includes Saturday as a working day. Therefore, the calculation of statutory minimum vacation is based on the six-day week.
Civil Law and Calculation of Deadlines
In the German Civil Code (BGB), working days are regularly used for calculating deadlines. If the civil law requires an action to be taken “on a working day,” all days except Sundays and officially recognized public holidays are considered working days according to settled case law and literature. Saturday thus counts as a working day, even if no regular work is performed on that day.
Commercial Code (HGB) and Other Legal Fields
In commercial law and other legal areas (such as labor law, tenancy law, or insolvency law), the term working day has a similar but context-specific different meaning. For making declarations of intent, delivery periods, or payment transactions, separate definitions or court decisions may apply in each case.
Distinction from Days Worked
The term working days must be distinguished from the term “days worked” used in many collective bargaining and employment contract rules. While “working days” include all days from Monday to Saturday (excluding public holidays), “days worked” are to be determined individually and are based on the actual working days of an employee. Therefore, days worked can be fewer than working days in a specific employment relationship.
Special Regulations and Exceptions
Saturdays in Labor Law
Although Saturday is considered a working day, in labor law, especially for calculating deadlines and in collective bargaining regulations, Saturday is sometimes excluded. In tenancy law, for example, Saturday is not recognized as a working day for the purposes of calculating deadlines under § 193 BGB. The same applies for grace periods regarding rent payments and notice periods.
Public Holidays and Regional Differences
Public holidays are days regulated by federal or state law that do not count as working days within the meaning of the law. Regional differences must be considered, as some holidays only apply in certain federal states. If several holidays fall within one week, the number of working days is accordingly reduced.
Industry-Specific Special Regulations
For certain industries, there are different regulations and sometimes statutory prohibitions on working on “working days,” especially on Saturdays or the eves of public holidays (e.g., Shop Closing Act, Working Hours Act).
Working Days in Deadline Calculations
General Rules on Deadlines
When calculating deadlines, for instance for lodging legal remedies, deliveries, or fulfilling contractual obligations, working days are decisive. According to § 193 BGB, if a deadline expires on a Sunday or public holiday, it is postponed to the next working day.
Start and End of Deadline
The beginning of a period measured in working days generally falls on the day the event triggering the period occurs, provided this is a working day (§ 187 para. 1 BGB). The end of the period, after the continuous counting of working days, is on the corresponding last working day.
International and European Law References
In international and European legal transactions, there is no uniform definition of working days. In English-language contracts, for example, the term “Business Day” generally equates to ordinary working days; however, this often excludes Saturday. Therefore, for cross-border legal transactions and international contracts, a clear definition should always be agreed upon.
Working Days in Tax and Economic Law
Numerous tax and commercial law regulations refer to working days, for example with regard to payment deadlines (submission deadlines, transfer periods) or for publication periods under commercial law.
Case Law and Interpretation
The interpretation of the term working days is often within the remit of the courts, which regularly base their interpretations on general usage as well as systematic and teleological interpretations of the respective provision. The inclusion of Saturday in particular repeatedly leads to legal disputes, for example in calculating deadlines or opening hours regulations.
Summary
In German law, the term working days generally covers the days from Monday to Saturday, excluding public holidays. The specific design and any exceptions depend on the respective legal context and may vary in individual cases. Therefore, a careful review of the applicable legal provisions is essential each time the term working days is used.
Further keywords: Calculation of deadlines, days worked, public holidays, BGB, BUrlG, Saturday regulations.
Frequently Asked Questions
Legally, which days are considered working days under German law?
Under German law, all calendar days that are not Sundays or public holidays are generally considered working days. This means working days are Monday to Saturday, with Saturday counted as a full working day unless a specific legal provision excludes it. Sunday and public holidays that apply at the state or federal level are expressly not working days pursuant to § 3 paragraph 2 Federal Vacation Act (BUrlG) as well as § 193 BGB (German Civil Code). It should be noted, however, that in some laws, such as the Working Hours Act (§ 9 ArbZG), there is different terminology, where sometimes only days worked or working days excluding Saturdays are referenced. Therefore, it is essential to always check the exact definition of the relevant law for deadlines and statutory provisions, as sector-specific or region-specific provisions may include deviations.
How do working days affect the calculation of statutory deadlines?
The calculation of statutory deadlines specified in working days follows the above-mentioned regulations regarding working days. For example, if a deadline begins on a Tuesday and extends for three working days, Wednesday, Thursday, and Friday are counted. Saturday is generally included, unless expressly excluded by a statutory provision. If the deadline falls on a Sunday or public holiday, it automatically extends to the next working day (§ 193 BGB). Special care must be taken in deadline calculation concerning rental matters, terminations, or payment periods with regard to the term working day and the applicable legal basis to avoid legal disadvantages.
Are there exceptions where Saturday is not considered a working day?
Although Saturday is generally considered a working day, there are exceptions in certain statutory regulations. For example, the German Code of Civil Procedure (ZPO) and the Working Hours Act (ArbZG) sometimes provide a different definition where Saturdays do not count as working days, especially when calculating service periods or in collective bargaining law. In tenancy law, it is explicitly provided that Saturday does not count as a working day for the calculation of the latest payment date for rent (§ 556b paragraph 1 BGB). Therefore, the specific statutory provision must always be checked to ensure whether Saturday is to be included in the count of working days.
How are public holidays treated in connection with working days?
Public holidays are not considered working days under German law and are disregarded when calculating deadlines relating to working days. Which holidays are considered legal depends on the holiday laws of individual federal states, since—apart from nationwide holidays like the Day of German Unity—there are also state-specific holidays. If a public holiday falls on a working day, that day is skipped in the calculation, so that if a deadline would expire on that day, it ends on the next working day (§ 193 BGB). Employers and employees must pay particular attention to the exact status of public holidays in the respective federal state, especially for vacation planning, payroll, or labor law deadlines.
What is the significance of working days for service and postal delivery times?
In legal transactions, especially the service of documents by courts or authorities, the concept of working day is central. Relevant postal service providers usually operate on working days, with Saturday also regarded as a working day. Deliveries that are required to be made on working days can, in principle, also occur on Saturdays. For deadlines that require a document to be served on a working day, if the last day falls on a Sunday or public holiday, the deadline is extended to the next working day. For registered mail or other formal services, it is therefore crucial for compliance whether the day in question is a working day. This can be particularly significant for terminations under tenancy and employment law.
Are there differences in the definition of working days in commercial or labor law?
Yes, there are differences between various legal fields. While the BGB and many other statutes count Saturday as a working day, commercial law—such as the due date of payment obligations—or labor law may provide otherwise so that Saturday is not a working day. This applies, for example, to collective bargaining agreements in the public sector or company directives, which stipulate that working days only include Monday to Friday. The Working Hours Act also explicitly categorizes Sundays and public holidays as days of rest. It is therefore always advisable to check the relevant collective bargaining or internal company rules.
How do working days affect payment obligations, e.g. for rent or invoices?
For payment obligations such as rent or invoice amounts, a specific working day (e.g., the third working day of the month) is often set as the final payment date. According to § 556b para. 1 BGB, Saturday is not counted as a working day in this context, whereas for other payment obligations, such as invoices in commercial transactions, the situation can differ. If uncertainties arise during calculation, the precise wording of the payment terms and the relevant statutory provisions are decisive. If the payment deadline falls on a public holiday or Sunday, the due date is postponed to the next working day. If the debtor pays after the last working day, this may result in default; therefore, special care must be taken with regard to the term working day, especially in tenancy law.
