Understanding Public Holidays: How Location Affects Observance

The observance of public holidays in Germany varies significantly based on geographic location, particularly between different federal states. This can lead to confusion for employees whose residential and workplace locations differ.

For instance, the holiday known as Epiphany is celebrated only in specific states such as Bavaria, Baden-Württemberg, and Saxony-Anhalt. Consequently, an individual residing in Bavaria but working in Hesse is obligated to fulfill their work responsibilities on this day, as it is not recognized as a holiday in their workplace location.

The number of statutory holidays can differ from one federal state to another. While some holidays are recognized nationwide, others, like International Women's Day, Corpus Christi, or Assumption Day, are limited to specific regions. This discrepancy poses unique challenges for businesses, particularly those operating in border areas where employees may have varying holiday entitlements based on their place of residence or employment.

According to the German Entgeltfortzahlungsgesetz (EFZG), if a public holiday falls on a regular working day, employers are required to pay employees their usual wages for that day, despite the absence of work. This provision applies universally to all staff members, including trainees and temporary workers. However, if a holiday occurs on a day when no work is typically scheduled, employees are not entitled to payment under this law.

Employees who have varied work schedules may only receive holiday pay if the holiday is designated as a working day in their roster. This situation often leads to perceptions of unfairness among workers who feel disadvantaged due to their specific work schedules not aligning with holidays that occur frequently on particular weekdays.

Despite these feelings of inequity, employers are generally protected by the existing laws, which do not provide grounds for claims of unfair treatment based solely on the frequency of holidays within a calendar year. Hence, employees cannot derive any legal entitlement from the number of public holidays that fall on their regular workdays compared to others.

As the number of upcoming public holidays increases, particularly in the lead-up to major celebrations such as Easter and Labor Day, understanding the regulations surrounding holiday pay and observance becomes crucial for both employers and employees. Organizations are advised to remain informed about the differing holiday statuses across states to ensure compliance and maintain fair labor practices.