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For many German companies, a new topic lands on the desk at the start of the new year: time recording. While in the past trust-based working hours or similar were used, the obligation to record working hours now means that employees' working hours must be precisely recorded and documented. This also includes times worked on Sundays and public holidays. But what is actually allowed here? Who can work when and what do you have to pay attention to?
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Disclaimer: All information on the pages of this website is for general information purposes only. It does not constitute legal advice in individual cases and cannot and should not replace such advice.
There are a whole series of regulations regarding working Cell Phone Number Database on public holidays and at weekends. First of all, no work is allowed on Sundays and public holidays between midnight and midnight . For multi-shift companies with day and night shifts or drivers and co-drivers, the start of the 24-hour Sunday and public holiday rest period can be postponed by 6 or 2 hours respectively.
However, there are exceptions for certain professional sectors. They fulfil a fundamental function in society and therefore have a special right to work on Sundays and public holidays.
Where is holiday work permitted?
What must be observed?
Within the professional groups in which work on Sundays and public holidays is permitted, a few requirements must be observed:
According to Section 11 of the Working Hours Act, at least 15 Sundays per year must be free from work. In certain establishments, such as radio or theater, this number may vary slightly.
If work falls on a Sunday, a replacement rest day must be granted within two weeks.
If employees are employed on a public holiday that falls on a working day, a replacement rest day must be guaranteed within eight weeks. After (written) agreement, this can also be extended or replaced by another compensatory day.
Even on Sundays and public holidays, applicable regulations such as rest and break times must be adhered to. This means: After at least 6 hours of work, employees are entitled to a break of 30 minutes (after 9 hours it is 45 minutes). In addition, there must be a rest period of at least 11 hours between the end and start of work.
Supervisory authorities are responsible for monitoring these regulations.
What are the exceptions for working on Sundays and public holidays?
In principle, the above guidelines must always be adhered to. However, in a few exceptional cases, employers may order alternatives: in emergencies and exceptional cases that occur independently of the will of those affected and whose consequences cannot be remedied in any other way. Particularly when raw materials or foodstuffs are spoiling or work results are in danger of failing, work may also be carried out outside of these guidelines.
In addition, senior managers and chief physicians are permitted to ignore the legal requirements of the Working Hours Act.
On the subject of holiday surcharges
Holiday or weekend bonuses are an issue that cannot be ignored when it comes to working on holidays and Sundays. This is a bonus paid by employers to employees' wages if they work on Sundays or public holidays. However, payment of the bonus is not compulsory .
These bonuses are usually used to create an incentive to work on “unpopular days”.
Holiday bonuses cannot be combined with Sunday and Saturday bonuses! In this case, the holiday bonus will be paid out.
Who gets a holiday bonus?
Anyone who works on a public holiday and whose employer is willing to pay it is entitled to a weekend or public holiday bonus. It also depends on the employer how much is paid and whether any is paid at all.
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