Christmas is not only a contemplative time, but also raises labor law questions: Is there an obligation to work on Christmas Eve? What about Christmas bonuses and holiday bonuses?
Working on Christmas Eve and New Year’s Eve
According to German law, Christmas Eve and New Year’s Eve are not public holidays and are considered regular working days. There is an obligation to work unless vacation has been requested or the employer voluntarily grants time off. Such an exemption can become legally binding through the so-called company exercise if it has been granted over a period of years, according to Mitteldeutsche Zeitung.
In certain industries, such as catering or retail, work on these days is essential. Employees in systemically important professions, such as nursing staff or security services, must also expect to have to work on these days. Whether an exemption is granted often depends on the goodwill of the employer or is regulated in collective agreements.
Holiday bans during the Christmas period
Many companies experience an increased workload at Christmas time, for example in retail or the logistics industry. In such cases, employers may impose vacation bans if operational requirements justify this. However, social aspects such as employees’ family obligations must be taken into account. Vacation that has already been approved may only be revoked in urgent exceptional cases, as an article by Klugo emphasizes. Employees can rely on their consent to vacation, which is considered binding. Holiday bans must be well justified and clearly communicated. They may not be done arbitrarily, but only when operational interests require it. Appropriate planning and early information for the workforce are therefore crucial in order to avoid conflicts.
Christmas bonus and company practice
There is no legal entitlement to a Christmas bonus, but it can arise through contractual agreements or so-called company practice. If a company pays Christmas bonuses over several years without expressly declaring this to be voluntary, a claim to this is established.
Collective agreements can also regulate the entitlement to a Christmas bonus. It is important to pay attention to clauses in the employment contract that emphasize the voluntary nature of such a payment. Without this clause, waiving the Christmas bonus could have consequences under labor law.
Working on public holidays and possible surcharges
There is a statutory exemption requirement on public holidays, such as December 25th and 26th. Employees who still have to work, such as in hospitals or emergency services, are entitled to a replacement day of rest. Whether holiday surcharges are paid depends on the collective bargaining agreement or employment contract regulations. The Working Hours Act does not prescribe any surcharges, although many collective agreements or company agreements regulate corresponding payments. According to the Economic Forum, compensation for work on public holidays can also take the form of compensatory time.
Editorial team finanzen.net