Show up for work on public holidays? In some industries this is quite common. Are employees then entitled to a supplement under the law?
Retail shops remain closed, supermarkets too: Sundays and public holidays are days off. Nevertheless, there are sectors in which employees have to come to work on these days.
Financial compensation is often intended to serve as compensation. Is the claim regulated by law?
No statutory entitlement to holiday surcharge
“No,” says Alexander Bredereck, a specialist lawyer for labor law in Berlin. According to the expert, employees need a different legal basis.
“Such a claim can result from the employment contract, a collective agreement, a company agreement or a company practice.”
► A company practice describes a kind of customary law: if the employer regularly repeats certain behaviors, the workforce can conclude that the benefit should be granted on a permanent basis.
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Contact the employer for a surcharge
Since the holiday bonus is tax-free up to a certain amount, Alexander Bredereck recommends contacting the employer about it. “Employers are regularly less averse here than with taxable salary components.”
By the way: Unlike Good Friday and Easter Monday, Easter Sunday is not a public holiday – except in Brandenburg.
► This can mean that employees who work on this day receive a Sunday bonus instead of a holiday bonus. It is often lower.