Federal Labor Court clarifies holiday regulation for mobile employees
Federal Labor Court clarifies holiday regulation for mobile employees
The question of the holiday surcharges for workers in the public service has again gained in explosive, since people in different regions of Germany can experience different regulations. In a recent decision, the Federal Labor Court made it clear which provisions apply.
The judgment of the Federal Labor Court
In an important decision, the Federal Labor Court in Erfurt clarified the holiday regulation for employees of the federal states with changing work locations. The sixth Senate decided that the holiday regulation of the federal state in which the employee has its regular place of employment is decisive for the claim for surcharge. This represents a significant clarification for many employees who, for example, change the place of employment for further training measures.meaning for employees in the public service
For many employees in the public service who work in changing locations, this judgment means legal security. Especially in cases where employees work on a holiday like All Saints' Day in another federal state, such as Hesse, the question of the contract was unclear. The decision of the Federal Labor Court sets a clear framework here.
the case from North Rhine-Westphalia
The judgment is based on a specific case from North Rhine-Westphalia, where an employee took part in a training event on All Saints' Day in Hesse. In this case, there were different judgments of working and state labor courts in North Rhine-Westphalia, which increased the uncertainties for the employees. Now, however, the legal situation is clear: the regular place of employment counts and not the short -term location.