Federal Labor Court clarifies holiday regulation for mobile employees

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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.

transferability to other areas?

However, it is important to note that this decision applies specifically to the federal states' collective agreement. Spokesman for the Federal Labor Court emphasized that the judgment is not transferable to other sectors, for example to companies with a large number of mobile employees. This differentiation could prove to be significant for the design of employment contracts in various industries.

conclusion: legal certainty created

In summary, it can be said that the judgment of the Federal Labor Court is of great importance for the approximately 1.6 million employees in the public service of the federal states. The clear regulation on the application of the holiday surcharges finally creates more legal certainty and prepares the way for a more uniform understanding of the labor happiness in Germany.