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Public holidays do not count for shift workers
Published: 15 Jan 13 16:02 CET | Print version
Online: http://www.thelocal.de/money/20130115-47349.html
Shift workers in the public sector have no right to public holidays if they are scheduled to work - they must take a holiday day if they want to have the time off, a German labour court ruled on Tuesday.
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The court did not immediately explain the reason for its decision, the Frankfurter Rundschau newspaper reported.
But other, lower courts had ruled that public holidays could be considered normal work days where shift workers were concerned.
The ground worker at a regional airport sued in 1995. He had been working seven-day shifts, took time off on a day that was a public holiday and felt it was unfair to have to take holiday for that time.
The worker based his case on the federal vacation law, which says that legal holidays which fall when a public worker is on vacation do not count when calculating how many vacation days a worker has taken -- even if the worker normally would have been required to work on the holiday.
DAPD/The Local/mw
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Your comments about this article:
1. You do not have to work it if you do not want to, providing no impact on manpower requirements.
2. You get paid double time.
3. You get the day back to use as an "off" day if you have had to work it. However it has to be use within a set time frame. If you do not use it before a set time within the set time frame, then the company will give you the day off when it suits them.
4. If you are a shift worker and you did not work it because you are in pre programmed "off", providing it falls on a Monday to Friday then you still get it back as you have dipped out by no fault of your own, when all the office people are at home with the family etc.
As for, "The court did not immediately explain the reason for its decision", if they don't then the legal ruling should have not effect until they do. We are hardly talking about national secrets, this is something that could effect millions of people. Still think of the extra tax the government will rake in if 70 million people have to work an extra 9 days a year.......Just answered the question why..................lol
@And @23:24 January 15, 2013 by coffeelover
23:24 January 15, 2013 by coffeelover
I don't see a problem here, if you are scheduled to work on a holiday, you work. If you don't, you lose a day's pay, or worse, terminated for no call, no show. It is perfectly legal to ask for that day off in advance, but it's not a guarantee you will be granted it due to scheduling of manpower. At best, you work, and the company gives you holiday pay as a bonus. Cheerio chaps.......
I have been a shift worker for 25 years. I have just checked my old shift plans for the last 15 years. By your rules, I would have worked 10 Christmases, and 9 Easters.............And why, basically so people with your mind set can fly off to the sun on Christmas day.......