One thing is clear: Employees must work on every business day—unless they are on vacation or have the day off. Or unless it is a statutory holiday.
The two Christmas holidays on December 25 and 26 are statutory holidays. Therefore, every employee who is not scheduled to work on these holidays has the day off. The same applies to New Year’s Day, January 1.
Christmas Eve and New Year’s Eve are not public holidays
But what about Christmas Eve, which has been the “biggest holiday” since childhood, and New Year’s Eve, the day when even many non-Christians prepare for the turn of the year? Watch out—it’s a trap! Contrary to popular belief, these two days are not statutory holidays. So—unless these days happen to fall on a weekend—you are generally required to work. Only those who take vacation time off will have the day off. It’s also not enough to simply take a half-day of vacation.
Till Bender has been working at DGB Rechtsschutz GmbH since 2012.
The labor law attorney represents union members in court.
Time Off Thanks to Collective Bargaining Agreements
However, in many sectors, collective bargaining agreements provide for time off on Christmas Eve and New Year’s Eve—in some cases, at least for half a day. For example, in the metal industry in North Rhine-Westphalia, the regular working hours under the collective bargaining agreement end at 1 p.m. And in many cases, company policies or contractual provisions exist that grant employees full or partial time off on these days. Employees should therefore inquire about this well in advance.
Days Off Based on Company Practice
Under certain circumstances, an entitlement to time off for Christmas Eve and New Year’s Eve may also arise from established company practice. If the employer has repeatedly and unconditionally granted employees time off on these days in previous years, employees can invoke an entitlement created by this practice. The employer’s conduct then suggests a corresponding intention to be bound by this practice.
Vacation Between Christmas and New Year’s
For the days between Christmas and New Year’s, the following applies: Only those who have vacation time may stay home. Often, companies close for the holidays during this period, so the entire workforce has time off. If that is not the case, plan ahead and coordinate with your coworkers if you want to take time off. Experience shows that this is a time when almost all employees want time off. If company needs conflict with this, the boss can deny the vacation request.
How long can company-wide holidays last?
The employer may schedule company-wide vacations for operational reasons. This can be a problem for employees who would have preferred to take their vacation on other days of the year. For this reason, company-wide vacations must under no circumstances cover the employees’ entire annual vacation entitlement.
The Federal Labor Court has ruled that approximately 60 percent of an employee’s annual leave is considered reasonable for the duration of company-wide holidays. However, this must still be clarified in court on a case-by-case basis. It is important to note that the works council has a say in determining the company-wide holidays to ensure their duration is acceptable to all employees.
Vacation Entitlement Can Be Enforced in Court
If the employer denies a requested vacation but you still want time off for important reasons, you don’t have to give up right away: Employees should first consult with coworkers who have been granted vacation time. Perhaps a swap is possible. Of course, this also requires the approval of the supervisor responsible for granting vacation time.
If that doesn’t work, you can still turn to the works council or the union. And as a last resort, the only option left is to try to enforce your vacation request through the courts, if necessary by seeking a temporary restraining order. DGB Rechtsschutz GmbH assists all union members. However, you shouldn’t wait until the very last day to seek a legal resolution. Even the staff at the labor court want to take vacation!
Find out here whether you need to be reachable after work or while on vacation
Note: IG Metall members receive free legal representation before the labor and social courts, if needed, from attorneys at DGB Rechtsschutz GmbH . The first point of contact for any issues is the your local IG Metall office. Further information on union legal protection is available here.
