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Working hours

"We're open on the public holiday — you're in."

The company opens on a statutory public holiday and you are supposed to work.

§§ 9–11 ArbZG / § 18 JArbSchG

It depends …
Off as a rule — only certain industries may, and then you get a replacement day.
Work on statutory public holidays is generally prohibited (§ 9 ArbZG). Exceptions exist only for certain activities, e.g. in hospitality, hospitals, transport or emergency services (§ 10 ArbZG). Anyone who works on a public holiday falling on a working day gets a replacement rest day within eight weeks (§ 11 ArbZG). Minors are specially protected: they may never work on 25 December, 1 January, Easter Sunday and 1 May, nor after 2 p.m. on 24 and 31 December; on other holidays only in the permitted industries and with a replacement day off in the same or the following week (§ 18 JArbSchG).

What the law says

§ 9 ArbZG – Sunday and holiday rest
Employees may not be employed on Sundays and statutory public holidays from midnight to midnight.
§ 11 ArbZG – Compensation
Employees who work on a public holiday falling on a working day must receive a replacement rest day within eight weeks.
§ 18 JArbSchG – Holiday rest
Young people may not be employed on 24 and 31 December after 2 p.m. or on public holidays; never on 25 December, 1 January, Easter Sunday and 1 May.

What you can do

  1. Ask which exception your company falls under — not every shop may open.
  2. Get the replacement rest day confirmed with a date right away.
  3. Check the collective agreement or training contract for holiday bonuses.
  4. Under 18: 25 Dec, 1 Jan, Easter Sunday and 1 May are always off — no exceptions.
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