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"High" holidays: Is there a surcharge on Pentecost Sunday or Easter Sunday?

2020-05-18T10:44:15.473Z


Handling holiday supplements is not always easy. What if a day is not a public holiday but is defined as a high holiday? A court was concerned with this question.


Handling holiday supplements is not always easy. What if a day is not a public holiday but is defined as a high holiday? A court was concerned with this question.

  • In many states, Pentecost or Easter Sunday are not public holidays.
  • Are employees * still entitled to a higher holiday surcharge on these days?
  • A court decided such a case.

Higher holiday surcharges on Pentecost Sunday or Easter Sunday?

Easter Sunday and Pentecost Sunday are not public holidays in most federal states. Those who work then can still be entitled to a higher holiday surcharge.

This shows a judgment of the Landesarbeitsgericht Düsseldorf (Az .: 6 Sa 996/18), about which the Arbeitsgemeinschaft Arbeitsrecht of the German Lawyers' Association (DAV) provides information.

In the specific case, a man who worked for a company in the bakery industry complained. According to the collective agreement, he received supplements for working on Sundays (50 to 75 percent), on statutory week-end holidays (150 percent) and on "high holidays" (200 percent). The high holidays included New Year, Easter, Pentecost and Christmas.

Read here : Ascension Day and other public holidays 2020 - this holiday is so puny

The employer changes the amount of the award

Up to and including 2016, his employer * paid the tariff-based surcharge of 200 percent for Easter and Pentecost Sundays. In 2017, however, he informed his employees that only Sunday surcharges would be paid for these days because they were not public holidays.

The man worked on Easter Sunday 2017 and sued for payment of the higher holiday allowance. The amount claimed corresponded to the difference between the Sunday surcharge of 50 to 75 percent and the surcharge for higher holidays of 200 percent.

Read here : Short-time work benefits are increased: this applies to employees and the self-employed

High holiday in the sense of the collective agreement

He got it right in court. Even if Easter Sunday is not a public holiday, it is still a high holiday within the meaning of the collective agreement, it said. According to the general understanding of the language, the term "high holiday" includes at least the high Christian festivals of Christmas, Easter and Pentecost. This also included Easter and Pentecost Sundays.

The higher surcharge was intended to compensate workers for the special burden of having to work on these days. You could not freely spend these holidays, which are considered to be particularly important, according to the court.

This impairment is present on Easter Sunday at least in the same way as on Easter Monday - if not more so.

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dpa / ahu

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* Merkur.de is part of the nationwide Ippen editorial network.

Source: merkur

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