Public holidays in Germany

The legislation on public holidays in Germany, falls within the competence of the individual countries. Only the German Unity Day as a national holiday on 3 October was exceptionally determined by the federal government under a treaty. All other days were determined by the states, and there are eight other holidays that are valid in all 16 countries. In addition to these nine national holidays eleven countries have set other holidays.

Along with all Sundays are the holidays as " days of rest from work and of spiritual elevation " constitutionally (Article 139 WRV in conjunction with Article 140 of the Basic Law ) guarantees. This principle is also enshrined in some state constitutions.

• 4.1 Quiet Days 4.1.1 ban on dancing

• 9.1 legal norms
• 9.2 Further links

Overview of all holidays

Here public holidays are listed in Germany. The list applies, unless otherwise stated in the notes, since German reunification on 3 October 1990. Prior governed the German Democratic Republic ( the eastern part of Berlin as well as the present-day states of Brandenburg, Mecklenburg- Western Pomerania, Saxony, Saxony -Anhalt and Thuringia ) other provisions.

• Bavaria: with Assumption, without peace festival,
• Baden- Württemberg and Bavaria: without special provisions for students
• Saxony and Thuringia: without Corpus Christi.

Movable holidays

A holiday is referred to as mobile when he does not take place every year on the same date. Movable holidays almost always have a reference to the church year, her date usually depends on the date of Easter and then has a fixed daily distance therefrom. The following table shows all moving, legally recognized holidays in Germany. There are more dependent on the Easter Sunday dates ( eg carnival ), but they are nowhere legally recognized and therefore are not considered here.

1 Legally school holiday in Baden- Württemberg.

2 The determination of Easter Sunday and Pentecost Sunday as public holidays in Germany has no labor law implications, except in Baden- Württemberg, where "specific goods groups " - that is, baked goods, flowers, etc. - on both days as opposed to the other Sundays may not be sold. In § 2 section 1 of the Public Holidays Act of the state of Brandenburg, they are indeed called as public holidays, but also because there the holidays are treated as Sundays ( see § § 9-11 Arbeitszeitgesetz ), this additional mention has no consequences on the status of these days, especially not in the calculation of wages or holiday premiums. All other countries are Easter and Whit Sunday not even on the holidays.

3 Legal holiday in Saxony.

4 Ascension Day is celebrated on the 40th day of the Easter festival circuit, and thus 39 days after Easter Sunday. Therefore, the festival always falls on a Thursday. The earliest possible date is April 30; the latest June 3.

5 The date of the Day of Prayer and Repentance is defined as: " The Wednesday before the last Sunday after Trinity ." This Sunday (also called " Eternity Sunday " ) is the last Sunday before the first Sunday of Advent, with which the church year begins. Because of the fixed Christmas deadline on December 25, the Day of Atonement can be determined mathematically as "the last Wednesday before the November 23 " and is therefore independent of the Easter Sunday.

Legal Significance

Holidays are work-free principle for employees. For employees, this is because of § 9 of the Working Hours Act. You must be paid in accordance with § 2 of the continued payment of wages Act, a public holiday pay. It can be determined that the failed through the holiday work must be completed before or, but this must not be called free of charge. For officials working exemption from § 3 paragraph follows three working-time regulation of the federal and comparable state regulations. Any holiday surcharges are within the scope of § 3b Income Tax Act, tax-free.

For employees who work in a different state than the one in which is their residence, the holiday law of the country you want to work in the in the specific day is. In the office of the employer is irrelevant. The validity of the holiday right can not be waived by agreement.

Shift workers in the public service must absence of rules in the collective bargaining agreement on public holidays on which they want to have, accept for leave days to complete.

Points of sale

Outlets must be closed generally on holidays after the shop opening laws of the countries.

Road

Basically may trucks do not run on public holidays ( § 30 para 3 Highway Code ) and in certain areas of built-up areas not park ( § 12 para 3a Highway Code ).

Restaurants and event operations

On public holidays are observed simultaneously as the "silent day ", musical performances, sporting events and other beyond a regular dispensing operation programs can be prohibited. The relevant day, the scope of the ban and possible fines are thereby determined by the countries.

→ Main article: dance ban in Germany

Regional characteristics

Apart from the already mentioned regional differences in the holiday arrangements we have the following regional particularities:

Quiet Days

In addition to the holidays write the holiday laws in each jurisdiction so-called "silent days " before (in some countries referred to as "silent Holidays "), in which special restrictions apply, which vary from country to country, however. The best known is probably the ban on dancing on Good Friday, which is valid in almost all German states. Also get film productions after the official declaration of G with respect to the § 29 no holiday releases, their " character this [n ] [ silent ] Holidays [n ] is so contrary, that a violation of moral and religious feeling is to be feared ." In Saxony and Bavaria fall also some high church festivals which are not legally work freely (eg Immaculate Conception), under the protection of the silent days. The except in Saxony in 1995 abolished everywhere as a holiday Day of Atonement is protected so also the Memorial Day as a state arranged a day of remembrance comes over and above the regular Sunday protective importance in all countries. Sometimes just the time of the main worship is protected, sometimes the whole day and sometimes only the afternoon and the evening. More details must be taken in each individual case the holiday laws of the countries. The principle underlying a protective quiet days are different according to country and may include:

• Christmas Eve
• Ash Wednesday
• Maundy Thursday
• Good Friday
• Holy Saturday
• The entire Holy Week from Palm Sunday to Holy Saturday
• Easter Day
• Pentecost Sunday
• All Saints' Day
• All Souls' Day
• Memorial Day
• Repentance and Prayer
• Totensonntag

Ban on dancing

In most countries, the ban on dancing is not only limited to the Good Friday, but also applies to a number of other silent days.

Other regionally limited festive season

On a number of days festive events take place in certain regions, which may rest the work or is limited. Since this is not is defined by the legislator Holidays, one speaks in this case of " fake holidays " or " Tradition days." Examples of such days are:

• Weiberfastnacht or Schmotziger Thursday, Carnival Monday and Shrove Tuesday (52, 48, or 47 days before Easter Sunday )
• Frankfurt Wäldchestag (51 days after Easter Sunday, so on Tuesday after Pentecost) This day was committed regardless of the region in many industrial plants ( eg Siemens) up to the 1970s as the company Friday.
• May Market Tuesday in Mannheim (10 days after the last Saturday in April )
• Ulmer Oath ( penultimate Monday in July )
• Neuss Marksmen (Monday after the last weekend in August )
• Christmas Eve and New Year's Eve ( December 24 and 31 )

Coincidence of two holidays

In Germany, the holidays are such that normally can not ( Sundays excepted) two fall on the same day. The only possible exception is accompanied by an unusually early date of Easter and enters in years when Easter Sunday falls on March 23: Ascension is then committed simultaneously with the immovable Labour Day on May 1. This rare case occurs at irregular intervals about once a per century. In the 21st century Ascension was the only time in 2008 on May 1 The next time this will happen again until the year 2160. Ascension of Christ last 1913 Prior fell on the 1st of May, in Germany only since 1933, but a holiday.

In the Federal Republic was June 17 1954 to 1990 as German Unity Day a federal holiday. He fell during this period three times with the ( even then not uniform nationwide ) Corpus Christi holiday together (1954, 1965 and 1976).

Unlike in countries where the coincidence of holidays, for example, due to the mixing of Islamic and Gregorian calendar is not unusual, the German legislator has provided for this exceptional case no replacement regulations. In the holiday laws of some German countries to apply mutatis mutandis the wording: "On public holidays with the exception of May 1 and October 3, are prohibited: [ ... ] ". This presents particular when assessing the validity of the dance ban and the ban publicly noticeable activities and events difficulties because on Ascension Day public meetings and entertainment events are usually restricted or not permitted, as they are characteristic for the day of work and also explicitly allowed.

Criticism

The majority of the public holidays in Germany is of Christian origin, but now includes 40 % of the population no Christian denomination more (which is certainly not to be equated with a rejection of traditional celebrations). Calls for reform of the German holiday laws, such as Hans- Christian Ströbele's proposal to establish a Muslim holiday, but hardly encounter on interest. The secularists in Germany even calling for the abolition of all religious holidays in order to secure the ideological neutrality of the state.

In the wake of the decline of the importance of church and religion in Germany, perceived as unjust distribution of the non uniform national holidays is also more and more often criticized. For example, there are in Bavaria at least three, in the extreme case ( Augsburg ) even five legally -working days more than in many northern German states, although these additional holidays are no longer committed by a significant part of the population in its original sense, but simply as an additional free days is considered not available to citizens of other countries are available.

The failure of the holiday protection for workers on days with nonuniform holiday regulations, is where given at the same time because of the holiday coverage from school is, especially in Bavaria, deplored as significant burden for single workers and families with children in which both parents are working. In practice, parents may be forced involuntarily to take a day off to supervise her on the day out of school going children.

Former Holidays

• The Josephitag ( motionless on March 19 ) in Bavaria was a public holiday, which was abolished in 1969. Among Catholics the Josephitag was celebrated as Father's Day.
• From 1954 to 1990, the " Day of German Unity " in the Federal Republic of Germany was committed on June 17, commemorating the uprising of the 17th June 1953. 's Day remains unchanged as a national day of remembrance.