In general:
As a rule, an employer in Germany is not allowed to force employees to work on Feiertage (official public holidays), because the German Working Hours Act (Arbeitszeitgesetz – ArbZG) prohibits work on these days and guarantees all employees “holiday rest” (§ 9 ArbZG).
Legal exceptions
There are only limited exceptions for certain essential or critical sectors, which are explicitly regulated in the law (§§ 10–14 ArbZG), such as:
hospitals and health-care / nursing facilities
hotels and restaurants
public transport services
emergency services (police, fire brigade, ambulance)
media and broadcasting
industries that require continuous operation (e.g. energy supply and certain vital production lines)
petrol stations, bakeries
emergency operations or natural disasters
In such cases, it must be explicitly stated in the employment contract or in the internal regulations (Betriebsvereinbarung or Tarifvertrag/collective agreement) that work on public holidays is part of the job.
Conditions for work on Feiertage (public holidays)
Compensatory rest day (Ersatzruhetag):
If an employee works on a public holiday, they must be granted another paid rest day within the following 8 weeks as compensation (§ 11 ArbZG).
Additional pay (Feiertagszuschlag):
In most cases, the employee also receives an extra payment (often between 125–150 % of the normal wage), depending on the employment contract or collective agreements, in addition to the compensatory rest day.
No explicit clause or agreement:
If the employment contract or internal regulations do not clearly provide for work on public holidays, the employer may not force the employee to work on those days. In such a case, the employee has the legal right to refuse.
Conclusion
General rule:
An employer may not force an employee to work on Feiertage. Doing so without a legal or contractual basis constitutes a clear violation of the Working Hours Act, unless the employee works in a legally exempted sector and this is regulated in their contract.
Exception:
Only in specifically defined sectors laid down in law and with clear contractual consent (employment contract/company or collective agreement) is work on public holidays permissible – and even then only with mandatory compensation, i.e. additional pay and a compensatory rest day.
If you are asked to work on a Feiertag without a clear legal basis or explicit contractual provision, you are entitled to refuse without facing any disciplinary or employment sanctions.
The team of authors and editors of the website strives to provide accurate information based on extensive research and consultation of multiple sources. Nevertheless, errors may occur or certain details may not be fully confirmed. Therefore, please consider the information in this article as an initial point of reference and always contact the competent authorities for binding and up-to-date information.
