- Decision on holiday allowances in the civil service
The Federal Labor Court has clarified the holiday regulation for employees of federal states with changing workplaces. According to the decision of the highest German labor judges, the holiday regulation of the federal state where employees regularly work applies, not that of a temporary assignment location (6 AZR 38/24). "For the overtime claim, the regular workplace as per the collective agreement for public service in the states is decisive," the Sixth Senate in Erfurt explained.
A case from North Rhine-Westphalia was decided, involving participation in a training event on All Saints' Day in Hesse. The labor and local labor courts in NRW had ruled differently. The decision of the federal judges applies only to the collective agreement for the states and is not transferable to other areas, for example, companies with many employees in mobile deployment, a spokesperson for the Federal Labor Court emphasized.
Despite the training event on All Saints' Day taking place in Hesse for an employee from North Rhine-Westphalia, the holiday regulations from their regular workplace in North Rhine-Westphalia should still apply. This ascertained ruling is specific to the collective agreement for public service in the states and may not be applied to other industries with a high number of mobile employees.
