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 the employee's regular workplace is located always applies, not that of a temporary assignment location (6 AZR 38/24).
"The entitlement to overtime pay is determined by the collective agreement for the public service of the states, based on the regular workplace," explained the Sixth Senate in Erfurt.
The case decided involved participation in a training event on All Saints' Day in Hesse. The Labor and Local Labor Court in NRW had issued differing judgments.
The decision of the federal judges applies only to the collective agreement of the states and is therefore not transferable to other areas, such as companies with many employees in mobile deployment, emphasized a spokesperson for the Federal Labor Court.
"Employees with changing workplaces in federal states should be aware that their holiday allowances are governed by the regulations of the state where their regular workplace is located, not the state of a temporary assignment."
"During the discussion about the allocation of holiday allowances, it was highlighted that holidy allowances for staff with changing workplaces should be determined in accordance with the regulations of their primary work location."
