Bayern v. not-Bayern work

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I am very confused about these Bayern specific holidays; and its labor law implications.

 

So.. Lets say, I have a GmbH located in Muenchen; and one employee...

Office location is also Muenchen.

Customer is in Baden-Wurtemberg; and sometimes we are even on-site in customer offices.

 

a) Can employee work on a Bayern specific holiday, if he is on-site with customer?

b ) Can employee work, in-office (Muenchen) for this customer?

c) Can I (the CEO) work on a Bayern specific holiday from office?

 

Being a small IT company we typically ask "how high?" when customer asks "jump" -- but sooner then later I should know what constitutes labor law violation; and what does NOT.

 

 

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1 hour ago, Aihal said:

 

a) Can employee work on a Bayern specific holiday, if he is on-site with customer?

b ) Can employee work, in-office (Muenchen) for this customer?

c) Can I (the CEO) work on a Bayern specific holiday from office?

 

If your company or business (irrespective of its legal constitution) is established in Bayern then all its relationships with employees who were residents of Bayern when hired are, in addition to any relevant federal labour and vacation laws, also governed by any applicable Bayern specific laws, statutes, ordnances or regulations.

 

a ) only if said employee had been hired as a non-resident of Bayern and the customer site is outwith any state which honours the same holiday as Bayern.

NB: Of the holidays which you may think of as being Bayern-specific only one, (Augsburger Friedenfest), is not shared by any other Bundesland. Many of them are common to B-W!

 

b ) not during a federally or Bayern mandated holiday

 

c) As an owner, CEO, executive manager or boss you can do whatever you want to do with your own time.

 

You can keep your eye on the changing situation wrt variations between Bundesländer in the future with the help of this calendar which you can set to remind you to mail you up-to-date reminders in advance of your own needs.

 

Feiertage 2018

 

2B

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This is also an issue if you work internationally and have people on longer term assignments.

 

I suggest that you start to draw up guidelines or ways of working for how to handle these situations so that it is clear to all staff.

 

For example:

While on a business trip.

  • If it is a holiday in the location that the employee is currently located then the employee is entitled to take the day off. (or not, whatever you decide!)  
  • if it is a holiday in the home location of the employee but not a holiday in the current location, then the employee is allowed take the holiday 'in lieu' at a time mutually agreed between the employer and the employee.  Or the employee can option be paid at a rate of x.xx for working on this day.

The employee must respect all applicable local laws in regards to working hours.

 

 

 

 

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