Implications of refusing to work Xmas

[Jannerman 7]

What are the legal implications of refusing to work on Xmas day and/or Xmas eve? I'm a Mon to Friday employee and originally offered to work boxing day. This is now changing and I draw the line on Xmas day/eve. 

[catjones 1,694]

insufficient data

[RedMidge 6,638]

As catjones says- more info needed.

-Type of work

-What does your contract say?

-How much vacation you have?

 

[HH_Sailor 3,628]

Xmas Eve in Germany is a so called Werktag. It's not a holiday. Unless your contract states otherwise, you need a day off in lieu, a vacation day, or hrs from your flexitime to stay off work.

(assuming the 24th is weekday)

 

25/26th Dez are both public holidays.

You need to be ordered in by your boss, or you're on shifts which amounts to the same thing to have to work.

 

 

 

[Jannerman 7]

My contract says 40 hrs per week 8 hours a day etc etc . There is a vague statement...  "If necessary the employee may be required to work outside normal working hours so long as it is in accordance with German employment law"

 

This is the grey area. I am already on vacation as I've had one week off since May.

[warsteiner70 289]

You are going to have to check your contract carefully and specifically regarding paragraph 10 of the working hours act - https://www.personal-wissen.de/10805/feiertagszuschlaege-fuer-arbeit-an-weihnachten/

 

" Am 25. und 26. Dezember sowie am 1. Januar entfällt die Arbeitspflicht. Vom Beschäftigungsverbot an den Weihnachtsfeiertagen und an Neujahr sind jedoch gemäß § 10 Arbeitszeitgesetz einige Branchen ausgenommen "

 

Translation (Google)

 

"On December 25th and 26th and on January 1st there is no compulsory work. However, according to Section 10 of the Working Hours Act, some sectors are exempt from the ban on employment on the Christmas holidays and on New Year's Day."

 

In some places you will be expected to work as with other bank holidays (airports, etc.) and normally in these places your employment contract that you sign when you accept the job mentions these things.

 

As someone else mentioned Dec 24th isn't a bank holiday so just a normal workday even though some places do allow their employees to finish early or take the afternoon off.

[dstanners 1,542]

You're lucky to be on a full year contract. We turn a blind eye to the fact that you outsource almost all of "your work", but listen Santa, Xmas Eve and Xmas Day are YOUR days. Stick your costume on, get the sleigh ready and suck it up.

You can put your feet up again on 26 December.

....sorry, couldn't resist...