• An employer’s obligation in Germany to pay public holiday surcharges under the TV-L depends on whether a statutory holiday exists at the employee’s regular place of employment.
• Collectively agreed holiday surcharges may cover Easter Sunday and Whit Sunday if the wording of the collective agreement so provides, even though these days are not statutory holidays in many federal states.
• In the private sector, public holiday law is determined by the actual place of work (e.g., the employer’s premises or the home office), although employers may contractually provide that home office or mobile work is excluded on days that are statutory holidays only at the mobile work location—but not at the employer’s main office.

For private-sector employers, the following applies: The prohibition on work under Section 9(1) of the Working Hours Act (Arbeitszeitgesetz (ArbZG))and the continued payment of wages on public holidays under Section 2(1) of the Continued Remuneration Act (Entgeltfortzahlungsgesetz (EFZG))are tied to the place of work, meaning the federal state in which the work is actually performed. This also applies to home office and mobile work, regardless of whether the employment contract designates a different location as the place of work.

Holiday Surcharges Despite a ‘Holiday-Free’ Federal State for Collectively Bound Employers

An employee of a hospital in North Rhine-Westphalia, whose employment relationship was governed by the TV-L, attended a training course in Hesse...

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