For work on a public holiday, the employee is entitled to the achieved wage and wage benefits of at least 100% of his average earnings. The wage advantage also belongs to the work performed on a public holiday, which falls on the day of the employee’s continuous rest during the week.
If the employer and the employee agree to take compensatory leave for work on a public holiday, the employee is entitled to an hour of compensatory leave for an hour of work on a public holiday. In that case, he is not entitled to a wage advantage. If the employer does not provide the employee with compensatory leave no later than three calendar months following the month in which the work was performed on the holiday, or in another agreed period after the holiday work, the employee is entitled to a wage benefit under paragraph 1. wages in the amount of his average earnings. In the case of an employee who is remunerated by a monthly salary, the time taken to take compensatory leave for public holidays is regarded as the time worked for which he is entitled to the salary; this employee is not entitled to compensation for the time taken to take compensatory leave for work on public holidays. It may be agreed in the collective agreement or in the employment agreement that the employee who is remunerated with a monthly salary will also proceed according to the fourth sentence.
An employee who has not worked because the holiday fell on his normal working day is entitled to a wage compensation in the amount of his average earnings if he has missed the holiday for the holiday. In the case of an employee who is remunerated on a monthly basis, a holiday which falls on his normal working day shall be deemed to be the day on which he is entitled to the salary. This employee is not entitled to holiday pay. It may be agreed in the collective agreement or in the employment agreement that the employee who is remunerated with a monthly wage will also proceed according to the first sentence.
Reimbursement of a holiday or salary pursuant to paragraph 3, second sentence shall not belong to an employee who unjustifiably misses a change immediately preceding or immediately following the holiday, or a change ordered by the employer for the holiday, or part of any of these changes.
The employer may agree on a salary with the manager in the employment contract, taking into account any work on a public holiday. In this case, neither the payer’s benefit nor the compensatory leave for public holidays belong to the manager.