Public Holiday Allowance: Regular Workplace Determines Eligibility

The Federal Labor Court ruled that in the public service, the regular place of work, not short-term assignments, determines eligibility for public holiday allowances. A case in North Rhine-Westphalia highlighted this distinction, where a technical specialist attending training in Hesse on All Saints' Day demanded the allowance.

Discrepancies between the labor court and state labor court led to the Federal judges' final decision. The case involved a public servant from North Rhine-Westphalia denied the holiday allowance for training in Hesse, despite it being a holiday in NRW.

The Federal Labor Court clarified that under the public service labor agreement, the entitlement to holiday allowances is based on the regular workplace, not the assignment location. The case had previously been reviewed by the labor court and state labor court in Hamm before the Federal Labor Court's ruling.