Postponing holidays: Is the employer allowed to swap holidays and working days?

A German city center on a public holiday: The shops are closed, the streets quiet, and public life seems to hold its breath for twenty-four hours. But while the nation rests, the phones are ringing off the hook in many modern offices and home offices. In a globalized working world where teams collaborate across continents, the rigid German holiday quiet often seems like a relic from a bygone era. While the highly skilled If a skilled worker from the USA or India is regularly working at a computer, German law prohibits their local colleague from doing so . The question we are therefore increasingly receiving in our consulting practice is as logical as it is legally complex: Are employees allowed to work on a public holiday in order to take another day off that is more personally significant to them? The answer reveals a deep gap between the lived reality of a modern immigration society and a working time law that is in danger of losing touch with digitalization and diversity.

The rigid legal situation: A protective wall with cracks

To understand the full scope of this issue, one must examine the Working Time Act (ArbZG) . As a law firm, we often encounter the disillusionment of our clients when we cite these sections. According to Section 9 of the ArbZG, a general prohibition on employment applies in Germany on Sundays and public holidays from midnight to midnight. The legislator intended this to protect a collective period of rest and spiritual reflection. While exceptions are provided for in Section 10 of the ArbZG, these are limited to sectors where work is absolutely essential – such as hospitals, fire departments, or the hospitality industry.

For the classic For IT professionals, marketing specialists, or research staff who could theoretically perform their duties on any other day, the law offers little flexibility. Even if an employee explicitly requests a swap, for example, to have time off for Eid al-Fitr or Yom Kippur and work on Good Friday, the legal classification remains uncompromising: Unauthorized swapping of public holidays is not permitted under current law and constitutes an administrative offense. According to Section 22 of the Working Time Act (ArbZG), fines of up to €15,000 can be imposed – a risk that many companies underestimate.

Between cosmopolitanism and pedantry

We observe that highly qualified migrants and international talent in particular perceive this rigidity as an obstacle. Germany is promoting itself within the framework of the While skilled immigration is intensively sought after by bright minds from all over the world, it then offers them a rigid set of holidays primarily based on a Christian-Western tradition. For a modern, diverse workforce in metropolises like Berlin, it is difficult to understand why a legally mandated day of rest cannot be individually exchanged for a religiously or culturally significant day.

Current practice has long since outpaced legislation. In many international corporations, there is a tacit acceptance: work on public holidays is done from home, availability for the global team is ensured, and time off in lieu is granted informally. But this "gray area" is problematic for a country that prides itself on being a leading economic hub for The practice of positioning skilled workers is unworthy. It creates legal uncertainty for employers and forces employees into a position where they have to sacrifice vacation days to express their cultural identity, while condemning them to inactivity on days that mean little to them.

Reform gridlock and the future of work

There is an urgent need for legal policy action. While the government's current migration policy emphasizes the importance of... While skilled worker immigration is a positive development , it often lacks flexibility in daily work routines. We advocate an amendment to the Working Time Act that would allow work on public holidays by mutual agreement, provided a compensatory day off is granted promptly.

Such a step would not only reflect societal reality but also increase Germany's attractiveness to international talent. Flexibility in scheduling public holidays is a sign of respect for a diverse workforce. Furthermore, we are still awaiting the implementation of the European Court of Justice ruling on working time recording and the flexibilization of maximum weekly working hours announced in the coalition agreement. Digitalization now allows us to work regardless of location or time – the law should support this progress instead of hindering it with threats of fines.

Conclusion: Time for an update to working time law

In summary, a legally secure exchange of public holidays is not currently possible. The strict regulations of the Working Time Act (ArbZG) leave no room for individual cultural or project-related needs in office professions. Nevertheless, daily consulting practice shows that the demand for greater flexibility is growing louder. We consider it essential that the legislature takes the initiative here to make Germany an attractive location for all foreign workers. To make the skilled worker role more modern and inclusive. Until then, companies can only carefully review their company agreements to minimize risks.

How Visaguard can support you

As a specialized law firm for visa law and labor migration, we support companies and We guide skilled workers not only through the maze of residence permits. We also provide comprehensive advice on the legal framework of your employment in Germany. Whether it's drafting employment contracts that take modern work arrangements into account, or the legally compliant implementation of international team structures – we ensure that your immigration story rests on a solid legal foundation.