Working weekends and public holidays
In short
If the day is not a working day under your contract or rota, every hour you work on it is a plus on your balance. For work on a Sunday or public holiday, German law gives you a replacement rest day. Surcharges only exist if your contract or collective agreement provides them; up to certain rates they are tax-free.
Legal state: 20 October 2026 · By Till Heidrich, Heidrich Digital · Not legal or tax advice
How the time counts on your balance
- Not a working day under your contractIf you work on a Saturday, Sunday or public holiday you would otherwise have off, your target that day is zero. Every minute is a plus.
- Fixed working day at the weekendIf Saturday is one of your fixed working days, your normal target applies. More is plus, less is minus.
- Public holiday on a working dayOn a public holiday your target drops out while your pay continues. If you work anyway, it counts as plus.
- Rota with changing daysIf you sometimes work Mondays and sometimes Saturdays, your target counts per week. A free Monday is no minus and a Saturday no plus as long as the week adds up.
Source: § 2 Continued Remuneration Act (holiday pay, Germany)
Replacement rest days and free Sundays
- GermanyIf you work on a Sunday, you get a replacement day off within two weeks. For a public holiday on a weekday the employer has eight weeks. At least 15 Sundays a year stay free.Source: § 11 ArbZG
- AustriaYou are owed 36 hours off in a row every week, normally from Saturday afternoon. If you work on a public holiday, the work is paid on top of the holiday pay unless you agree on time off instead.Source: §§ 3, 9 ARG
- SwitzerlandSunday work needs a permit and your consent. Temporary Sunday work earns at least a 50 percent surcharge and replacement rest.Source: Art. 19 and 20 ArG
Surcharges: what is tax-free
In Germany there is no legal right to Sunday or holiday surcharges, only to fair compensation for night work. If your employer pays surcharges, they are tax-free up to these rates of the base pay (base pay at most €50 an hour):
| Night work (20:00–6:00) | 25 %, from 0:00 to 4:00 40 % if you started before midnight |
|---|---|
| Sunday | 50 % |
| Public holiday, 31 Dec from 14:00 | 125 % |
| 24 Dec from 14:00, 25 and 26 Dec, 1 May | 150 % |
Source: § 3b EStGSource: § 6 (5) ArbZG
Collective agreements and works agreements often provide more, such as higher surcharges. If in doubt, a works council, union, the Chamber of Labour (Austria) or an employment lawyer can help.
How Fieravend helps
- Work model “Changing days (rota)”: target per week, planned shifts, public holidays only count if a shift was planned.
- Entry type “Replacement rest day”. If one is missing, Fieravend tells you calmly and keeps track of the deadline.
- A replacement rest day never counts as minus and costs no leave. Surcharges with the tax-free share under § 3b EStG come in a later update.
- A hint when too few free Sundays are left in the year.
Quick questions
Is work on a public holiday automatically overtime?
On your balance yes, if the holiday would otherwise be a day off: your target is zero, every hour is plus. Whether it is paid or taken as time off depends on your contract.
Do I get a day off for a Sunday I worked?
In Germany yes, a replacement rest day within two weeks (§ 11 (3) ArbZG).
Are Sunday surcharges tax-free?
Up to 50 percent of base pay, on public holidays up to 125 or 150 percent (§ 3b EStG).
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