Working day

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Working is in labor 1 day on which in fact , the customary procedure or (industry) standard , the work must be included. This is usually from Monday to Friday, but not on public holidays.

General

The working time always falls on a working day. In order for a working day to be assumed, labor law requires that the vast majority (80%) of the workforce regularly work in the company on that day . In everyday life, it is not always easy for laypeople to distinguish between working days, working days and public holidays . Headlines such as “Saturday is not a public holiday”, “Saturday is also a working day” hardly helped to clarify the situation. There is also the non-working working day , which - although working day - is not a working day. This distinction has not found its way into laws, but it does play a role in collective agreements, for example . The working day can fall on a public holiday; the working day does not have to be a working day. As for the counting of working days, it is unclear whether Saturdays should be included or not. The Capital Investment Code (KAGB) often uses the term working day without defining it (e.g. in Section 215 (3) KAGB). Thereafter, the working day is to be understood as "Monday to Friday with the exception of public holidays".

The number of working days per year differs between states and within the federal states depending on the public holidays, the course of the week and leap years . In Germany it is between 247 and 255 days. All days are counted that do not fall on a Saturday , Sunday or public holiday . The individual number of working days can differ significantly from this ( part-time , rest days, etc.). Of the seven calendar days, five are working days unless there is a public holiday. Since most months have 30 or 31 days, the number of working days per month is different and varies between 20 and 23 working days per month.

history

In the Old Testament the conditions were still simple: "You can do your work for six days, but on the seventh day you should rest so that your ox and donkey can rest and the son of your slave and the stranger can catch their breath" ( Ex 23:12  EU ). There were only three public holidays, because “three times a year you are to celebrate me a festival” ( Ex 23.14  EU ).

From the German commission report on the amendment of April 1892 it can be seen that the word working day is not synonymous with working day in the sense that Sundays and holidays cannot be considered working days. At that time, the six-day week still applied, and it was clear that working days were working days. Difficulties in interpretation arose at the latest when the unions succeeded in reducing working hours and implementing the five-day week through collective agreements from 1955 (“Saturday is my father”). But now working days were no longer working days, and difficulties of interpretation began that could only be resolved by a judgment of the Federal Labor Court (BAG) in May 1971. According to this, the concept of the working day in § 34 SchwBeschG corresponded to that of the working day in § 3 BurlG. “Working day or working day was and is the means for the legislature to determine the desired length of vacation to a certain extent; In this sense, both terms are, so to speak, the 'technical instrument' for determining a uniform time value, namely the desired length of vacation ”.

After working hours were reduced to less than 48 hours, not every working day was normally a working day. However, if the collective agreement remains in place and it is also assumed that working days and non-working working days are proportionally used for vacation, there was no change. Until the decree on the continuous 5-day working week and the shortening of weekly working hours with a simultaneous new regulation of working hours in a few weeks with public holidays on May 3, 1967, there was no doubt about the term working day in the GDR , too , with an exception of Sundays and Holidays all calendar days counted.

Legal issues

According to the collective bargaining agreement, working days are all calendar days on which the employee has to work or would have to work according to plan or in accordance with the company's standard practice, with the exception of public holidays falling on working days for which no time off is granted. The Federal Labor Court (BAG) defines working days within the meaning of Section 26 (1) TVöD as all days on which the employee has to work. The BAG uses the same definition to fill in the term “working day”.

According to the Working Hours Ordinance (AZV), the working day is basically a working day ( § 2 No. 2 AZV). The Working Hours Act (ArbZG) issues an absolute prohibition of employment in Section 9, Paragraph 1 of the ArbZG , because "Employees may not be employed on Sundays and public holidays from midnight to midnight". However, in Section 10 (1) ArbZG, numerous exceptions to this are permitted. If certain work cannot be carried out on working days, employees may be employed on Sundays and public holidays, in derogation from Section 9 ArbZG, for example in rescue services , the fire brigade or in restaurants . This even turns Sundays and public holidays into working days for certain occupational groups . If the employee's working hours start at 8:00 a.m. on one calendar day , this working day ends at 8:00 a.m. on the following calendar day. Within this period, the employee may be employed a maximum of eight hours in accordance with Section 3 ArbZG and a maximum of 10 hours in accordance with Section 3 sentence 2 ArbZG.

Working days - but sometimes also working days - form the basis for calculating the vacation . While the Federal Vacation Act (BurlG) calculates vacation according to working days ( Section 3 (1) BUrlG), the working day serves as the basis for calculating the vacation of civil servants ( Section 5 (1) Recreational Leave Ordinance ). Working days are defined as working days excluding Saturdays , i.e. Monday to Friday . The additional leave of the severely disabled is still calculated according to working days ( Section 208 (1) SGB ​​IX ). Employees who are absent from work without excuse on the last working day before or on the first working day after public holidays are not entitled to payment for these public holidays ( Section 2 (3 ) EntgFG ). If an employee's incapacity for work lasts longer than three calendar days, he must submit a medical certificate stating the incapacity for work ( certificate ) and its expected duration no later than the next working day ( Section 5 (1) EntgFG). The coupling of calendar days and working days results in cumbersome deadline calculations , which have to be solved on the basis of § 193 BGB .

Banking day

A specific working day that only applies to banking is the banking day . There are more bank working days than working days. The banking day is a worldwide working day on which credit institutions are open to the public and cashless payment transactions are processed. Bank working days are always identical to TARGET days ; Saturdays and Sundays are not bank working days, even if some banks (e.g. at airports or train stations) have their counters open.

Socio-cultural aspects

In ancient cultures and also during the Middle Ages , the difference between day and night was the same as that between light and dark and thus of far greater importance than in most of today's societies, whose rhythm of life has been shifted by artificial lighting.

The clear day not only determines the concept of the social and personal day , but also that of the working day. In the Middle Ages, but also up until the early 19th century - and in many parts of the world outside Europe to this day - people worked all day from “early to late”, the working day  - as the daily working time  - was up to 16 hours. Up until the 20th century, servants and servants in southern Germany and Austria were given an additional one to three unpaid working days, so-called shit days , to compensate for the time they took to defecate during the agreed employment.

The day's work is synonymous with the work done. To this day, it is the duty of the employee to appear rested for work, which is why the night as sleeping time is one of the obligations of the working person. Only with the introduction of legal rules on the maximum permitted daily working hours ( working time laws ) does a time window open up after work that does not have to be used for work or rest. In the middle of the 20th century in the industrially developed countries the daily working time was reduced from 10 to mostly 8 hours, and the considerable period of time was given the name of free time , as “free” time between day and night.

Today the concept of the day as working time is mainly expressed in some linguistic expressions, such as part -time work , the question “How was the day?” (Even if the child comes home at noon), “being satisfied with his day's work” and that “ End of work ” as the end of working hours in the late afternoon.

Even today, many public holidays are celebrated the evening before, for example as Christmas Eve or Nicholas Eve , because in some earlier calendars in Europe the new calendar day began not until midnight, like in Jewish and Islamic calendars, but at the local dusk, and so on a holiday with the end of the day.

In the context of globalization and immediate worldwide communication, the question of the time of day in other time zones is also relevant. The shift from the clear day to the subjective day when traveling by air creates jet lag .

International

What is a working day internationally and which is not depends heavily on the culture . The religious calendar of Islam follows the rhythm of its own week, which is different from our western week. In the western world, working days are Monday through Friday, followed by Saturday and Sunday as the weekend . Judaism and Christianity have each reserved one of these weekdays for their worship. For Muslims, Friday is the holy day of prayer for Friday prayer , so the working days are from Sunday to Thursday . However, Friday is not a public holiday in Islamic countries ; shops are only closed for half a day in Saudi Arabia . In some Islamic countries, the weekend falls roughly on Thursday and Friday, so that Saturday through Wednesday remain as working days. Certain Islamic holidays are not working days in Islamic countries.

In Judaism , the Sabbath is not a working day; it lasts from sunset on Friday until dark on the following Saturday. This means that the Jewish week has six working days, as Luke already reported: “The week has six working days. You can come on them and be healed, but not on the Sabbath of all days! ”( Lk 13.14  EU ). Some Jewish holidays are not working days, such as Yom Kippur as one of the high holidays of the Jewish religion.

The Buddhism knows Buddhist festivals and holidays , is not worked in some countries.

Web links

Wiktionary: working day  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ BAG, judgment of June 1, 1966, Az .: 1 ABR 16/65
  2. ^ Handelsblatt dated August 9, 1960
  3. ↑ Süddeutsche Zeitung of October 25, 1978
  4. ^ Friedrich Fürstenberg / Irmgard Hermann-Stojanov / Jürgen P. Rinderspacher, Der Saturday , 1999, p. 128
  5. ↑ Jürgen Baur / Falko Tappen, Investment Laws: Sections 273 - 355 KAGB / InvStG , Volume 2, 2015, p. 84
  6. ↑ Calendar media
  7. ↑ Sascha Kristin Futh, The DGB discovers the campaign. The struggle for a non-working Saturday , in: Work - Movement - History. Journal for Historical Studies , Issue II / 2016
  8. ↑ a b BAG, judgment of May 19, 1971, Az .: 5 AZR 21/71
  9. ↑ Bund-Verlag, Die Quelle , Volumes 23-24, 1972, p. 173
  10. ^ Günter Struckmann, treatises from the industrial seminar at the University of Cologne , issue 12, 1960, p. 150
  11. ↑ GBl. II, 1967, p. 237
  12. ^ Socialist Finance, Volume 25, Issues 13–22, 1971, p. 50
  13. ^ BAG, judgment of March 15, 2011, Az .: 9 AZR 799/09
  14. ↑ cf. BAG, judgment of November 5, 2002, Az .: 9 AZR 470/01 - on BI 1 of the reasons, AP TVG § 1 collective agreements: Chemistry No. 15 = EzA TVG § 4 Chemical Industry No. 4
  15. ↑ Klaus Hümmerich (Ed.), Arbeitsrecht , Volume 1, 2008, p. 2491
  16. ^ Entry in Johann Andreas Schmeller / Georg Carl Frommann, Bavarian Dictionary . 2., with the author. Addenda possible issue / edit. by G. Karl Fromann, vol .: 2, containing part III. and IV. of the first edition, Munich, 1877. Sp. 475. ( digitized version )