Rest day (economy)
Days of rest ( English closing day , day of rest ) are days of the week in labor law on which work is idle.
General
The day of rest is due to the Sabbath ( Hebrew שבת, ʃaˈbat , "rest day", "rest break "). According to the biblical tradition, it was God's day of rest . In six days God created all things, on the seventh day, the “first day of the week” ( Mt 28,1 EU ), he rested ( 1 Mos 2,2-3 EU ). The Christians gathered for evening meals on this first day of the week to commemorate the resurrection of their Lord ( Lk 24 : 30-43 EU ). Hence the intended person after six working days hold a day of rest on the seventh day. In 321, Emperor Constantine combined the celebration of the divine service with the day off on Sundays ; As a result, Sunday was established as a Christian day of rest towards the end of the 4th century. This tradition can still be found today in all Christian states. The International Labor Organization created the International Labor Conference , a body that in 1921 the third conference in Geneva, among others, the proposal of a weekly rest day in industrial commercial establishments accept. For the lawyers Walter Kaskel it was in 1927 a concern, the employee's employment because of food , sleep and relaxation to interrupt, so that for each working day breaks and the working week was to provide "rest days" in addition to the holidays.
Working Hours Act
The Working Hours Act (ArbZG) therefore stipulates in Section 9 (1) ArbZG that employees may not be employed on Sundays and public holidays from midnight to midnight. Employment on Sundays is only permitted in exceptional cases . In that case, however, they are entitled to a substitute rest day in accordance with Section 11 (3) sentence 1 ArbZG , which must be granted within a period of two weeks including the day of employment. If employees are employed on a public holiday that falls on a working day , they must be given a substitute rest day in accordance with Section 11 (3) sentence 2 ArbZG, which must be granted within a period of eight weeks including the day of employment.
This provision of Section 11, Paragraph 3 of the ArbZG is intended to grant the employee at least a minimum of rest, which only Sunday offers him. If the principle that a rest day follows after six working days - Sunday - is broken, the substitute rest day should compensate for this. The provision of Section 11, Paragraph 3 of the ArbZG is based on a judgment of the Federal Labor Court (BAG) in terms of occupational safety . It should allow the employee a minimum amount of relaxation and merely want to prevent an employee from having to do without a day of relaxation for a long period of time. However, if such a day off exists in the form of a Saturday off anyway , Section 11 (3) ArbZG does not entitle you to an additional day off. The substitute rest day according to Section 11 (3) sentence 2 ArbZG is not necessarily an additional paid day off. This provision is closely related to Section 11, Paragraph 3, Clause 1 of the ArbZG, according to which employees must be given a substitute rest day if they are employed on a Sunday. According to the wording of the standard, any working day can be considered as a substitute rest day, including a Saturday that is already off-work or another working day that is free according to the shift schedule. The ArbZG assumes a six-day week , even if many collective agreements provide for a five-day week. However, this does not change the fact that Saturday remains a working day and should not be regarded as a public holiday.
Rest days in everyday life
Laws or collective agreements usually do not speak of rest days, but rather of days off as opposed to working or working days . That is why the word rest day is used in everyday practice for those working days on which service companies such as the catering trade are closed because they were open on a public holiday or weekend . This includes the blue Monday of the hairdressing trade , in restaurants and in many museums . Which days of rest are closed depends on the shop opening times .
International
The type of rest days strongly depends on the culture . In Islamic countries, Saturday and Sunday are mostly working days, Friday prayer ( Arabic salāt al-dschumʿa ) does not make Friday a day of rest, because work often only rests during prayer time . The Koran allows for employment after Friday prayers. Certain Islamic holidays are days of rest in Islamic countries. In Israel , the Sabbath is not a working day, because the fourth commandment ( Hebrew מצוה, Mitzvot ) of the Torah declares the Sabbath to be a day of rest. The Jewish holidays are also legal rest days in Israel.
See also
Individual evidence
- ↑ Catholic Secret and Moral Speeches , Volumes 1-2, 1821, p. 420
- ^ Walter Kaskel, Arbeitsrecht , 1927, p. 404
- ^ Walter Kaskel, Arbeitsrecht , 1927, p. 210
- ^ BAG, judgment of April 22, 2005, Az .: 3 Sa 747/04
- ^ BAG, judgment of September 19, 2012, Az .: 5 AZR 727/11
- ↑ Quran, Suras 62: 9-10
