working day

A working day is generally any day that is not a Sunday or a public holiday . However, there are laws that do not include Saturday as a working day.

General

The working day is a day on which, in contrast to Sundays and public holidays, people usually work. The silent days (e.g. Christmas Eve ) are also basically working days, although certain legal restrictions must be observed on these days. The term “working day” is often confused with the working day . Most employees now work Monday through Friday and therefore assume that the Saturday that they are not working on is not a working day. Whether this is the case, however, depends on the specific subject . Laws and jurisprudence use both the terms "working day" and "working day" when it comes to making declarations of intent (such as termination ), calculating deadlines ( due dates ) or dates ( delivery ), providing services ( payments ), vacation ( also to calculate educational leave , special leave , additional leave ), to indicate travel times on timetables or to limit the temporal scope of traffic signs or parking meters . However, laws do not use both terms uniformly, inconsistently and often without defining them, so that this too can lead to confusion. In general, Saturday is a working day, but today it is usually no longer a working day.

Legal issues

Both working day and working day are legal terms that appear in different areas of law . The definition of the working day has a legal effect on shop closing and opening times , the determination of vacation entitlements, payment transactions , parking regulations , truck driving bans , permitted noise emissions and the like, as well as on permitted school days - i.e. days on which lessons can take place.

Deadline calculations

The central regulation for calculating the deadline is § 193 BGB . If the last day of a period or time limit falls on a Saturday, Sunday or public holiday, the next working day takes the place of such a day as the deadline. This also applies to civil proceedings in accordance with Section 222 (2) ZPO . However, the term “working day” is not defined here. In the case of notice periods ( e.g. from Section 580a Paragraph 1 No. 3 BGB, also when the employment relationship is terminated by giving notice ), it should be noted that Section 193 BGB is neither directly nor correspondingly applicable, so that notice periods for the protection of the terminated person are available to them in full .

working time

The Working Hours Act (ArbZG) stipulates in Section 3 ArbZG that the working hours of employees may not exceed eight hours, with an extension of up to ten hours being possible. The working day is not defined here either; However, from § 10 ArbZG it follows that Saturday is regarded as a working day.

Construction

The contractor for construction work must submit the final invoice within 12 working days in accordance with Section 14 (3) VOB / B ; Saturday is also a working day here. Insofar as contractual deadlines for construction work are based on working days, Saturday counts in cases of doubt ( Section 11 Paragraph 3 VOB / B).

Timetables

In timetables , a ⚒ ( mallet and iron ) is often used to symbolize or abbreviated as “W” that a means of transport only runs on working days. This includes Saturday. This is also noted for means of transport that do not run on Saturdays (“zusätzlich except Sa” or “W (Sa)”). In Switzerland and Austria, the working days are marked equally on timetables, the restriction to the weekdays Monday to Friday is generally marked with the symbol Ⓐ, in Germany it is abbreviated as "Mon-Fri". Trains marked in this way also run if, say, a Thursday falls on a public holiday; but not those marked with "⚒ except Sa".

Closing time

The closing time on working days was first regulated by law in July 1900 in the trade regulations (GewO). § 139e GewO a. F. had a general store closing time from 9:00 p.m. to 5:00 a.m. on weekdays. Laws and ordinances made an earlier closing time for Saturdays as binding after 1948. In November 1956, a federal law ( Shop Closing Act , LadSchlG) restricted shop opening Monday to Friday from 7:00 a.m. to 6:30 p.m. and on Saturdays until 2:00 p.m. In October 1989 the first service evening took place on Thursdays until 8:30 p.m. ( Long Thursday ). Since September 2006, the legislative competence for shop closing has rests exclusively with the federal states, of which all states except Bavaria have made use of their own shop closing laws.

The Shop Closing Act (LadSchlG) speaks of working days and means Sundays and public holidays when the shop closes in § 3 LadSchlG, so Saturday is a working day. On working days during the general shop closing times (§ 3 LadSchlG) and on Sundays and public holidays, only the delivery of medicines, nursing care products, baby care products and baby food, hygienic items and disinfectants is permitted ( § 4 Paragraph 1 LadSchlG). In Baden-Württemberg , the shop closing times on working days have been completely eliminated since March 6, 2007. The shop can be opened all day here.

Tenancy law

The rent is to be paid according to § 556b Abs. 1 BGB at the beginning, at the latest by the third working day of a month. The Federal Court of Justice (BGH) decided in July 2010 that Saturday should not be regarded as a working day when calculating the payment deadline for paying the rent, but that it is when calculating the notice period in accordance with Section 573c BGB. He has thus adjusted the payment deadline to the bank working days , because rent payments are usually made cashless (to a bank account), which is not possible on Saturdays, while letters of termination are also sent by post on Saturdays. The court found that Saturday is a working day in common parlance. Even within tenancy law, there is no uniform regulation for the working day.

Social law

With regard to child and youth welfare, according to Book 8 of the Social Code (SGB VIII), working days in accordance with Section 7 SGB VIII are Monday to Friday in this area of social law ; Public holidays are also excluded here.

vacation

The Federal Holiday Act (BUrlG) defines working days as all calendar days that are not Sundays or public holidays ( Section 3 BUrlG), so that Saturday is a working day and counts as a holiday day. In employment contracts, when specifying vacation entitlement, there is often confusion when using the terms working day and working day. According to Section 3 (1) BUrlG, the statutory minimum vacation is 24 working days. However, the statutory minimum vacation is based on a 6-day week. If the weekly working time is distributed differently, the entitlement must be converted to the rate of three . In the case of a 5-day week, the statutory vacation entitlement is therefore equivalent to working days. In all cases it corresponds to four working weeks. ${\ displaystyle {\ frac {\ text {24}} {\ text {6}}} \ cdot 5 = 20}$

However, when operating regularly on Sundays and public holidays are Sundays and public holidays on which work requirement is to be regarded as working days in determining the individual holiday crowd. Vacation regulations in collective bargaining agreements usually do not include working days as vacation days like the BUrlG, but the vacation days are offset against the working days . Working days by collective agreements all calendar days on which the employee schedule or customary procedure has to work or should work, except for the incident on working days public holidays for which no compensatory leave is granted. As a result , Saturday does not count as a vacation day in those industries where no work is done on Saturday. On the other hand, in Section 6 (3) TVöD Hospital, Saturday is a working day in terms of the collective agreement. 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”.

Traffic law

Additional sign 1042-31 - "weekdays 6pm - 7pm"

Limited to working days

In road traffic, when interpreting the regulatory content of the additional symbol “workdays”, it is often unclear whether Saturday is a working day or not. Even if Saturday is increasingly no longer a working day, it is still considered a working day under traffic law. The Hamm Higher Regional Court decided in March 2001 that the term should not be equated with “working day”, but rather as the opposite of the term “Sunday and public holiday”; Saturday is still a working day in “common usage” today. An additional symbol, such as “Mo. – Fr.”, Is used for clarification. This must also be taken into account with parking meters , for which Saturday is also a working day.

Payment services

For confusion, the BGB also mentions the business day in payment services law . Business day, every day at which the to the execution of a payment transaction involved payment service required for the execution of payment transactions business runs ( § 675n para. 1 BGB). In this respect, the business day is identical to the bank working day . Accordingly, Saturday is not a business day in the context of payment services law. If the receipt of a payment order does not fall on a business day of the payer's payment service provider , the following business day is the time of receipt for the purposes of Section 675s (1) BGB. The bill of exchange law requires in Art. 38 Para. 1 WG that the bill holder must present the bill for payment on the day of payment or on one of the two following working days.

International

The definition of the working day is also different in Austria . In the traffic law Saturday belongs to the Consumer Protection Act and Pension Act does not. In Austrian administrative law: "A working day is to be understood as any day that is not a Sunday or a public holiday". In Switzerland , Monday to Saturday are working days. A working day or working day is used to classify a weekday as a working day or a non-working day. In the business world, dates and deadlines are often given in working days, as only these are worked on.

In France , working days ( French jour ouvrable ) correspond to Monday to Saturday, but working days ( French journée de travail ) are usually only Monday to Friday. In English law, Saturday is not a working day ( English workday understood). Unlike in Germany, public holidays in England that fall on a weekend are moved to the next working day. There is no such thing as a work day as a public holiday in England, there is only one May day as ( English May Day ) and correctly as ( English Spring bank holiday on the first Monday in May ), but only on May 1st as a public holiday if this falls on an otherwise working Monday.

The type of working days depends heavily on the cultural area . In Islamic countries, Saturday and Sunday are mostly working days, the Friday prayer (Arabic salāt al-dschumʿa ) usually does not make Friday a day of rest , because work often only rests during prayer time . The Koran allows for employment after Friday prayers. 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 not working days in Israel either.

Web links

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

Individual evidence

^ BGH, judgment of February 17, 2005, Az .: III ZR 172/04
↑ BGH, judgment of September 25, 1978, Az .: VII ZR 263/77
↑ BGH, judgment of July 13, 2010, Az .: VIII ZR 129/09 - Rn. 42 ff.
↑ Otto Palandt / Jürgen Ellenberger, BGB Commentary , 73rd edition, 2014, § 193 Rn. 4th
↑ BGH, press release No. 144/10 of July 13, 2010
^ BAG, judgment of. August 11, 1998, Az .: 9 AZR 111/97
↑ BAG, judgment of September 20, 2017, Az .: 6 AZR 143/16
^ BAG, judgment of March 15, 2011, Az .: 9 AZR 799/09
↑ 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
^ Alpmann Brockhaus, Fachlexikon Recht , 2005, p. 1557
^ Higher Regional Court Hamm, decision of March 7, 2001, Az .: 2 Ss OWi 127/01
↑ AG Rosenheim on the regulation of § 193 BGB (AG Rosenheim, Az .: 2 OWiG 460 JS 34149/95, DAR'96, 70) , accessed on June 18, 2015
↑ Administrative Court (VwGH), judgment of February 25, 2005, Az .: 2004/02/0378
↑ Céline Kammerer / Nadja Roß-Kirsch, Labor Law in France , 2017, p. 134
↑ Quran, Suras 62: 9-10

[1] BGH, judgment of February 17, 2005, Az .: III ZR 172/04

[2] BGH, judgment of September 25, 1978, Az .: VII ZR 263/77

[3] BGH, judgment of July 13, 2010, Az .: VIII ZR 129/09 - Rn. 42 ff.

[4] Otto Palandt / Jürgen Ellenberger, BGB Commentary , 73rd edition, 2014, § 193 Rn. 4th

[5] BGH, press release No. 144/10 of July 13, 2010

[6] BAG, judgment of. August 11, 1998, Az .: 9 AZR 111/97

[7] BAG, judgment of September 20, 2017, Az .: 6 AZR 143/16

[8] BAG, judgment of March 15, 2011, Az .: 9 AZR 799/09

[9] . 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

[10] Alpmann Brockhaus, Fachlexikon Recht , 2005, p. 1557

[11] Higher Regional Court Hamm, decision of March 7, 2001, Az .: 2 Ss OWi 127/01

[12] AG Rosenheim on the regulation of § 193 BGB (AG Rosenheim, Az .: 2 OWiG 460 JS 34149/95, DAR'96, 70) , accessed on June 18, 2015

[13] Administrative Court (VwGH), judgment of February 25, 2005, Az .: 2004/02/0378

[14] Céline Kammerer / Nadja Roß-Kirsch, Labor Law in France , 2017, p. 134

[15] Quran, Suras 62: 9-10