Deutscher Gewerkschaftsbund

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Regarding bank holiday

I study at FU and started working part-time with Uniqlo for 16 hours (Friday & Saturday- 8 hours each). Until now, I was getting paid for the bank holidays that used to come during the week. For example: On Women's Day (March 8, Tuesday), I was paid for 3.25 hours, and rest on Friday & Saturday, I was given reduced hours (12.75 hours). But, now all of sudden the company has denied paying me for bank holidays. In the month of April, they paid me for Good Friday but for the next week, that is, Easter Monday they denied me outrightly saying that you will not be paid due to your non-availability. This means that you do not work on Monday so you will not be paid. I am just surprised at how come they can change a law just in a week. I just want to know whether a student is paid on bank holidays or not? If yes, what can I possibly do? So, I have a working contract of 20 hours. I have chosen to work for 16 hours. The copy of the contract that the company has only 16 hours written. Can such a discrepancy on the hand of HR lead me into trouble?

Nitisha M: 19.04.2022 |
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  • RE: Regarding bank holiday

    Hello,

    thanks for your question.

    I try to explain it in the best way possible.

    So in general you are only entitled to continued payment of wages on public holidays if there is a loss of working hours due to the public holiday.

    You are entitled to continued payment of wages if you usually work on the day of the week on which the holiday falls. The holiday must be the sole cause of the loss of work and thus of the loss of pay.

    If you work part-time or on call with flexible working days, you may come away empty-handed in individual cases if the reason for the loss of working hours is not due to a public holiday or if there is no loss of working hours in the first place. Unfortunately, part-time employees are not paid for holidays on a pro-rata basis unless this is explicitly agreed in the contract. So you should definitely check your contract again, maybe there is some kind of clause included.

    According to your second question:

    In principle, you are obliged to fulfill the contractually agreed obligations. However, if there is another agreement that you only have to work 16 hours a week, that should be fine. You can always ask for a written definition of your working conditions, after all, an employment contract is already valid verbally.

    If you have further questions, you can get personal advice in one of our bureaus near you or you can write us again. Best wishes
    Cecilia
    DGB Jugend students counseling 

    This is a service of your tradeunion, please recommend us and join us on Facebook! By the way: Solidarity rules – join us!

    dgb-jugend: 10.05.2022


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