The Federal Labor Court

Monday: Regular work exemption subject to is not the operational exercise Monday: regular work exemption subject to is not going to the operational practice of case: in recent years, an employer on Christmas Eve, new year’s Eve and Carnival Monday issued his workers regularly brought forward. Work relief was always connected with the note that the regulation applies only to that particular year. In 1992, the parade because of the so-called Gulf war failed. The employer therefore saw off a work exemption for the Monday and also for Christmas Eve and new year’s Eve. A worker thought this was not justified. He held that compensation for the lost vacation days is entitled to him. He have must rely on the long-standing practice of the liberation of the work on the said days. This has now also part of the contract. The decision of the Federal Labor Court: The Federal Labor Court ruled that the employee not a claim on future exemption still on Court denied an operational exercise for the reasons given in the decided case. Employers have shown here recognizable for the workers, that the work exemption will apply only for the year in question. The workers have may therefore not assume, that a work exemption would be on these days at the new every year, but that the employer would make a new decision on the exemption rather annual.