Even during Carnival, employers are not required to grant a day off. A bitter pill for employees, as skipping work is not permitted during Carnival either. A small consolation for everyone who has to work on Rosenmontag (Carnival Monday): there is no statutory right to be released from work on Rosenmontag or Altweiber (Women's Carnival Day) — and, incidentally, not on birthdays either. The ruling by the Bavarian Higher Administrative Court on Carnival Tuesday (Az. 17P 05-3061) is understandable, since Carnival in Bavaria is not quite as wild. But even in Carnival-mad Cologne, the labour court ruled that employees have no right to be released from work on the "tollen Tage" ("crazy days")! Our employees are fortunate: they may celebrate Carnival at length on Rosenmontag because we grant the day off — provided that everyone is back in form on Tuesday. And if not, Carnival Tuesday counts as a vacation day, which goes without saying. And what about the "tie…"? Caution is advised, however, when clients enter our office on Altweiber wearing a "tie" — and this warning applies to our female employees, not to our clients. The background: an employee at a travel agency in Essen intended to cut off a customer's tie on Altweiberfastnacht. The customer, however, did not find this amusing at all; he was evidently no Carnival enthusiast and saw no humour in it, since his tie was damaged. The judges were not amused either. The damages had to be compensated (Az. 20C 691/87).
Frequently asked questions
Frequently asked questions
Are employees entitled to time off on Rosenmontag or Altweiber?
No, under German law there is no statutory entitlement to time off on carnival days such as Rosenmontag, Altweiber or Faschingsdienstag. This applies even in carnival strongholds like Cologne, as confirmed by the local labor court. The Bavarian Higher Administrative Court (Az. 17P 05-3061) has also confirmed this for Faschingsdienstag. Employees must therefore take vacation if the employer does not grant a day off.
Is skipping work on Rosenmontag (Carnival Monday) permitted?
No, unexcused absence from work is not permitted on carnival days either and may lead to consequences under employment law, including formal warnings or termination. Anyone wishing to celebrate must either request vacation leave or hope that the employer grants time off voluntarily.
May a female employee cut off a client's tie on Weiberfastnacht (Women's Carnival Day)?
Only with the tie wearer's express consent. The Amtsgericht Essen (Az. 20C 691/87) ruled that unilaterally cutting off a tie constitutes property damage and the loss must be compensated. Carnival tradition does not justify interference with someone else's property.
Is there a statutory right to time off on your own birthday?
No, there is no statutory entitlement to a day off on your birthday. Such arrangements may only arise from collective bargaining agreements, works agreements, or the individual employment contract. Otherwise, regular vacation leave must be taken.