Working days are all days on which work is required under an employment contract – typically Monday to Friday, excluding public holidays. To calculate working days between two dates, count all weekdays (Monday to Friday) within the period and subtract any public holidays falling within it. Important: the number of public holidays varies considerably by German federal state and directly affects the calculation.
What Are Working Days? Key Terms Explained
A working day is any day on which an employment contract requires work to be performed. In most German companies, this means Monday to Friday. The exact definition is determined by the individual employment contract, an applicable collective bargaining agreement, or a works agreement – not automatically by statute.
For HR professionals, correctly distinguishing between different day definitions is essential, as different laws and contractual clauses refer to different terms.
Working Day, Weekday, Business Day and Calendar Day Compared
Important note: The Federal Leave Act (BUrlG) defines the statutory minimum leave entitlement in weekdays (24 Werktage), not working days. In a standard 5-day working week, this corresponds to 20 working days. This distinction frequently causes confusion in practice.
How to Calculate Working Days
The Formula: Step by Step
Calculating working days follows a clear principle:
Formula:
Working days = Weekdays (Mon–Fri) in the period – Public holidays falling on weekdays (Mon–Fri)
Step-by-step guide:
- Determine the start and end date of the period.
- Count all weekdays (Monday to Friday) within that period.
- Identify all public holidays falling within the period.
- Check whether each public holiday falls on a weekday (Mon–Fri) – only then does it reduce the working day count.
- Subtract the number of public holidays that fall on weekdays.
Example: Calculating working days from 1 to 31 January 2025 in Bavaria.
- Weekdays (Mon–Fri) in January 2025: 23
- Public holidays on weekdays: New Year's Day (1 January, Wednesday) = 1 holiday
- Result: 22 working days (in Bavaria)
Accounting for Public Holidays
Public holidays falling on a Monday to Friday reduce the number of working days. If a public holiday falls on a weekend, it generally has no effect on working days – unless a collective agreement or employment contract provides for a substitute day off.
Under § 193 of the German Civil Code (BGB), if a deadline falls on a Sunday, a public holiday, or a Saturday, it is automatically extended to the next working day. This rule is highly relevant for HR professionals dealing with notice periods, appeal deadlines, and other legal time limits.
Public Holidays by Federal State
Germany has 9 nationwide public holidays plus up to 4 additional state-specific holidays. When calculating working days, the federal state of the workplace must always be taken into account.
Note: The exact list varies year by year and by federal state. Always consult the current public holiday legislation of the relevant state ministry for binding information.
Working Days in HR Practice
Calculating Annual Leave Entitlement
Under § 3 of the Federal Leave Act (BUrlG), the statutory minimum leave entitlement is 24 weekdays per year based on a 6-day working week. In a standard 5-day working week (the norm in Germany), this equals 20 working days.
For part-time employees or irregular working patterns, the following formula applies:
Leave entitlement (working days) = (Working days per week × 20) ÷ 5
Example: An employee works 3 days per week.
- Leave entitlement: (3 × 20) ÷ 5 = 12 working days
If an employee joins or leaves mid-year, the full annual entitlement accrues only after 6 months of employment (§ 4 BUrlG). Before that, a pro-rated entitlement of 1/12 per full calendar month of employment applies.
Notice Periods and Other Legal Deadlines
Notice periods in German employment contracts and under §§ 622 ff. BGB are typically stated in calendar months, not working days. Nevertheless, working days are relevant when calculating the precise end of a notice period:
- A notice of termination must reach the employee no later than the last day of the notice period.
- If the period end falls on a Sunday, public holiday, or Saturday, the deadline shifts to the next working day under § 193 BGB.
- Warning letter deadlines and objection periods (e.g., against severance offers) follow the same rules.
HR tip: Always document proof of delivery in writing (e.g., by registered post or signed receipt) and check for each deadline whether a public holiday or weekend extends it.
Probationary Period and Fixed-Term Contracts
The probationary period is generally a maximum of 6 months (§ 622 para. 3 BGB). During probation, a 2-week notice period applies – the end date is calculated in calendar days, not working days. However, § 193 BGB still applies to the precise deadline end.
For fixed-term contracts, employment ends automatically on the agreed date – public holidays do not generally affect the contract end date.
Frequently Asked Questions About Working Days
What is the difference between a working day and a weekday?
A working day (Arbeitstag) is the contractually agreed workday – in most companies, Monday to Friday. A weekday (Werktag) covers all days except Sundays and public holidays, meaning Monday to Saturday. Laws such as the Federal Leave Act use the term "weekday", which is why the statutory minimum leave entitlement is 24 weekdays – equivalent to 20 working days in a 5-day working week.
Does Saturday count as a working day?
In most employment relationships, no: the standard in Germany is the 5-day working week (Monday to Friday). In certain sectors – such as retail, hospitality, or healthcare – Saturday may be contractually agreed as a working day. However, for the purposes of the BGB (deadline calculation), Saturday is treated as a weekday, not a working day.
How many working days are there in a year?
A year typically contains approximately 250 to 253 weekdays (Monday to Friday), depending on how weekdays are distributed across the calendar year. After deducting public holidays – between 9 and 13 depending on the federal state – Germany averages 228 to 242 working days per year. Bavaria and Saxony have the fewest working days due to the highest number of public holidays; northern states such as Hamburg or Bremen have comparatively more.
How do I calculate working days between two dates?
Follow these steps: (1) Count all weekdays (Mon–Fri) in the period. (2) Identify public holidays falling within the period that land on a weekday. (3) Subtract those holidays. The result is the net number of working days in the period. For complex calculations involving multiple federal states, HR tools or spreadsheet formulas are recommended (e.g., NETWORKDAYS in Excel or Google Sheets).
How do I calculate annual leave entitlement in working days?
The statutory minimum leave is 20 working days in a 5-day working week (derived from 24 weekdays under § 3 BUrlG). For non-standard weekly schedules, the formula is: entitlement = (working days per week × 20) ÷ 5. For employees joining mid-year, one twelfth of the annual entitlement accrues per full calendar month of employment (§ 5 BUrlG).
Do public holidays count as working days for notice period calculations?
No. Public holidays falling on the last day of a notice period automatically extend the deadline to the next working day – as stipulated in § 193 BGB. This applies to notice periods, warning letter deadlines, and other legal time limits. HR professionals should always verify whether a calculated deadline falls on a public holiday, Saturday, or Sunday.
Are there state-specific differences in working day calculations?
Yes, and they are significant. Germany has 9 nationwide public holidays. Each federal state may additionally establish its own holidays by state law – ranging from one extra day (e.g., International Women's Day in Berlin) to four additional days (e.g., Bavaria). For calculation purposes, the federal state of the workplace always applies, not the employee's place of residence.
Conclusion
Correctly calculating working days is an everyday yet legally relevant task in HR management. The basic formula – weekdays minus public holidays falling on weekdays – is straightforward, but requires care: state-specific public holidays, the precise distinction between working days and weekdays, and the BGB rules on deadline extensions are what separate an accurate calculation from an error-prone one.
HR professionals are advised to maintain clear internal documentation specifying which day definition applies to which process – and to carry out an annual review against the current public holiday calendar for the relevant federal state.
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Sources
- Working Hours Act (Arbeitszeitgesetz – ArbZG). Federal Ministry of Justice, last amended 2024. https://www.gesetze-im-internet.de/arbzg/
- Federal Leave Act (Bundesurlaubsgesetz – BUrlG), in particular §§ 3–5. Federal Ministry of Justice. https://www.gesetze-im-internet.de/burlg/
- German Civil Code (Bürgerliches Gesetzbuch – BGB), §§ 187–193 (deadline calculation), § 622 (notice periods). Federal Ministry of Justice. https://www.gesetze-im-internet.de/bgb/
- Public Holiday Acts of the Federal States. Respective state ministries (current). Available via the official state portals.
- Federal Statistical Office (Destatis): Working days and public holidays in Germany. https://www.destatis.de
- Federal Institute for Occupational Safety and Health (BAuA): Working Time Report Germany. https://www.baua.de
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