Laws regulating working on public holidays
September 28 is now a public holiday in Kuwait. The date, chosen by the Council of Ministers, commemorates Mouled (the birthday of the Prophet Mohammad). However, the government specified that only public institutions and ministries would be closed while other companies would remain operational. Therefore, nothing changed for expatriates working in the private sector.
When it comes to working on public holidays, each country has its own rules. Many countries have adopted the principle that employers cannot force employees to work on public holidays. Nor can they force employees to compensate for a holiday by working longer hours. For their part, employees cannot ask to be reimbursed for a holiday that falls during their vacation. These measures apply to all employees, whether local or expatriate. However, there are some exceptions.
Case studies
In Switzerland, employers can request competent authorities for an exemption under certain conditions. Some companies are allowed to make their employees work on public holidays without prior notice. August 1, the only national holiday, is a mandatory holiday for all employees. But this does not apply to other holidays, especially cantonal ones. Moreover, local and foreign workers who are paid by the hour or by the job might not be eligible for remuneration when working on public holidays.
In France, Labor Day, on May 1, is the only holiday on which most employees are not expected to work. But there's an exception for employees in essential sectors, where it is impossible to interrupt work (e.g., hospitals). In principle, workers with at least 3 months seniority can be paid on a non-working day. Exceptions are homeworkers, intermittent workers and temporary workers. Therefore, May 1 is a paid public holiday for those who have to work. What's interesting is that working on a public holiday is paid double. French law provides that an industry, collective, or company agreement determines the legal framework for public holidays other than May 1.
In Canada, any employee working "for a federally regulated employer" is entitled to one paid day off for the 10 existing statutory holidays". Again, a collective agreement may provide a more specific framework based on the employee's job. For example, an employer may substitute one holiday for another. The employee can also request this. The holiday pay is calculated precisely, depending on whether the employee works part-time, under several contracts, with or without a collective agreement, and so on.
Things expats should keep in mind when working on public holidays
Expatriates are not always aware of their rights as employees. Since they are more vulnerable, they are sometimes compelled to work on public holidays without enjoying the benefits to which they may be entitled (e.g., double remuneration). Some unscrupulous employers take advantage of expatriates' lack of knowledge to force them to work on public holidays.
That's why it's essential to inquire if you find yourself working excessive hours or outside the hours specified in your contract. The same goes for working on holidays. Make sure you're aware of the labor law in your expat country, your status as a worker, and the type of work contract you are bound by. You also need to be aware of the company's practices. Do the observed violations relate only to holidays or other areas (e.g., failure to follow break times, lunch breaks, obligation to take work home, unpaid overtime, etc.)?
When in doubt, it's best to contact legal professionals (e.g., foreign workers' associations) to assess your situation and, if necessary, defend yourself. Not working on a public holiday is a recognized right of all workers. Working on a holiday is also regulated by law.
