IS AN EMPLOYEE ENTITLED TO ATTEND FRIDAY PRAYER?
Summarized: An employer should make the attendance of Friday prayers possible for the employee as long as it possible on organizational grounds. This can be possible through the appropriate arrangements for break or the organization of working hours.
In the case that the attendance of Friday prayers isn’t already regulated by a collective agreement, company agreement or explicitly in an individual employment contract (which usually isn’t the case), it would then be regulated along the lines of the principle of mutual consideration according to Section 242 of the German Civil Code in conjunction with the employment contract. The employer principally has a right of instruction according to Section 106 of the Commercial Regulation Code over the employee, which allows the employer to decide the nature, place and time of work in accordance with reasonable discretion. The employee can, however, make a plea for their legitimate right to attend Friday prayers out of the principle of mutual consideration stemming from the fundamental right to freedom of religion according to Article 4 of the German Constitution, as long as they are able to plausibly demonstrate that they consider the Friday prayer obligatory for themselves. Therefore, the employer must enable the employee to attend Friday prayers, as far as operational concerns allow, by means of appropriate breaks or the considerate organization of work hours.