When an employee works remotely from a different country than the employer’s headquarters, the question of which public holiday calendar applies is one of the most complex compliance challenges in modern employment. The answer depends on local employment law, the employee’s work location, and how the employment relationship is structured.
This guide explains which country’s public holiday calendar applies to remote employees, covers the compliance considerations for employers, and provides practical guidance for managing cross-border remote teams.
This article is general information, not legal advice.
Key Takeaways
- The employee’s physical work location determines which public holidays apply
- Local employment law governs holiday entitlement — not the employer’s country
- Employers must comply with the remote employee’s local holiday calendar
- Failure to observe local holidays can create legal liability
- Use country-specific calendars for each remote employee
Which Calendar Applies?
The Work Location Rule
In most countries, the public holiday calendar that applies is determined by where the employee physically works. This means:
- An employee working remotely from Germany receives German public holidays, even if the employer is based in the UK
- An employee working remotely from Australia receives Australian public holidays, even if the employer is based in the US
- An employee working remotely from India receives Indian public holidays, even if the employer is based in Singapore
Why the Work Location Matters
Employment law — including public holiday entitlements — is determined by the jurisdiction where the work is performed. This is a fundamental principle of international employment law.
Exceptions
Some employment structures modify this rule:
| Structure | Which Calendar? |
|---|---|
| Direct employment (remote from another country) | Remote employee’s country |
| Employer of Record (EOR) | EOR country (where the EOR is registered) |
| Independent contractor | Contractual (but local law may override) |
| Posted worker | Host country (for the duration of posting) |
Country-Specific Considerations
Remote from a Different State/Region
If an employee works remotely from a different state or region within the same country:
- The state/region’s calendar applies (not the employer’s location)
- Example: An employee in Scotland working for an English company receives Scottish bank holidays
Remote from a Different Country
If an employee works remotely from a different country:
- The remote employee’s country’s calendar applies
- The employer must comply with local employment law
- This includes public holidays, annual leave, and other statutory entitlements
Digital Nomads
Digital nomads present a unique challenge:
- If they work from a country for an extended period, local employment law may apply
- Short-term stays (tourism) typically don’t trigger local employment obligations
- The duration of stay and the nature of the work determine whether local law applies
Employer Obligations
1. Identify the Applicable Calendar
For each remote employee, determine:
- Where they physically work
- Which country’s employment law applies
- Which public holiday calendar governs their entitlement
2. Apply the Correct Calendar
Set up separate calendars for each country and apply the correct one to each remote employee. Do not apply the employer’s calendar to remote employees in different countries.
3. Comply with Local Law
Local employment law may require:
- Paid days off on public holidays
- Premium pay for work on public holidays
- Substitute holidays when public holidays fall on weekends
- Specific notice requirements for holiday schedules
4. Communicate Clearly
Share the relevant holiday calendar with each remote employee at the start of the year. Ensure they know which days are public holidays in their location.
Common Scenarios
Scenario 1: US Company, UK Remote Employee
- Employee works remotely from London
- UK bank holidays apply (not US federal holidays)
- Employee receives 8 UK bank holidays per year
- Employer must comply with UK employment law
Scenario 2: UK Company, Australian Remote Employee
- Employee works remotely from Melbourne
- Australian public holidays apply (not UK bank holidays)
- Employee receives national + Victorian public holidays
- Employer must comply with Australian employment law
Scenario 3: Singapore Company, Indian Remote Employee
- Employee works remotely from Mumbai
- Indian public holidays apply (not Singapore holidays)
- Employee receives national + state-specific holidays
- Employer must comply with Indian employment law
Scenario 4: German Company, French Remote Employee
- Employee works remotely from Paris
- French public holidays apply (not German holidays)
- Employee receives 11 French public holidays
- If in Alsace-Moselle, 13 holidays apply
- Employer must comply with French employment law
Common Mistakes
Applying the Employer’s Calendar to Remote Employees
The most common error. An employer in the UK applying the UK calendar to an employee in Australia misses Australian public holidays and over-applies UK ones.
Ignoring Local Employment Law
Remote employees are entitled to local statutory holidays. Failing to observe them creates legal liability.
Using a Single “Global” Calendar
There is no single global calendar. Each country (and sometimes each region) has its own holidays. Use country-specific calendars.
Not Tracking Work Locations
If employees move between countries, track their work location and update the applicable calendar accordingly.
Frequently Asked Questions
Which country’s holidays does a remote employee get?
The country where the employee physically works. If they work remotely from Germany, they receive German public holidays regardless of where the employer is based.
Can an employer offer fewer holidays than the local law requires?
No. The employer must comply with local employment law, which sets the minimum holiday entitlement. The employer can offer more, but not fewer.
What if the employee travels while working remotely?
If the employee works from a different country for an extended period, local employment law may apply. Short-term stays (tourism) typically don’t trigger local obligations.
Does the employer need a legal entity in the remote employee’s country?
Not necessarily. An Employer of Record (EOR) can employ the worker locally, handling compliance with local employment law including public holidays.
How do I handle public holidays across a distributed team?
Set up country-specific calendars for each location. Apply the correct calendar based on the employee’s work location. Use HR software that supports multi-country holiday management.