Apply for an exemption from the ban on working on Sundays and public holidays
As an employer, you can apply for an exemption from working on Sundays or public holidays:
- if you need to employ workers to meet the daily or special needs of the population.
- Special needs exist when goods or services are perceived as important on a daily basis by a significant part of the population. In addition, the absence must be perceived as a defect.
- Desirablegoods and services are not sufficient to grant an exemption.
You can also apply for an exemption if an interruption or postponement of work:
- is not possible.
- is only possible with considerable difficulty.
- there are particular dangers to the life or health of employees.
- leads to significant burdens on the environment, energy or water supply.
- secures employment.
- protects the common good.
Process flow
You can apply for an exemption for work on Sundays and public holidays in writing or online.
If you want to apply in writing for the exemption for work on Sundays and public holidays:
- Fill out the relevant application form completely.
- Send this to the local competent authority, including the documents listed in the application.
- If the required documents or information for processing are incomplete, you will be contacted by the clerk.
- If the requirements for approval are met, you will receive a notice of approval, otherwise a rejection notice.
- The local authority will send you the notification by e-mail or by post.
- The fee notice will usually be sent to you later.
If you wish to apply for the exemption for work on Sundays and public holidays online, the following steps must be followed:
- Calling up the online service
- Fill in the fields of the online service completely and send it to the local competent authority for occupational health and safety, including the documents and evidence listed in the application.
- If the necessary documents or information for processing are incomplete, you will be contacted by the administrative department.
- The local competent authority examines the application.
- If the requirements for approval are met, you will receive a notice of approval, otherwise a rejection notice.
- The notification will be sent to you by e-mail or by post.
- The fee notice will usually be sent to you later.
Requirements
You can only apply for permission to work on Sundays and public holidays if you are the employer.
Which documents are required?
Statement of the works council (if works council exists)
What are the fees?
Since the fees are charged depending on the effort, please inquire about any processing fees incurred at the supervisory authority responsible for your federal state.
The exact costs will be determined after the approval.
What deadlines do I have to pay attention to?
Deadline type: Fiction of approval
No deadline
Processing duration
The processing time depends on the workload.
Legal basis
Section 13 (1) No. 2 of the Working Hours Act (ArbZG)
https://www.gesetze-im-internet.de/arbzg/__13.html
§ 13 paragraph 2 (ArbZG)
Appeal
- Contradiction
- An unsuccessful opposition procedure is subject to a fee.
What else should I know?
None
Author
The text was automatically translated based on the German content.
