Apply for an exemption from the ban on working on Sundays and public holidays
As an employer, you need a permit from the local authority for occupational health and safety if you want to work on a Sunday or public holiday. You can apply for a permit to work on Sundays or public holidays for:
- the implementation of in-house and order fairs for commercial resellers.
- the prevention of disproportionate damage in a company due to special circumstances, such as a very high level of sick leave or delayed delivery of materials.
- the inventory required by law, if it cannot be carried out on a weekday.
If there are other reasons, these will also be examined and, if necessary, work on Sundays or public holidays will be approved.
Excluded from the general ban on work on Sundays and public holidays are activities that serve to satisfy the particularly prominent needs of the population, such as:
- services of general interest (e.g. in the care of the sick or the care of animals),
- services (e.g. in restaurants or taxi companies) as well as
- Leisure activities (e.g. in theatres, football or leisure facilities)
- Use in emergencies and exceptional cases (work that cannot be postponed, such as repairs in the event of burst pipes or storm damage to roofs).
Maximum limits apply to certain exceptions.
In Lower Saxony, you also need a permit to compensate for unreasonable foreign competition through Sunday/holiday employment.
Process flow
You can apply for a permit for work on Sundays and public holidays at your local authority for occupational health and safety. The following steps are necessary for this:
- You submit an application to the competent authority and submit all other necessary documents.
- If the required documents or information for processing are incomplete, you will be contacted by the processing department.
- If the requirements for approval are met, you will receive a notice of approval, otherwise a rejection notice.
Notices pursuant to § 13 (5) ArbZG [impairment by unreasonable foreign competition] will also be sent in advance by e-mail, the original and the cost assessment notice will be sent by post.
Who should I contact?
The responsibility lies with the State Trade Inspectorates in Lower Saxony.
For applications according to § 13 (5) ArbZG [impairment by unreasonable foreign competition] the State Trade Supervisory Office Osnabrück is responsible.
Areas of responsibility of the State Trade Inspectorates in Lower Saxony
Requirements
- You are an employer.
- You have admissible reasons for your application for approval.
Which documents are required?
- Please prepare the application documents for permits according to §13 (5) ArbZG [impairment by unreasonable foreign competition] taking into account the catalogue of criteria for the application according to § 13 Abs. 5 Arbeitszeitgesetz (ArbZG).
Catalogue of criteria for the application according to § 13 Abs. 5 Arbeitszeitgesetz ArbZG)
Application form Granting of exemptions for work on Sundays and public holidays
What are the fees?
Both the granting and refusal of the approval of the exemption from the prohibition of work on Sundays and public holidays is subject to a fee. The amount of the fees is based on the fee schedule of the locally competent authority.
Fee: 200,00 - 5200,00 EURPayment in advance: NoThe amount of the fees is based on the Lower Saxony General Fee Schedule (AllGO) and depends on the number of approved Sundays/public holidays and the number of employees to be employed.
What deadlines do I have to pay attention to?
There is no deadline.
Please submit the application for permission to work on Sundays or public holidays in accordance with § 13 (5) ArbZG [impairment due to unreasonable foreign competition] 3 months before the intended first date of Sunday/holiday work.
Processing duration
The processing time for applications according to § 13 (5) ArbZG [impairment by unreasonable foreign competition] is 3 months.
Legal basis
Section 13 (3) Nos. 2a, 2b and 2c of the Working Hours Act (ArbZG)
Appeal
- Contradiction
- An appeal against the decision can be lodged with the locally competent authority for occupational safety and health within one month of notification.
- An unsuccessful opposition procedure is subject to a fee.
What else should I know?
Further information can be found on the website of the Lower Saxony Trade Inspectorate
Technically approved by
Federal Ministry of Labour and Social Affairs (BMAS)
Professionally released on
01.09.2022
Author
The text was automatically translated based on the German content.
