Ausnahme vom Verbot der Sonn- und Feiertagsarbeit beantragen

If, as an employer, you would like to work in your company or business on a Sunday or public holiday, you need a permit from the responsible regional council.

The only exceptions to the general prohibition of work on Sundays and public holidays are those activities that serve to satisfy the daily needs of the population or those that are particularly prominent on Sundays and public holidays, 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) and
• leisure activities (e.g. in theatres, football or leisure facilities),
• Use in emergencies and exceptional cases.

Otherwise, as an employer, you will need a permit if your company or company is to work on a Sunday or public holiday.

You can apply for a permit in the following constellations:

• in the commercial sector, on up to ten Sundays and public holidays per year on which special circumstances make extended business transactions necessary (e.g. the holding of in-house and order fairs for commercial resellers)
• on up to five Sundays and public holidays per year, if special circumstances require this to prevent disproportionate damage (e.g. very high sick leave, delayed delivery of materials)
• on one Sunday a year to carry out a legally required inventory.

If there are other reasons, these will also be examined and a decision will be made on the application for Sunday or holiday work.

You are not entitled to an exemption. The decision of the Regional Council is made at its dutiful discretion. In the context of this decision, a balance is struck between the interests of protecting the safety and health of employees, the protection of Sundays and public holidays and the employer's operational interests.

You can find out which documents are required in your case on the application form of the local authority.

You can only apply for a permit to work on Sundays and public holidays if you are an employer.

The permit can be granted:

• on ten Sundays or public holidays per year in the commercial sector: if special circumstances make extended business transactions necessary (e.g. for in-house and order fairs that are organised exclusively for commercial resellers)
• on five Sundays a year in a company: if special circumstances arise that cause disproportionate damage (e.g. if an unexpectedly large number of employees fall ill at the same time or material is delivered late)
• on one Sunday a year: if the legally required inventory is to be carried out and cannot be carried out on a working day

The amount of the fees to be determined is set out in the list of administrative costs for the Administrative Costs Ordinance for the Division of the Hessian Ministry of Social Affairs and Integration (VwKostO-HMSI).

• You submit an application to the responsible regional council and submit the required documents
• the documents will be checked for completeness and conclusiveness and, if necessary, additional documents will be requested
• If all requirements are met, you will receive a corresponding notification of approval
• If not all requirements are met, you will receive a rejection notice

Depending on the amount of time spent on the examination and the timely submission of the complete documents.

There is no legal deadline for submitting the application.

However, the application should be made in good time, before the intended date of Sunday or holiday work.

To simplify communication and speed up the process, you should designate a contact person in your company and provide their contact details when submitting the application.

The decision can be appealed to the Administrative Court. Further details can be found in the notification of your application for a derogation from the regulations on rest periods.

• Application for exemptions from the ban on working on Sundays and public holidays
  • commercial activity, if special circumstances necessitate extended business transactions,
  • the existence of special circumstances that cause disproportionate damage to a business,
  • mandatory inventory, if it cannot be carried out on a weekday
• Only the employer can submit the application
• Responsible: Regional Councils

Responsibility lies with the regional councils.

• Please obtain the application form from the local authority
• Online procedure possible: no
• Written form required: yes
• Personal appearance required: no