Erteilung einer Ausnahme vom Verbot der Sonn- und Feiertagsarbeit beantragen

§ Section 13 (1) no. 2 Working Hours Act (ArbZG)

https://www.gesetze-im-internet.de/arbzg/__13.html

§ Section 13 (2) (ArbZG)

https://www.gesetze-im-internet.de/arbzg/__13.html

If, as an employer, you have to let employees work in your company or business on a Sunday or public holiday for special reasons, you can be granted an exception.

As an employer, you can apply for an exemption from working on Sundays or public holidays:

• if you need to employ workers to meet daily or special needs of the population.
• Special needs exist if goods or services are perceived as important on a daily basis by a significant proportion of the population. In addition, the absence must be perceived as a shortage.
• Wesirable goods and services are not sufficient for an exemption to be granted.

You can also apply for an exemption if work is interrupted or postponed:

• is not possible.
• is only possible with considerable difficulty.
• pose a particular risk to the life or health of employees.
• leads to considerable burdens on the environment, energy or water supply.
• secures employment.
• protects the common good.

Statement of the works council (if works council exists)

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

As the fees are charged according to the work involved, please enquire about the processing fees incurred at the supervisory authority responsible for your federal state.

The exact costs will be determined after approval has been granted.

You can apply for an exception for working on Sundays and public holidays in writing or online.

If you wish to apply for an exemption for working on Sundays and public holidays in writing:

• Complete the relevant application form in full.
• Send it to the local competent authority, including the documents listed in the application.
• If the documents or information required 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 notice of rejection.
• The locally responsible authority will send you the notification by e-mail or post.
• The notification of fees will usually be sent to you later.

If you would like to apply online for an exemption for working on Sundays and public holidays, you must complete the following steps:

• Access the online service
• Complete the fields of the online service in full and send it to the local authority responsible for occupational health and safety,including the documents and evidence listed in the application.
• If the documents or information required for processing are incomplete, you will be contacted by the processing department.
• Dhe local competent authority will check the application.
• If the requirements for approval are met, you will receive a notice of approval, otherwise a notice of rejection.
• The decision will be sent to you by e-mail or by post.
• The notification of fees will usually be sent to you later.

The processing time depends on the workload.

Type of deadline: Fictitious approval

No deadline

None

• Appeal
• An unsuccessful appeal procedure is subject to a fee.

• Sunday and public holiday exceptions Issue
• In deviation from the exemptions of the Working Hours Act, further exemptions can be granted by the competent authority. This applies to companies where employment on Sundays and public holidays is necessary to meet daily needs.
  Exceptions can also be granted if interruptions or postponements cause considerable problems in the company.
• Responsible:Local authority responsible for occupational health and safety