Ausnahme vom Verbot der Sonn- und Feiertagsarbeit beantragen

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

The only exceptions to the general ban on working 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 cab companies) and
• Leisure activities (e.g. in theaters, at soccer matches or in leisure facilities),
• deployment in emergencies and exceptional cases.

Otherwise, as an employer you require a permit if work is to be carried out in your company or business 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 necessitate extended business dealings (e.g. holding in-house and order fairs for commercial resellers)
• on up to five Sundays and public holidays per year if special circumstances make this necessary to prevent disproportionate damage (e.g. very high sickness rate, late delivery of materials)
• on one Sunday a year to carry out a legally prescribed stocktaking.

If there are other reasons, these will also be examined and a decision made on the request to work on Sundays or public holidays.

You are not entitled to an exemption permit. The decision of the regional council is made at its own discretion. As part of this decision, a balance is struck between the interests of protecting the health and safety of employees, the protection of Sundays and public holidays and the operational interests of the employer.

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

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

Authorization may 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 organized exclusively for commercial resellers)
• five Sundays a year in a business: if special circumstances arise that cause disproportionate damage (e.g. if an unexpectedly large number of employees fall ill at the same time or materials are delivered late)
• on one Sunday a year: if the legally required stocktaking is to be carried out and cannot be carried out on a working day

The amount of the fees to be set is set out in the list of administrative costs for the administrative cost regulations for 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 are checked for completeness and conclusiveness and, if necessary, additional documents are requested
• If all requirements are met, you will receive a corresponding approval notice
• If not all requirements are met, you will receive a rejection notice

Depending on the examination effort and timely submission of the complete documents.

There is no statutory deadline for submitting the application.

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

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

An appeal against the decision can be lodged with the administrative court. Further details can be found in the decision on your application for a derogation from the regulations on rest periods.

• Application for approval of exceptions to the ban on working on Sundays and public holidays
  • Commercial enterprises, if special circumstances make extended business operations necessary,
  • special circumstances that cause disproportionate damage to a business,
  • prescribed stocktaking if it cannot be carried out on a weekday
• Only employers can submit the application
• Responsible: Regional councils

Responsibility lies with the regional councils.

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