Service Finder
Sunday and holiday employment: Exception permit (urgently needed in the public interest).
Service Description
If you as an employer want to employ workers, but an exception or deviation option is not provided for in the Working Hours Act for your case in question, or if the exceptions or deviations provided for are not sufficient, the competent body may allow further exceptions over and above those provided for in the Working Hours Act if these are urgently needed in the public interest (discretionary decision).
Who should I contact?
Contact the Thuringian State Office for Consumer Protection (TLV) Department of Occupational Safety.
Requirements
- The five Sundays and public holidays pursuant to Section 13 (3) No. 2b of the German Working Hours Act (ArbZG) have been approved by the competent authority.
- All existing exemption options for the employment of employees on Sundays and public holidays pursuant to the Working Hours Act (ArbZG) are either not relevant
(e.g. § 10 para. 1 ArbZG), permits granted have already been exhausted (e.g. § 13 para. 3 no. 2b ArbZG) or the permit requirements are not met
(see § 13 para. 4 and 5 ArbZG). - The employment of workers on Sundays and public holidays is urgently needed in the public interest.
Which documents are required?
The application must be made in an informal letter.
The application must contain, among other things (for more details, please refer to the attachment):
- specific period (first/last Sunday/holiday),
- Number of employees per shift in the affected areas/departments,
- designation of the areas in which employees are to be employed on Sundays and public holidays,
- detailed justification of the urgent public interest and
- a written statement from the works council (if available).
What are the fees?
The granting of an exceptional approval is subject to a fee. The fees are determined in accordance with the applicable schedule of fees or costs.
What deadlines do I have to pay attention to?
The application should be received by the competent body at least three to four weeks before the first Sunday and holiday on which employees are to be employed.
Processing duration
The processing time is generally four weeks.
Legal basis
Applications / forms
You can appeal against the decision on your application or against a decision not made in due time in accordance with the Administrative Court Code (objection, if necessary action before the Administrative Court).
Appeal
Catalog of criteria according to § 15 para. 2 Working Hours Act (ArbZG)
What else should I know?
The industry union must be informed of your request and an opinion must be obtained from them.
Supporting institutions
In order to substantiate your application with regard to the urgent public interest, you can contact the Chamber of Industry and Commerce as well as the Association of the Economy of Thuringia e. V. and attach corresponding statements to your application.
Comments
A public interest within the meaning of Section 15 (2) of the Working Hours Act shall only be deemed to exist if the interest in Sunday or holiday employment has acquired such weight that it appears justified to allow an exception to the general rest from work on Sundays and/or holidays.
For the extension of employment beyond other working time regulations according to the Working Hours Act (extension of daily and weekly working time, shortening of rest periods), further additional or different criteria must be applied, depending on the case.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Thuringian Ministry of Labor, Social Affairs, Health, Women and Family Affairs
Professionally released on
12.05.2017
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Thüringer Landesamt für Verbraucherschutz (TLV) - Regionalinspektion Mittelthüringen
Address
99099 Erfurt
Postal address
99947 Bad Langensalza
Parking spaces
Besucherparkplatz
Number: 10
Fees: no
