Service Finder
Employment on Sundays and public holidays: Exemption permit (unreasonable impairment of competitiveness due to longer operating hours abroad)
Service Description
If you, as an employer, wish to employ staff on Sundays and public holidays because the competitiveness of your company is unreasonably impaired if the legally permitted weekly operating hours in your company are utilized to the greatest extent possible and due to longer operating hours abroad, and jobs in your company are secured by employing staff on Sundays and public holidays, the competent authority (upon proof of the existence of the conditions of § 13 Para. 5 Working Hours Act - ArbZG) must grant an exemption permit upon application.
Who should I contact?
Contact the Thuringian State Office for Consumer Protection (TLV) Occupational Health and Safety Department.
Requirements
- extensive utilization of the legally permissible weekly operating hours,
- competitiveness is unreasonably impaired by the longer operating hours abroad and
- jobs in your company can be secured by employing workers on Sundays and public holidays
Which documents are required?
The application must be submitted in an informal letter.
The application must include (more details can be found in the attachment)
- specific period of the requested authorization (first/last Sunday/holiday),
- Number of employees per shift in the areas/departments concerned,
- Naming of the areas/departments in which employees are to be employed on Sundays and public holidays,
- full address of the foreign competitor companies,
- credible demonstration of the statutory/tariff-based working hours of the foreign competitor companies,
- a comprehensible description of the foreign competitive situation and an explanation of the extent to which this results in an unreasonable impairment of your company's competitiveness and
- a written statement from the works council (if available).
What are the fees?
The granting of an exemption permit 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 authority at least three to four weeks before the first Sunday and public holiday on which employees are to be employed.
Processing duration
The processing time is generally four weeks.
Applications / forms
You have the right to appeal against the decision on your application or against a decision that was not made within the deadline in accordance with the Administrative Court Regulations (objection, if necessary, legal action before the Administrative Court).
Appeal
List of criteria in accordance with Section 13 (5) of the Working Hours Act (ArbZG)
What else should I know?
You must inform the trade union about your application and obtain a statement from them.
Supporting institutions
In order to substantiate your application with regard to the foreign competitive situation, you can contact the Chamber of Industry and Commerce and the Thuringian Business Association and enclose the relevant statements with your application.
Author
The text was automatically translated based on the German content per DeepL.
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry of Labor, Social Affairs, Health, Women and Family
Professionally released on
12.05.2017
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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