Service Finder
Employment on Sundays and public holidays: Special permit (urgently required in the public interest)
Service Description
If you, as an employer, wish to employ workers, but the Working Hours Act does not provide for an exception or derogation in your particular case or the exceptions or derogations provided for are not sufficient, the competent authority may allow further exceptions in addition to those provided for in the Working Hours Act if these are urgently required in the public interest (discretionary decision).
Who should I contact?
Contact the Thuringian State Office for Consumer Protection (TLV) Occupational Health and Safety Department.
Requirements
- The five Sundays and public holidays pursuant to Section 13 (3) No. 2b of the Working Hours Act (ArbZG) have been approved by the competent authority.
- All existing exceptions to the employment of employees on Sundays and public holidays in accordance with 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 conditions for approval are not met
(see § 13 para. 4 and 5 ArbZG). - The employment of workers on Sundays and public holidays is urgently required in the public interest.
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 (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 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 15 (2) of the Working Hours Act (ArbZG)
What else should I know?
The trade union must be informed of your application and a statement must be obtained from it.
Supporting institutions
In order to substantiate your application with regard to the urgent public interest, you can contact the Chamber of Industry and Commerce and the Thuringian Business Association and enclose corresponding statements with your application.
Comments
A public interest within the meaning of Section 15 (2) of the Working Hours Act only exists if the interest in working on Sundays or public holidays is of such importance that it appears justified to allow an exception to the general rest period on Sundays and/or public holidays.
For the extension of employment beyond other working time regulations in accordance with the Working Hours Act (extension of daily and weekly working hours, reduction of rest periods), further or other criteria must be applied depending on the case.
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)
Competent Authority
Thüringer Landesamt für Verbraucherschutz (TLV) - Regionalinspektion Mittelthüringen
Postal address
99947 Bad Langensalza
Delivery address
99099 Erfurt
Parking spaces
Besucherparkplatz
Number: 10
Fees: no
