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 workers on Sundays and public holidays because the competitiveness of your company would be unreasonably impaired if the legally permissible weekly operating hours were utilized to the greatest extent possible in your company and due to longer operating hours abroad, and if jobs in your company are secured by employing workers on Sundays and public holidays, the competent authority (upon proof of the existence of the prerequisites according to Section 13 (5) of the Working Hours Act - ArbZG) must grant an exemption upon application.
Who should I contact?
Contact the Thuringian State Office for Consumer Protection (TLV) Department of Occupational Safety.
Requirements
- the greatest possible utilization of the weekly operating hours permitted by law,
- the 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 made in an informal letter.
The application must contain, among other things (for more details, see the attachment):
- concrete period of the requested authorization (first/last Sunday/holiday),
- Number of employees per shift in the affected areas/departments,
- designation of the areas/departments in which employees are to be employed on Sundays and public holidays,
- complete address of the foreign competing companies,
- credible statement of the legal/tariff working hours of the foreign competitor companies,
- a comprehensible description of the foreign competitive situation and an explanation of how this will result 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 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
Criteria catalog according to § 13 para. 5 Working Time Act (ArbZG)
What else should I know?
You must inform the trade union of your application and obtain its opinion.
Supporting institutions
In order to substantiate your application with regard to the foreign competitive situation, 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.
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)
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