Working on Sundays and public holidays: what is allowed?

Shift work, hospitality, care: in many areas people work on Sundays and public holidays. But it is not allowed everywhere. The Working Hours Act protects Sundays in principle and gives you replacement rest days.

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On Sundays and public holidays, employees may in principle not be employed (§ 9 ArbZG). However, there are numerous exceptions for certain sectors (for example hospitals, restaurants, emergency and rescue services, § 10 ArbZG).

Anyone who works on Sundays as an exception is entitled to a replacement rest day (within two weeks), and for holiday work within eight weeks (§ 11 ArbZG). A statutory pay supplement, by contrast, usually does not exist; that is governed by a collective or employment contract.

What you should do now

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1. Check the exception
Does your area fall under the permitted exceptions (§ 10 ArbZG), or is the Sunday work impermissible?
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2. Demand a replacement rest day
For permitted Sunday or holiday work, insist on the replacement rest day (§ 11 ArbZG).
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3. Check supplements
Look in the collective or employment contract to see whether supplements for Sunday or holiday work are agreed.
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4. In case of violations
If employment is impermissible, the works council, a union or the supervisory authority (trade inspectorate) can help.

Frequently asked questions

Do I have to work on Sundays and public holidays?

In principle, employment on Sundays and public holidays is prohibited (§ 9 ArbZG). It is only permitted in legally regulated exception areas (for example care, hospitality, rescue services, § 10 ArbZG). If your area does not fall under these, you can refuse employment on these days.

Do I get a supplement or a day off for Sunday work?

A replacement rest day, yes: for Sunday work within two weeks, for holiday work within eight weeks (§ 11 ArbZG). An additional pay supplement, by contrast, is usually not required by law; whether it exists and how high it is is governed by a collective agreement or employment contract.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.