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Working time; monitoring
The trade supervisory offices at the governments monitor compliance with the Working Hours Act and, in exceptional cases, approve work on Sundays and public holidays and, in individual cases, increase the maximum permitted working hours with appropriate compensation.
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Regierung von Oberbayern - Gewerbeaufsichtsamt
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Heßstr. 130
80797 München
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80534 München
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Description
The fundamental ban on working on Sundays and public holidays, the maximum permitted duration of daily working hours as well as the required breaks and, indirectly, free time as a so-called rest period are regulated in the Working Hours Act. Various legal exceptions (e.g. for hospitals or energy supply) regarding work on Sundays and public holidays are already regulated both in the Working Hours Act and in the Bavarian Ordinance on Necessities.
The regular working day may not exceed eight hours; however, it can be extended to up to ten hours if an average working day of eight hours is not exceeded in six calendar months or 24 weeks due to a corresponding reduction on other working days. However, the Working Hours Act only specifies the upper limits for health protection reasons. The actual hours to be worked or the weekly working hours are determined by the collective agreements or the employment contract.
Compliance with the Working Hours Act is monitored by the trade supervisory authorities. They can order the necessary measures to be taken by the employer to fulfill the obligations arising from the Working Hours Act and the legal ordinances issued on the basis of this Act.
The labor inspectors may
- enter and inspect workplaces during operating and working hours,
- request information from the employer and demand that the employer submit time sheets and collective agreements or works agreements,
- determine the permissibility of working on Sundays and public holidays on a case-by-case basis,
- authorize longer daily working hours in individual cases by means of an official decision, with appropriate compensation
- issue orders to enforce the provisions of the Working Hours Act and
- punish violations with a fine.
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none
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Related links
Related issues
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Working hours; application for longer daily working hours for continuous shift operations, construction and assembly sites
Under certain conditions, employers can apply for longer daily working hours for employees in continuous shift operations, construction and assembly sites.
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Working hours; application for longer daily working hours for seasonal and campaign businesses
Upon application, employees of a seasonal or campaign business may be granted an extension of the daily working hours for the duration of the season or campaign up to a maximum of twelve hours per day on individual days.
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Sundays and public holidays; application for a permit for the employment of workers
As an employer, you require an official permit if you want to work on a Sunday or public holiday in your company or business, unless there is a legal exception.
Status: 20.12.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Familie, Arbeit und Soziales
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