Saturday and Sunday are treated very differently under German labor law. Saturday is, for the Arbeitszeitgesetz, a normal working day. Sunday is, in principle, off-limits.
Saturdays
The ArbZG treats Saturday as a workday — there is no specific prohibition. Saturday work is therefore lawful subject to the same daily and weekly limits as any other workday: max 8 hours (extendable to 10), 11-hour rest period, mandatory breaks.
Whether your employer can require you to work Saturdays depends on:
- Your contract. If the contract specifies Monday–Friday, the employer cannot unilaterally extend to Saturday without your consent.
- Collective agreements and works-council rules. Many sectors have collective rules that govern Saturday work — sometimes requiring premium pay, sometimes prohibiting it without specific consent.
- The employer’s direction right (Direktionsrecht). Within the scope set by contract and collective rules, the employer can direct working hours under § 106 GewO.
Sundays — the default prohibition
§ 9 ArbZG provides that employees may not be employed on Sundays and public holidays between 0:00 and 24:00. This is a hard prohibition, not just a “right to refuse”. The Act then lists exceptions in § 10:
- Emergency services, fire fighting, security, civil defence.
- Hospitals, residential care, animal welfare.
- Hospitality, hotels, recreational and cultural facilities.
- Transport (rail, air, road haulage for perishables).
- Broadcasting, news media, sport reporting.
- Specific industrial-process operations that cannot be interrupted (steel, glass, refineries).
The list is exhaustive — sectors not on it cannot demand Sunday work without specific administrative exemption.
What if your employer schedules Sunday work outside the exempt categories?
It is unlawful. You can refuse to attend. The employer cannot legitimately discipline you for refusing to perform unlawful work. If the practice continues, the employer faces administrative fines under § 22 ArbZG and you can escalate via the responsible state authority for occupational health (Gewerbeaufsicht).
If you work in a sector that does allow Sunday work
- You are entitled to a replacement rest day within 2 weeks (§ 11 ArbZG) — for public holidays, within 8 weeks.
- You must have at least 15 work-free Sundays per year.
- You retain the right to attend religious services (§ 11(3) ArbZG).
Premium pay
There is no statutory entitlement to Sunday or weekend premiums — these are matters of contract or collective agreement. Sundays and public holidays do, however, attract a generous tax exemption on premium components (§ 3b EStG: 50% tax-free for Sundays, up to 125% tax-free for public holidays during specified hours).
If you are scheduled for Sundays outside an exempt sector
The most common pattern: an employer drifts into weekend rotas as workload grows, without checking whether the sector permits Sunday work. You are entitled to refuse without consequences. If the practice has gone on for a while, you can:
- Request a written confirmation of the schedule going forward.
- Notify the responsible state authority (Gewerbeaufsicht) anonymously — they can investigate.
- Negotiate a transition to a compliant schedule, or claim premium pay equivalent to the inconvenience.
The 15-Sunday rule
Even where Sunday work is permitted (hospitality, retail, etc.), every employee must have at least 15 work-free Sundays per year (§ 11(1) ArbZG). Track which Sundays you worked across the year; if the count exceeds the permitted level, the employer must adjust the rota.
Premium-pay tax treatment
§ 3b EStG grants generous tax-free status to Sunday and public-holiday premiums: 50% of base hourly rate is tax-free for Sundays; up to 125% for public holidays during prescribed hours. This is a significant fringe-benefit advantage that some employers underuse.