Sundays and public holidays; application for exemption from the prohibitions of the Public Holidays Act.

On Sundays and public holidays, publicly noticeable work that is likely to disturb the peace on public holidays is prohibited, unless otherwise stipulated by law. The municipalities may grant exemption from individual prohibitions for important reasons in individual cases.

Description

Public holidays throughout Bavaria are:

  • New Year's Day
  • Epiphany (Three Kings)
  • Good Friday
  • Easter Monday
  • May 1st
  • Ascension Day
  • Whit Monday
  • Corpus Christi
  • October 3 as German Unity Day
  • All Saints' Day
  • Christmas Day
  • Second Christmas Day

Only in municipalities with a predominantly Catholic population is the Assumption of the Virgin Mary a public holiday.

In the city of Augsburg, August 8 (Peace Festival) is also a public holiday.

On Sundays and public holidays, publicly noticeable work that is likely to interfere with the peace and quiet of the holiday is prohibited, unless otherwise stipulated by law.

During the customary local time of the main service (usually between 7:00 a.m. and 11:00 a.m.), the following activities are also prohibited:

  • all avoidable noise-producing activities in the vicinity of churches,
  • public entertainment events (sporting events are permitted),
  • hunting expeditions.

The prohibitions do not apply

  • to the operation of the postal service, railroads and other enterprises serving passenger transportation,
  • for repair works on means of transport, as far as they are necessary for the continuation of the journey,
  • for work which cannot be postponed and which is necessary for the satisfaction of domestic and agricultural needs, for the prevention of damage to health and property, in the interest of public facilities or for the prevention or elimination of an emergency,
  • for light work in gardens performed by the owners or their relatives.

In addition to holidays, silent days are established. On silent days, public entertainment events that do not correspond to the serious nature of these days are prohibited. However,
sporting events are allowed, except on Good Friday and the Day of Penance and Prayer.

The following days are designated as silent days:

  • Ash Wednesday
  • Maundy Thursday
  • Good Friday (Note: On Good Friday, any type of musical performance is prohibited without exception in rooms where there is a bar. Furthermore, sports events are prohibited).
  • Holy Saturday
  • All Saints' Day
  • Memorial Day
  • Sunday of the Dead
  • Day of Prayer and Repentance (Note: Sports events are also prohibited on the Day of Prayer and Repentance).
  • Christmas Eve

The protection of the silent days begins at 2:00 a.m., Good Friday and Holy Saturday at 0:00 a.m., and Christmas Eve at 2:00 p.m.; it ends at midnight on each day.

The protection of the Feast of the Assumption of the Virgin Mary in the municipalities where it is not a public holiday and the Day of Penance and Prayer is regulated as follows:

  • During the customary local time of the main service from 7:00 a.m. to 11:00 a.m., all avoidable noise-producing acts in the vicinity of churches shall be prohibited, insofar as such acts are likely to disturb the service.
  • Employees of all public and private companies and administrations who belong to a particular denomination have the right to stay away from work. This does not apply to work which, according to the provisions of the Trade, Commerce and Industry Code, may also be performed on public holidays, and to such work as is necessary for the maintenance of operations or for the completion of business that cannot be postponed with the authorities. The employees concerned shall not suffer any disadvantages from their absence other than any loss of wages for missed working hours.
  • There shall be no classes at schools of any kind.

Israelite holidays

  • Easter (Passover) (the first two days and the last two days),
  • Feast of Weeks (two days),
  • Feast of Tabernacles (the first two and the last two days),
  • New Year's Day (two days),
  • Day of Atonement (one day)

are protected as follows:

  • During the customary local time of the main service, the following are prohibited in the vicinity of synagogues and other premises used by the Israelite religious community for worship purposes: all avoidable noise-producing acts likely to disturb the service, public gatherings in the open air, processions and parades.
  • Pupils of all denominations in all types of schools are not allowed to attend classes!
  • Confessional employees of all public and private enterprises and administrations have the right to be absent from work. This does not apply to work that may be performed on public holidays in accordance with the provisions of the Industrial Code, or to work that is necessary to maintain operations or to attend to business that cannot be postponed with the authorities. The employees concerned shall not suffer any disadvantages from their absence other than any loss of wages for missed working hours.

The municipalities may grant exemption from individual prohibitions in individual cases for important reasons.

The documents required when applying for an exemption may vary from case to case. Please contact the relevant municipality in this regard.

Prerequisites

Prerequisites for granting an exemption from the prohibitions of the Public Holiday Act are in particular:

  • It must be an individual case. General exemptions are not permitted.
  • Special hardship in the individual case shall be avoided.

There must be no danger of undermining the protection of public holidays.

Deadlines

none

Required documents

  • Exemption request

    Please ask the responsible municipality for the concrete documents required.

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

Fees

  • Fees ranging from 15 to 125 euros are charged for exemptions from the prohibitions of the Public Holidays Act.

Remedy

Administrative court proceedings; information

administrative claim

Status: 19.01.2022

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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Responsible for you

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