Information - Arbeitszeit; Beantragung einer Verlängerung für Beschäftigte eines Saison- und Kampagnebetriebs - Dienstleistungsportal Bayern

Description

At all Bavarian folk festivals and comparable events, any employer may have his employees work up to ten hours net per day, including on all respective Sundays and public holidays, without an official permit. The legally required substitute rest days for employment on Sundays and holidays can be granted both before and after the Sunday and holiday employment or the folk festival.

If an extension of the daily working hours of ten hours should be unavoidable even after exhaustion of organizational measures, in particular for peak times, and also the trade supervisory office responsible for the place of business could not point out any possible solutions for a special situation, an exception subject to costs can be applied for according to § 15 para. 1 no. 2 Working Hours Act (ArbZG).

Prerequisites

• A risk assessment in accordance with the Occupational Health and Safety Act with special consideration of the hazards resulting from the extension of daily working hours has been carried out by the applicant.
• Technical or organizational measures are not sufficient to prevent longer working hours.
• The company is not subject to any provisions of collective agreements that conflict with the intended application for extended working hours of more than ten hours.
• The extension of daily working hours beyond eight hours on workdays shall be compensated for by a corresponding reduction in working hours at other times.

Procedure

The application must be submitted in writing to the Trade Inspection Office at the Government of Upper Franconia.

Required documents

• Proof of seasonal or campaign operation
• Statement of the company doctor
• Statement of the works council
• Evidence of safety and occupational medical care

Forms

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

• Prefillable Form, Bavaria-wide: Antrag auf Bewilligung der Verlängerung der täglichen Arbeitszeit gemäß § 15 Abs. 1 Nr. 2 Arbeitszeitgesetz

  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.

Fees

• 100,00 till 5.000,00 EUR

Legal bases

• § 15 Abs. 1 Nr. 2 Arbeitszeitgesetz (ArbZG)

Remedy

Lawsuit

Links to more information

• Handreichung "Flexible Anwendung des Arbeitszeitgesetzes (ArbZG) während Volksfesten bzw. vergleichbarer Veranstaltungen in Bayern"

Related issues

• Working time; monitoring