Derogation is invalid: court overturns Sunday work in ice cream and beverage industries

Sundays and holiday work is in industrial beverage and Eisherstellern, as well as the connected wholesale in the state of Hesse prohibited. This is evident from

Derogation is invalid: court overturns Sunday work in ice cream and beverage industries

Sundays and holiday work is in industrial beverage and Eisherstellern, as well as the connected wholesale in the state of Hesse prohibited. This is evident from the administrative high court (VHG) from Wednesday. The Kassel judges declared a previously existing exemption in the country null and void, and gave an action of the Church and the trade Union law. At folk festivals, for example, could already be on the eve of Sunday for a sufficient supply of ice and drinks taken care of, the court. A Revision has not been approved. (Az.: 8 C 213/15.N)

According to the labour law, workers Employed on Sundays and public holidays are not allowed to work. However, the law provides for exceptions and land governments are authorised, under certain conditions, further to be determined. Hesse had done in 2011, including call centers, video libraries, drinks and ice cream producers as well as wholesalers. The trade Union Verdi, as well as the Protestant deaneries Darmstadt and Front Odenwald complained about it.

2014 was the argument before the Federal administrative court, the parts of the regulation to be invalid said, and parts of the Hessian VGH referred. The was the Sunday and holiday work in Breweries, the manufacturers of alcohol-free drinks, Raw ice and Ice cream, as well as the wholesale. There exceptions, from April to October, were possible.

warning of capacity bottlenecks

The Federal administrative court was, however, the criteria for a new decision. So exceptions are possible, inter alia, if "a particularly protruding needs of the population" had to be satisfied, or such significant damage would be avoided.

Before the court, the representative in the country warned of capacity constraints on Sundays and public holidays, for example, on public festivals. "If the weather is nice, we need more ice cream and lemonade." To the fact manufacturer and wholesale should be able to respond. Ice cream shops, the manufacture of your ice cream itself, are not affected, but a small ice-cream parlours, relating your Ice cream from larger companies. Therefore, he appealed to the court: "Let the consumers of your Sunday pleasure."

Updated Date: 01 July 2020, 15:20

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