Sabbath desecration
Sunday rest is the legally protected resting on a work-free Sunday.
Situation in Germany
Historical Development
In pre-modern societies meant Sunday rest, that the work was reduced on religious grounds to a minimum on Sunday; primary purpose of Sunday was the visit of the Holy Mass. Emperor Constantine the Great ( 306-337 ) was involved in the religious and political consolidation of Christianity. He was the first to introduce the Sunday rest by a state law after the Sunday resurrection had experienced as early as apostolic times high esteem.
According to the Mosaic laws must be celebrated as a day of God necessarily the Sabbath. To distinguish itself from Judaism, certain Emperor Constantine and Pope Sylvester I. after the First Council of Nicaea (325 ) together Sunday as the Christian day of rest and rejected the Sabbath. Within the Roman Catholic Church is true for the Sunday, the Sunday commandment which obliges all believers from the age of 7 to participate in the Sunday Mass.
During the 19th century broke the daily order which protected the Sunday as a day of rest. Sunday was especially in the second half of the century increasingly to work. The state then began within the framework of social policy legislation with the limitation of Sunday work.
This was the first for the industry. This brought the judgment given by Kaiser Wilhelm II Commercial Code Amendment from June 1, 1891 a general prohibition, however, of the numerous trades were excluded. The Sunday work in the commercial sale to the public was limited to five hours, but there was for trade in fresh foods, important exceptions.
The Sunday rest enshrined in the standard work time law, which defines a general prohibition of employment, with few exceptions binding.
The Sunday rest is additionally with regard to the holiday legislation Countries thing, so for example, video rental stores may be open on Sundays in some states, but not in others. In Baden- Württemberg also vending machines video stores must be closed, as a "Factory Daily bustle " is also triggered by the customers, because the rental of videos - as opposed to watching videos - a " typical factory daily life process " is.
Current reference, the Sunday rest with the amendment of the store closing laws in the individual states in the wake of federal reform. Since the 1980s, the situation of the previous closing law mainly by the FDP, parts of the CDU / CSU and large retail companies has been questioned. Softening of Sunday rest were the result.
However, the Sunday rest is constitutionally protected. Article 139 of the Weimar Constitution, August 11, 1919, which is in accordance with Article 140 GG part of the Basic Law, determined that Sunday is protected by law as a day of rest from work and of spiritual elevation. The abolition or a Sunday basically alternate end in this function scheme in question is thus incompatible with the Basic Law and therefore eludes a fundamental revision by the state parliaments.
Legal regulation
According to § 9 para 1 Arbeitszeitgesetz the scheme that on Sundays and public holidays between 0 and 24 clock no employee shall be employed applies. These times can be delayed by two hours at shift workers at six in drivers. There are in § 10 Arbeitszeitgesetz numerous exceptions to this rule, and workers may be employed in the following situations, services and places:
In addition, there are special rules, for example, to work in bakeries and pastry shops or to carry out urgent payment trades in securities trading.