Store opening hours: Which laws are important?

Since the abolition of the Shop Closing Hours Act in November 2006, retail opening hours have been regulated differently from state to state. In North Rhine-Westphalia, for example, the Store Opening Hours Act (LÖGNRW)which regulates the opening hours of retail stores on weekdays, Sundays and public holidays. There is therefore no uniform nationwide legislation in this area, but the regulations in the various federal states are largely similar.

Opening hours: What rules apply in the federal states?

As described, the opening hours are regulated quite similarly in most federal states. However, there are minor differences.

Our table therefore gives you a better overview.

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In most federal states, stores and sales outlets such as pharmacies, bakeries, flower stores, farm shops or petrol stations are also allowed to open on Sundays and public holidays. Sundays open for business are regulated separately by the respective municipality and are often linked to a town festival or other special occasion. Stores are also allowed to open on certain Sundays in areas that rely heavily on tourism. Examples include regions in the Bavarian Alps or the Black Forest.

Why are many stores closed on Sundays and public holidays?

Rest periods on Sundays and public holidays originally have a religious background. In Christian countries such as Germany, Sunday is traditionally the day on which church services are held and many public holidays in this country, such as Easter or Christmas, also have a Christian origin. At the same time, the right to a day off during the week is firmly enshrined in the Working Hours Act (ArbZG) is firmly anchored. The aim is for employees to be able to spend time with their families and relax. But what about stores that work according to a self-service concept, allow autonomous shopping or otherwise dispense with staff? Doesn't the argument of employee protection fall flat here?

Digitalization is changing personnel deployment

After all, more and more stores in the retail sector are taking advantage of the opportunities offered by digitalization. A good example are self-checkout systemswhich allow customers to scan and pay for goods themselves. These SCO checkouts can theoretically be operated without the need for staff and are particularly popular in farm stores, flower shops or decoration stores to work more efficiently.

Opening hours: Do other regulations apply to self-service stores?

So why shouldn't these stores also offer goods for sale on Sundays and public holidays? Quite simply, the legislation is not keeping pace with technological developments. Concepts such as autonomous shopping are still quite new phenomena and it will be some time before politicians and administrators have adapted the laws. Nevertheless, many courts in Germany are already dealing with the issue, so it is to be hoped that something will happen soon. Another challenge is to distinguish between pure vending machines -for example along hiking trails in the Black Forest or in farm stores - and stores that have several complex self-service points of sale. A legally sound definition does not yet exist. Until then, the current regulations in the individual federal states apply, as listed in the table above.

Store opening hours will adapt to technological developments

It often takes several years for new technologies to be accepted, understood and incorporated into legislation. A good example of this is social media, which continues to keep the courts busy to this day. However, once a technology is established, the legislator will also follow suit and store opening hours will certainly adapt to the possibilities of autonomous shopping, self-service checkouts or SCO systems. We will keep you up to date here and will be happy to assist you and your business if you have any further questions on this complex topic. questions have!