Sunday is a day of rest, right? A question that is currently the subject of controversial debate again. The reason: more and more stores in the retail sector are relying on concepts such as autonomous shopping or self-checkout (SCO), which reduce or even completely eliminate the need for staff. As AI, a digital algorithm or self-service checkouts do not need a day off, many business representatives are calling for the Shop Opening Act (LadÖG) to be overhauled and adapted to the requirements of modern retail. We show you which regulations currently apply and whether relevant changes are to be expected.
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Since the abolition of the Shop Closing Act in November 2006, retail opening hours have been regulated differently from state to state. In North Rhine-Westphalia, for example, the Shop Opening Hours Act (LÖGNRW) applies, which regulates the opening hours of stores in the retail sector 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.
As described, opening hours are regulated in a fairly similar manner in most federal states. However, there are some minor differences.
Our table therefore gives you a better overview.
In most federal states, stores and retail outlets such as pharmacies, bakeries, flower shops, farm stands, and gas stations are therefore permitted to open on Sundays and holidays. Sundays when stores are open for business are regulated separately by the respective municipality and are often linked to a city festival or other special events. Even in areas that rely heavily on tourism, stores are allowed to open on certain Sundays. Examples include regions in the Bavarian Alps or the Black Forest.
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 one day off a week is firmly anchored in the Working Hours Act (ArbZG). 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 come to nothing here?
After all, more and more retail stores are taking advantage of the opportunities offered by digitalization. A good example is self-checkout systems, which allow customers to scan and pay for their items on their own. These self-checkout systems can, in theory, be operated without staff and are a popular tool for working more efficiently, especially in farm stands, flower shops, and home decor stores.
So why shouldn’t these stores also offer goods for sale on Sundays and holidays? It’s quite simple: legislation isn’t keeping pace with technological developments. Concepts like autonomous shopping are still relatively new phenomena, and it will be some time before policymakers and government agencies have updated the laws. Still, many courts in Germany are already addressing the issue, so there is hope that progress will be made soon. Another challenge lies in distinguishing between standalone vending machines—such as those along hiking trails in the Black Forest or at farm stands—and stores that operate multiple, complex self-service sales points. There is not yet a legally sound definition for this. Until such a definition is established, the current regulations in the individual federal states—as listed in the table above—will continue to apply.
It often takes several years for new technologies to be accepted, understood, and incorporated into legislation. A good example is social media, which continues to be a recurring issue for the courts to this day. However, once a technology is established, lawmakers follow suit, and so store hours will certainly adapt to the possibilities offered by autonomous shopping, self-checkout lanes, or SCO systems. We’ll keep you updated here and are happy to assist you and your business if you have any further questions about this complex topic at !
