Working time regulations

The employment of workers on Sundays and public holidays is generally prohibited according to Section 9 Paragraph 1 of the Working Time Act (ArbZG). However, specific legal exceptions and procedures apply to the film industry according to Section 10 of the working time act.
 

1. Generally responsible supervisory authority (based on company headquarters)

The authority responsible for determining compliance with working time regulations is determined by the company's headquarters:

• Companies headquartered in Berlin:
  The responsible authority is the State Office for Occupational Safety, Health Protection and Technical Safety (LAGetSi).
• Companies headquartered outside Berlin:
  The application must be submitted to the respective supervisory authority at the company's headquarters. A decision issued there serves as proof for filming in other German states.
   

2. Employment Not Requiring a Permit (§ 10 Working Time Act)

Sunday work for film production is permitted in the following cases without prior official authorization, provided the work cannot be carried out on weekdays:

• Public Interest:
  A competent authority (e.g., Senate Department, SKZL, State Police Directorate) has authorized filming in the interest of public safety and order, but only on Sundays or public holidays.
• Current Events:
  Current film footage is being produced of events that only take place on Sundays or public holidays.

3. Official Declaratory Notice for Legal Certainty (§ 13 Para. 3 No. 1 Working Time Act)

Employers must assess whether an exception applies in each individual case, but bear the risk of an incorrect assessment.

• For legal certainty, a written official declaratory notice can be requested from the LAGetSi (for Berlin companies).
• This is particularly recommended for filming outside of Berlin. A fee is charged for issuing the permit.

4. Standard procedure in Berlin when Section 10 cannot be applied: Permit via the Public Order Office (§ 13 para. 3 no. 2b ArbZG)

If, for example, lead actors, directors, or props are only available on Sundays or public holidays due to scheduling conflicts, a permit may be required.

• This application must be submitted to the Public Order Office of the district in which the company is located.
   

5. Mandatory protective provisions

Regardless of the permissibility, the following legal requirements must be observed:

• Compensatory rest day:
  For Sunday work, a compensatory rest day must be granted within two weeks. For work on public holidays, the period is eight weeks.
• Rest period:
  After the end of work, an uninterrupted rest period of at least 11 hours must follow.
• Free sundays:
  At least 15 Sundays per year must be free of work.
• Documentation:
  A record of Sunday work (names and working hours) must be kept.
• Special Groups:
  Prohibitions for pregnant women, breastfeeding mothers, and young people must be strictly observed.

Contacts

• LAGetSI - State Office for Occupational Safety, Health Protection and Technical Security Berlin
• LAVG - State Office for Occupational Safety, Consumer Protection and Health

​​Form / information sheet for work on Sundays and public holidays

• Application form Sunday work for film production companies based in the State of Brandenburg (in German only)
• Permission-free employee employment on Sundays and public holidays in Berlin
• Template_Application for Permit to Employ Workers on Sundays and Public Holidays Berlin