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Two deadlines, not one
For a Sunday worked, the substitute day of rest has to be granted within a period of two weeks including the day of employment. For a statutory public holiday falling on a working day, the period is eight weeks.
The two deadlines regularly get confused. Anyone allowing two weeks for a public holiday shift plans more tightly than necessary; anyone allowing eight weeks for a Sunday breaches the law.
Plus the 15 free Sundays
Regardless of the substitute day of rest, at least 15 Sundays a year have to remain free of employment (section 11(1) ArbZG). In some areas, for instance for drivers and co-drivers, the number is lower.
That count runs over the calendar year and per person, not per department. It is the point where continuous operations most often come unstuck in an inspection, because it is invisible in the weekly plan.
The substitute day of rest is a whole day
It has to be a full working day without any work. Half a day off or compensation in money does not satisfy the duty. The eleven-hour rest period before and after also still applies, and the substitute day of rest effectively extends it.
Example: Sunday duty on 8 March
- Employment on Sunday, 8 March.
- Two-week period: 2 to 15 March, because it includes the day of employment.
- The substitute day of rest has to fall within that period; a day off on 20 March is not enough.
- The Sunday also counts against the 15 free Sundays of the year.
Common mistake
The day off after a Sunday shift gets treated as the substitute day of rest, although it was in the plan anyway. A regular day off satisfies the duty only if it was not already free for another reason.
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
- Section 11(1) ArbZG
- „At least 15 Sundays a year have to remain free of employment.“
- Section 11(3) ArbZG
- „Where employees are employed on a Sunday, they have to have a substitute day of rest, which is to be granted within a period of two weeks including the day of employment. Where employees are employed on a public holiday falling on a working day, they have to have a substitute day of rest, which is to be granted within a period of eight weeks including the day of employment.“
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: 2 September 2026