E-Commerce Association Bevh Calls for More Flexible Sunday Opening Hours in Retail

The German Retail Association (HDE) has also been advocating for relaxed opening hours for some time. Its chief executive, Stefan Genth, argues that online retailers are already allowed to offer their goods on Sundays. "Then domestic retailers must also be able to occasionally offer this as well," Genth said. The HDE is calling for a reliable and legally secure framework for Sunday opening on a few Sundays a year.

HDE and DIHK Support the Demand

The associations are receiving support from the president of the Association of German Chambers of Industry and Commerce (DIHK), Peter Adrian. This week, he spoke out in favor of amending the Basic Law in order to permanently clarify the legal situation regarding Sunday opening hours. Speaking to the newspapers of the Funke Media Group, Adrian referred to a 2009 decision by the Federal Constitutional Court, which invoked the Weimar Constitution and spoke of "spiritual elevation" (*seelische Erhebung*) on Sundays. "Well – that does not seem contemporary to me," Adrian said.

Genth pointed out that Sunday has changed. "For many people, it is a day of leisure, when restaurants, cultural and recreational facilities are naturally open," he said. In many other EU states, the regulations are also significantly more flexible than in Germany, including in Italy and France, even though these countries also have a Christian tradition.

The specific regulations for Sunday opening hours differ from state to state. In North Rhine-Westphalia and Berlin, up to eight Sunday openings per year are permitted, in most other federal states four, and in Baden-Württemberg three. Schleswig-Holstein recently adjusted its laws and allows shopping on Sundays and public holidays in unattended mini-supermarkets in rural areas. Thuringia has had regulations for small 24-hour shops that may be open on Sundays without staff for several months now.

Verdi Warns Against Eroding Sunday Protections

The Verdi trade union strictly rejects any weakening of Sunday opening hours. Silke Zimmer, responsible for retail on the Verdi executive board, emphasized that Sunday is the only reliably plannable day off for employees. "Der Sonntag ist für die Beschäftigten der einzige verlässlich planbare freie Tag, an dem Zeit für körperliche und mentale Entlastung in diesem anstrengenden Job bleibt," said Zimmer. Mulyk also spoke out in favor of including in the debate a form of work organization that enables flexibility while maintaining reliable standards for employees.

A representative YouGov survey of 4,022 people aged 18 and over found that 43 percent support more frequent Sunday openings, 50 percent reject them, and 6 percent made no statement. Younger people and men are accordingly more open to relaxed rules than older people and women. In a similar survey conducted around a year ago, only 34 percent had supported more frequent Sunday openings, while 59 percent had been opposed.

Different Rules Depending on the Federal State

Mulyk stressed that, from the e-commerce association's perspective, a reform of the Sunday opening rules must not come at the expense of employees. She pointed to the need for reliable standards for workers should the rules actually change. This ties the Bevh's positioning to the discussion about a fundamental reform of shop closing law, which has been ongoing in politics and business for years.

Sunday rest is enshrined in the Basic Law. A change would therefore only be possible through a constitutional amendment, as suggested by DIHK president Adrian. This would elevate the debate over shop opening hours to a constitutional level – with correspondingly high hurdles for political majorities.

Basic Law as a Potential Hurdle

Overall, it is becoming apparent that the calls for more flexible rules are growing louder, while the opposing side – led by Verdi – is holding on to the protection of the free Sunday. Whether there will actually be a change in this legislative period remains open. What is clear is that the discussion on opening hours, online retail, and worker protection continues to gain momentum.