14 June 2004
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Workers' rights
weigh more than corporate profit interests: Germany's high court says shop opening restrictions are constitutional, throws out complaint by Metro German shops will remain closed on Sundays. In a decision last week, the country's high court established that the legal restrictions on shop opening hours are constitutional. Metro's department store chain Kaufhof had challenged the law, saying that it violates their property rights, and puts them at disadvantage in competition with petrol stations, and stores at railway stations.
The constitutional court in Karlsruhe has now established that it is indeed acceptable to protect workers' rights through legislation, and that this weighs stronger than the economic interests put forward by Kaufhof. The particularly strong wording by an unanimous court on the constitutional right of the state to protect workers' rights to free Sundays and bank holidays will probably put an end to attempts to introduce Sunday trading in Germany. But also late night trading is now closed out. The high court closed out major changes to the existing legislation, which calls for shops to close their doors at 20.00 hours on weekday nights. Any changes could only be done by the German states, on the condition that the federal parliament cedes this authority to them. As of now, the present shop opening legislation continues to be the law of the land. Ulrich Dalibor, head of ver.di's retail trade sector, welcomed the decision of the constitutional court. - This has confirmed that workers' rights can be protected by legislation, he said, and that they can weigh stronger than economic business interests. Jörgen Hoppe, president of UNI-Europa Commerce, sees also a broader European dimension in the German court decision. - Our members' right to decent working hours are under attack in many parts of Europe. This decision supports our fight for reasonable shop opening regulations, which allow workers to live normal family lives.
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