Term and general definition of Saturday in law
Der Saturday (also referred to as ‘Sonnabend’) is the sixth day of the week according to international and national counting, which plays a special role in German-speaking countries and especially under German law. While in everyday language it is considered part of the weekend, numerous laws and regulations contain precise definitions and stipulations relating to Saturday in the context of deadlines, working hours, business hours, and other legal matters.
Saturday and statutory deadlines
Saturday as a working day
German law explicitly counts Saturday as a working day, unless otherwise specified. The term ‘Werktag’ (working day) is used in various legal provisions, for example for the calculation of deadlines and determination of business hours. According to Section 193 of the German Civil Code (BGB), Saturday is generally counted as a working day. This is particularly significant in civil law and administrative law.
Section 193 BGB – Sundays and Public Holidays, Saturday
According to Section 193 BGB (‘If the end of a period falls on a Sunday, a public holiday, or a Saturday, the period ends at the end of the next working day.’), Saturday is treated like a Sunday or public holiday in the calculation of certain deadlines if the law so provides. This applies, for example, to grace periods in civil law or acceptance deadlines for offers. In other respects, Saturday counts as a working day, particularly for the calculation of delivery and performance periods.
Special provisions in the Code of Civil Procedure (ZPO) and other procedural codes
In civil procedure and administrative procedural rules, for example in the ZPO or the Fiscal Code (AO), it is regulated that documents can also be filed on Saturdays, provided that there is no special extension of deadlines due to Sundays or public holidays. Certain deadlines, such as the expiration of the period for a statement of defence, may, however, be extended if they fall on a Saturday.
Saturday in employment law
Working Hours Act (ArbZG) and Saturday work
The Working Hours Act (ArbZG) refers to Saturday when establishing daily and weekly working hours. Section 3 ArbZG provides for a maximum daily working time of eight hours, whereby Saturday is considered a regular working day in most occupations.
Part-Time and Fixed-Term Employment Act (TzBfG)
In the area of part-time employment, Saturday can be relevant for the distribution of working hours over the days of the week. Contracts should clearly specify whether and to what extent work on Saturday is required, especially in the case of part-time employees.
Store opening and Closing Law
The Shop Closing Act and the shop opening laws of the federal states contain established regulations on store opening times on Saturdays. The regulations vary by state, but they share the characteristic that Saturday is generally considered a working day and allows for certain opening times, usually extending into the afternoon or evening.
Special features: Compulsory vocational school attendance and training
Within the framework of dual vocational training, the question of attending vocational school on Saturday is regulated both in the Vocational Training Act (BBiG) and in state-level provisions. Vocational schooling on Saturdays is not generally excluded, but many federal states treat it as an exception.
Saturday in tenancy law
In tenancy law and housing, deadlines are generally referenced to working days, so Saturday is also typically treated as a working day here. This is relevant, for example, for the receipt of terminations, deliveries, or for dates for the return and handover of rental premises.
Saturday in tax and administrative law
In tax law and administrative procedures, Saturday is also a highly relevant working day. Deadlines for submitting tax returns, objections, or other applications are generally calculated in working days and are extended according to Section 108 (3) Fiscal Code if the end of the deadline falls on a Saturday, until the next working day.
Saturday in commercial and business transactions
Bank business day
In national and European payment transactions, Saturday plays a significant role, as it regularly does not count as a banking day. Payment transactions halt on Saturdays, which is important for the due date and value date of transfers and direct debits. Many banks do not process transactions on Saturdays.
Delivery and postal transit times
In mail and parcel services, Saturday can be considered a working day with regard to deliveries. Postal deliveries are often also made on Saturdays, but this is not obligatory and depends on the respective service conditions.
Saturday as a day of rest and protection provisions
Youth Protection Act (JuSchG) and Maternity Protection Act
The Youth Protection Act contains provisions regulating work on Saturdays for young people. The Maternity Protection Act also provides special protective provisions for expectant and nursing mothers regarding Saturday work. According to these, work on Saturdays is regulated or requires approval.
International law and differences from other legal systems
Internationally, Saturday is not considered a working day in every country. In various countries, for example in Israel and parts of the Islamic world, Saturday is a statutory day of rest. Under German law, however, the principle remains that Saturday is generally a working day unless special statutory provisions provide otherwise.
Summary and significance of Saturday in law
Saturday is a working dayin most cases under German law. Only for certain deadlines and individual areas of law is it treated like a Sunday or public holiday, particularly affecting the calculation of deadlines in civil and administrative law. In other legal areas, particularly employment and commercial law, Saturday as a working day has a variety of practical and legal implications. Exceptions and special regulations should always be examined in the wording of the relevant law. The reliable classification of Saturday in the legal context thus remains a significant aspect for the practical application of law.
Frequently asked questions
How is Saturday treated in German employment law?
In German employment law, Saturday is legally a working day (Section 3 (2) Federal Vacation Act, Section 193 BGB). For the calculation of deadlines that are based on working days, Saturday is included unless Sundays or public holidays are expressly excluded. However, since the Working Hours Act (ArbZG) came into force, regular working hours are usually set from Monday to Friday, but Saturday work is permitted if stipulated by collective agreements, individual contracts, or operational requirements. Saturday work is common, particularly in retail and certain service sectors. The Working Hours Act generally allows the distribution of working hours across working days from Monday to Saturday, whereby the daily working time must not generally exceed eight hours, unless compensation is possible within six calendar months. Stricter protective provisions generally apply to Sundays.
Is Saturday included when calculating statutory deadlines?
According to Section 193 BGB, Saturday is generally counted as a working day when calculating statutory deadlines. This means that deadlines ending on a given working day may also end on a Saturday. However, if a deadline ends on a Saturday that is not a working day within the meaning of the relevant regulation – for example, for payments or in civil procedure law – the deadline may be extended to the next working day (usually Monday). The crucial point is always the specific legal basis that applies to the relevant area of law or to the specific deadline. In some special statutory provisions, such as Section 188 BGB or stock corporation law, there are corresponding modifications.
Is Saturday a regular working day in the public sector?
In the public sector, the working week is usually set for the weekdays Monday to Friday in collective agreements, but Saturday work can be scheduled by duty rosters or operational necessity according to the TVöD (Collective Agreement for the Public Service). Especially in shift work, utilities, the police, fire department, or health institutions, Saturday work is frequently part of the regular duty roster. Allowances or compensatory time off may be provided for Saturday work, and the extent can be found in the relevant collective agreement.
How is Saturday assessed in tenancy law in relation to notice periods?
In tenancy law, notice periods are calculated in months in accordance with Section 573c BGB. This means that notice must be received by the landlord by the third working day of a month for that month to be counted. Here, Saturday is expressly to be considered a working day, even if the law firm or landlord’s office is closed on Saturday. If the third working day falls on a Saturday, notice must be received at the latest on that day. The only exception is when statutory holidays or Sundays are involved.
Are there supplements for work on Saturdays?
According to the Working Hours Act itself, there is no statutory entitlement to a Saturday supplement. However, collective agreements, works agreements or employment contracts may provide for supplements for work on Saturdays, particularly in retail, transport, or the service sector. The amount and conditions for such a supplement arise from the respective collective or employment contract. Only supplements for Sunday, public holiday, and night work are regulated by law (Section 6 (5) ArbZG).
What special features apply to Saturday with regard to banking transactions and payment deadlines?
In payments, Saturday is often not a business day under the banks’ general terms and conditions. Payment orders received on a Saturday are usually processed on the next working day (generally Monday). This is particularly relevant for transfers or direct debit settlements. Within the framework of payment services and SEPA transfers, Saturday is regularly not an execution day. It is therefore advisable to initiate payment transactions in good time, taking processing times into account, if deadlines fall on a Saturday. In legal disputes, it may be relevant whether receipt or execution on a Saturday is recognized as timely.
Is Saturday considered as a deadline day under commercial law?
Yes, according to the general deadline rules of the HGB and BGB, Saturday is to be counted as a working day when calculating deadlines. This applies in particular to delivery deadlines, payment obligations, or complaint deadlines in commercial transactions. If the deadline falls on a Saturday, performance is considered timely if made on that day—unless otherwise agreed by contract, commercial practice, or by law. Here too, there may be deviations in individual cases due to specific special regulations, for example in freight and forwarding law.
