No Sunday Service
Routinely chastised for the glacial pace of digitalisation, patchy internet, and reliance on outdated technology, Germany can sometimes feel a decade behind everywhere else. If Germany feels like the 2010s, the southern state of Bavaria is considered, half-jokingly, to be somewhere around 1900. It’s a gross exaggeration on both accounts of course, but there are moments where I wonder exactly which decade I’m living in. For instance, earlier this week I was told at a city centre coffee shop that they only accepted cash, I then found I couldn’t connect to a network on my phone as I attempted to find the closest cash machine, and all the while a group kids roller-bladed up and down the street in-front of me. Bavaria might not be living in 1910, but by all accounts we’re fluctuating on a continuum between 1992 and 2023.
The mockery directed towards Bavaria might seem unfair, but the highly conservative Bundesland can often be its own worst enemy. This was exemplified last year when a new employee-free automated supermarket was opened in Pettstadt. The Nahkauf-Box, from supermarket chain Rewe, was promoted as a 24/7 store which would allow customers to pick up their groceries and pay at any time, and all without the need for pesky human interaction. However, soon after opening, Rewe were told its new location would not be allowed to open on Sundays, as this would contravene Bavaria’s stringent Sunday retail laws. Shops aren’t allowed to trade on Sundays, barring a handful of Verkaufsoffener Sonntage (Shopping Sundays) per year, with the rules in place in part because of religious preferences in the heavily Catholic south, as well as union led protections for retail workers.
Closing an unstaffed automated store because of employee safeguards might seem overly zealous. Local officials did eventually relent and allow Rewe’s tiny shop to open seven days a week, but only after widespread public outcry and local political pressure. In many ways we should be delighted at this outcome. Bavaria has taken the next great leap in retail convenience, while also overcoming the bureaucratic nightmare that is German law. Moreover, no one considered it witchcraft or an affront to God, which in a state like Bayern, could be considered some kind of minor miracle.
Joking aside, the decision to force an unstaffed mini-mart to close under laws designed to protect the rights of retail employees is clearly worthy of ridicule, or is it? Bavaria isn’t the only state to strictly regulate Sunday shopping hours, all of the sixteen states have some form of regulation in place. They may differ on certain specifics, such as how many days can be reserved for Sunday trading per year, but they generally agree on the same principle: Sunday should not be for shopping. Results may vary across the country, but there are many examples of the strict enforcement of Sunday trading laws that seem just as preposterous as those in Petterstadt.
With local economies under intense pressure, retailers have looked at new ways to boost sales following two years of pandemic restrictions which devastated city centre trading. One logical suggestion has been to expand the amount of Sunday shopping days per year, often in conjunction with street food festivals, Mediaeval markets, or classic car rallies. By creating pop-up festivals attracting people into town and city centres, shop owners hope to benefit from a far larger footfall than usual. Although the naked consumerism is clear, there is at least a civic-minded aspect to these ideas, with hopes of boosting sales for all, rather than a privileged few. Regardless of the intentions behind these initiatives, many still fall foul of local regulations. The events will often go-ahead, but shops are nearly always refused permission to open.
Even when the local government is in favour of adding to the number of shopping Sundays, they may prefer to keep things as they are for fear of attracting legal challenges. When you go through the stories of cities pushing for more flexibility to Sunday trading, the name ver.di will frequently be mentioned. ver.di or the Vereinte Dienstleistungsgewerkschaft (United Services Union) covers many different areas, with the retail trade being only one of them. Whether due to lawsuits brought by the union or simply the mere threat of a lawsuit, city administrations would rather not rock the boat, and in so doing avoid lengthy and expensive litigation.
Retail and local governments are not the only ones frustrated by the strict enforcement of Sunday shopping laws, those of us who come from countries where Sunday trading is the norm also find it difficult. It can take some time to adjust to shops and supermarkets being closed on a Sunday. If you’re ever curious about the number of American or British people you might have living near you, hang around the nearest petrol station forecourt for a few hours on a Sunday. One of the few exceptions to Sunday trading laws are petrol stations, some of which will have a mini-mart attached. Wait long enough and you’re certain to come across some poor newcomer who’s woken up to discover they’ve ran out of milk, bread, coffee, or just food.
Along with Tankstellen, train stations are allowed to have retail outlets open on Sundays too, with many housing medium sized supermarkets. While this might sound like a simple solution for disorganised consumers, actually going to one of these places can be an ordeal. The ones I’ve visited usually employ security and only allow small numbers of people to enter at any one time, meaning long queues to get in. There aren’t many people who would count a trip to Lidl at the Hauptbahnhof as a form of retail therapy, and the experience alone should act as a reason to never forget that shops close on Sundays. In fairness to these establishments, I’ve only ever visited them under the duress of a horrific hangover, but any supermarket that needs to employ bouncers is probably not one you want to visit on the regular.
Beyond the social trauma of these ersatz options, there are good reasons for having more Verkaufsoffener Sonntage, but the larger argument for repealing all restrictions to Sunday shopping are less convincing. Advocates claim it will boost the economy, but they tend to ignore the benefits of having one day a week where all shops are mandated to close. Giving the vast majority of people one common day off per week allows people to attend family events or simply social occasions that they might otherwise miss. Moreover, those who support repeal seem to forget how quickly such ideas can snowball to a point where it’s not only Sundays that are ruined by rampant consumerism.
Coming from the UK, which has had Sunday trading since 1994, I understand how quickly things can shift. The creep of Sunday trading started with limited opening hours on Sundays, then it led to public holiday trading, and we’re now at a point where Sundays and public holidays are indistinguishable from any normal shopping day. Personally, I don’t know who this would benefit, other than the absent minded American or British consumer in Germany. Moreover, for those who bemoan the meddling of ver.di when it comes to attempts to boost Sunday openings, I would say beware what you wish for. Originally we were told in the UK that no one would be forced to work on Sundays, now almost all retail contracts require employees to make themselves available seven days a week.
Personally I have zero time for arguments about the rights of consumers or the plight of the inconvenienced, and even the economic justification seems to prefer money over societal good. In my experience arguments for universal Sunday shopping almost always come from people who’ve never worked a service industry job in their lives, and have little understanding of the negatives that come with 24/7 retail. I do have a lot of sympathy for shop owners though, especially those independent businesses that make city centres all the more interesting for their presence. Finding some third way that accommodates the needs of the retail sectors and assuages the fears of trade unions would be welcome, but it may take a long time before we see it, and it shouldn’t come at the cost of ruining one of the more appealing aspects of living in Germany.
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