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Starting tomorrow, Wednesday, the stores will close at 7:00 p.m. After a week back and forth, the social partners got their application. Gas stations, vending machines, points of sale in train stations and airports (each with a sales area of no more than 80 square meters) are excluded from the regulation that will take effect on November 11 at midnight.
“This restriction of opening hours is intended to ensure that purchases are made in time before the start of the exit restriction, so that the objective of the ordinance of the greatest reduction can be taken into account in the best possible way possible of mobility in the evening and at night, “the ministry said in its broadcast. This would give customers and employees enough time to get to their private area on time. “The objective of this regulation is, therefore, to support the fulfillment of exit restrictions and thus achieve a further reduction of all unnecessary social contacts.” Exit restrictions only apply until November 12, but an extension of another 10 days is practically fixed.
Closing time earlier one week after departure restrictions: “Trauerspiel”
If it were up to the union and the Chamber of Commerce, the regulation should have gone into effect last week. One trade unionist described the fact that it had taken so long as a “tragedy”. With the early closure of the stores, the GPA-djp union wanted to give predominantly female shop employees the opportunity to be home in time for the start of exit restrictions. The Chamber of Commerce also agreed to the temporary restriction of opening hours, as it had already demonstrated during the first closing. The two were pleased on a joint broadcast Tuesday that the regulation is yet to come.
Large supermarket chains in particular have reportedly spoken out against an early closure. Retail group Spar openly criticized the plans the previous week. “We believe that shortening the opening hours does not make sense. It does not help anyone. From an epidemiological point of view, it is better if the people who buy are spread over more hours. And since you can go home from work at any time and use public transportation does drive, it’s not a problem for employees either, “Spar spokeswoman Nicole Berkmann told the APA on Tuesday. But if a regulation really does come, Spar will of course implement it, so will Berkmann.
Rewe (Billa, Merkur, Penny, Bipa, Adeg) and Hofer had also announced in advance that they would adjust their opening hours, if the government so decided. Several large shopping centers, as well as the furniture chain Ikea, already voluntarily adjusted their hours last week and will close earlier.
Early closure: lawyers warned of constitutional problems
But the previous closing time was also questionable from a legal point of view. The lawyers warned of constitutional problems. Lawyer Georg Krakow admitted in the “Standard” last week that there are clear exceptions in the regulation of protective measures with regard to the curfew from 20.00 hours for professional purposes, but also to cover the basic needs of the company. daily life. It cannot be argued that explicitly allow purchases on the one hand, but on the other hand close stores earlier by ordinance. In addition, there would be an unequal treatment that is difficult to explain with the rest of the employees who are allowed to stay longer in the office for professional reasons, according to the former prosecutor.
The fact that the Ministry of Health is now making a distinction between commercial and service companies is explained by the fact that service companies would work almost exclusively by appointment and therefore could precisely control customer flows. As a result, comparatively few clients are present there at the same time. In the retail sector, it is more difficult to control the frequency and flows of customers specifically, according to the ministry. It is not uncommon for large numbers of customers to enter stores shortly before closing time.
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