A German court has ruled that robots can¡¯t work on Sundays.?The ruling doesn't appear to be about granting machines a day off; instead, it's based on a religiously inspired rule introduced into the German constitution in 1919. This rule dictates that people, and consequently businesses, should abstain from working on Sundays.
A German court has ruled that robots working long hours in supermarkets are entitled to a day of rest, just like their human counterparts. This decision upholds a centuries-old ban on Sunday commerce.
Tegut, a regional chain currently experimenting with around 40 fully automated stores, became involved in a legal dispute after the service sector union Verdi argued that keeping these shops open could negatively impact human workers.
The highest administrative court in the state of Hesse agreed with this argument, stating that the innovative new stores, which have been operating for the last four years, should be required to close on Sundays. This ruling was based on a 1,700-year-old Christian principle of 'Sunday rest', which has been enshrined in the constitution since 1919.
Thomas St?b, a board member of Tegut, criticized the ruling, calling it 'entirely grotesque' in an interview with the Financial Times. He argued that the stores were essentially 'walk-in vending machines'. St?b highlighted that Sundays accounted for approximately 25-30 per cent of the automated stores' weekly trade.
On the other side, the Verdi union contested the success of such shops, expressing concerns that it could lead to further relaxation of Sunday trading rules. They argued that workers need the guaranteed day off to spend time with their loved ones.
Tegut, a Swiss-owned supermarket based in Fulda, operates approximately 300 conventional stores nationwide and has been exploring innovative expansion methods with its 40 'teos'.
The 'teos', named in tribute to the chain's late founder, Theo Gutberlet, function much like regular stores. Customers can browse and pay through self-checkout after presenting their ID at the entrance.
St?b noted that they observed higher rates of shoplifting without human security, but the profits outweighed the losses.
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These 'teos' provided the brand with a workaround for Germany's stringent trading regulations, which mandate stores to close by 6:30 pm on weekdays and prohibit Sunday shopping, with a few exceptions.
Since the late 1980s, some flexibility has been introduced, allowing for variations in operating hours at certain times of the year. Regulatory powers have also been devolved to Germany's 16 states.
While train stations, airports, and petrol stations may still operate on Sundays, there is some disparity between the law and actual operating hours.
The perceived relaxation of these rules has faced opposition from unions and religious groups, who argue that Sunday should remain a day of rest.
Philip B¨¹ttner, an official at KWA, an affiliate of the Protestant Church lobbying against Sunday trading, emphasized the need for a special day each week to celebrate Christian spirituality and share experiences with loved ones.
Stefan Naas, head of the liberal FDP¡¯s parliamentary group in Hesse, argued that the current law is out of touch with reality, stating that selling basic items like milk and cream does not undermine the concept of a quiet Sunday.
Supporters of the new stores argue that their operation on Sundays could introduce competition with the limited number of petrol stations and souvenir stores allowed to open on weekends, benefiting consumers.
"More options besides kiosks and petrol stations could foster competition and reduce prices, benefiting consumers," said Jan B¨¹chel, an economist specializing in digitization at the German Economic Institute, speaking to Fortune.
"If technological advancements enable people to purchase items individually without requiring others to work for hours, then we should explore that potential," he added.
Following the December ruling against Tegut, the government of Hesse has signaled its willingness to establish a legal exemption for automated stores.
Stefan Naas told the Financial Times that he anticipates the issue will be resolved by summer 2024, describing the law as outdated.
The ruling currently only affects the region, allowing the so-called 'vending machines' to continue operating in other German states for the time being.
Tegut has halted the expansion of its successful automated supermarkets in the state.
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