Applying for a different rest period

Under certain conditions, as an employer you can obtain permission for employees in your company to have rest periods that deviate from working time regulations.

In principle, employees have their tried and tested 8-hour day. After the end of the working day, employees are entitled to an uninterrupted rest period of 11 hours. Under certain conditions, as an employer you can have rest periods for employees in your company that deviate from working time regulations approved by the competent supervisory authority in your federal state, namely

• for standby duty, on-call duty and on-call duty in the public sector, if there are special circumstances, for example for winter services, and
• twice within 3 weeks for shift work in order to achieve a regular weekly shift change. This applies both to the rest period after work on weekdays and after work on Sundays and public holidays.

You are not entitled to an exemption permit.

Please contact the responsible regional council.

• Risk assessment (in particular with regard to mental stress due to the different position of the rest period)
• Statement from the company doctor
• Statement from the works council (if available)
• Proof that flexible deployment of employees is necessary either for reasons of public safety and order or for the provision of services of general interest
• Schedules for night shifts, showing in particular the opportunities for breaks
• Proof that the deviating rest period enables a regular weekly shift change

The responsible occupational health and safety office can request further information and documents if required.

• Your employees are employees on standby, on-call duty or on-call duty in the public service of general interest or public safety and order.

Action before the administrative court

Shorter rest periods are only permitted once a permit has been issued. A retroactive permit cannot be issued.

• The granting of the permit or the rejection of the application is subject to a fee. The fees are calculated according to the administrative costs or depend on the number of employees to be deployed.

There are no indications or special features.