Apply for deviating regulations for shift operation

As an employer, you can, under certain conditions, apply for employees in your company to be granted working hours that deviate from the regulations on working hours.

As an employer, you can apply for authorization for longer daily working hours for your employees under certain conditions.

Authorization is provided for by law for

• continuous shift operations
• Construction and assembly sites
• seasonal and campaign operations
• special activities for the construction, modification or operation of structures, artificial islands or other installations at sea (offshore activities).

The regional councils are responsible.

Please contact the regional council responsible for you.

• For all companies:
  • Details of the activity
  • Number of employees for whom a permit is to be issued
  • Contact person in the company with contact details
  • Risk assessment, in particular with regard to mental stress caused by longer working hours
  • Statement from the company doctor
  • Statement from the works council (if available)
• Additionally for continuous shift operations:
  • Duty or shift schedules showing that the extension of working hours will result in additional shifts off.
  • Schedules for day and night shifts, showing in particular the possibilities for breaks.
• Additionally for construction and assembly sites:
  • Information on the nature and severity of the work
  • Organization of working hours
  • Distance between place of work and place of residence
  • Duration of rest period at home
• Additionally for seasonal and campaign companies:
  • Information on the season or campaign
  • Organization of working hours
• Period in which working hours are reduced

You can apply to extend the daily working hours of your employees under the following conditions:

• For continuous shift operation, if additional shifts off are achieved. Additional shifts off are deemed to exist if the extension of working hours means that the employees concerned have more consecutive days off than before.
• For construction and assembly sites, particularly relevant if the place of work is far away from the employees' place of residence and the employees are guaranteed a correspondingly longer rest period at their place of residence for the extended working hours at the construction or assembly site.
• For your seasonal or campaign operation, if there is an exceptional workload for the particular season that cannot be absorbed by other organizational measures.

Action before the administrative court

You can apply in writing for approval for deviations from shift work.

• You submit an informal application.
• You send this to the local authority responsible for occupational health and safety, including the necessary documents.
• If the documents or information required for processing are incomplete, you will be contacted by the processing department.
• The local competent authority will review the application.
• Once the official review has been completed, you will receive a notice of approval or a notice of rejection.
• The local authority responsible will send you the decision by e-mail or post.
• The notification of fees will usually be sent to you later.

The decision of the competent health and safety authority is made at its own discretion.
This decision involves weighing up the interests of protecting the health and safety of employees against the operational interests of the employer.

• There is no time limit.
• If you have submitted an application, extended working hours are only permitted once you have received approval. Retroactive approval cannot be granted.

The processing time depends on the amount of work involved in the examination. As a rule, you will receive your decision a few weeks after you have submitted all the documents.

• A fee is payable for the granting of the permit or the rejection of your application. The fees are country-specific and are calculated according to administrative costs or depend on the number of employees you wish to deploy.

Night work and shift work are regulated by the Working Hours Act.
If there are other reasons, these will be examined and longer working hours approved if necessary.