Applying for longer daily working hours

Under certain conditions, as an employer you can have an exception granted for longer daily working hours for employees in your company.

To do so, you must submit an informal application. The deviating working hours must be justified.

A deviation from the regulations on working hours is possible for

• continuous shift operations
• Construction and assembly sites
• Seasonal and campaign operations

For continuous shift operations, you may be granted longer daily working hours in order to obtain additional shifts off.

Longer working hours in excess of 8 hours can also be approved for construction and assembly sites.

For seasonal and campaign businesses, you may be granted longer daily working hours for the duration of the season or campaign.

The increase in working hours must be compensated by a corresponding reduction at other times.

For reasons of occupational health and safety, daily working hours of more than 12 hours are generally not permitted.

Exceptions are at the discretion of the competent authority.

You are not entitled to an exemption.

Requirements

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

• For continuous shift operation, if additional free shifts 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 they 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.

You can only apply for approval if you are an employer.

What documents do I need?

• For all companies:
  
  • Reasons why longer working hours are necessary
  • 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 on the effects of longer working hours in relation to the workplace and the planned activities
  • Statement from the works council (if available)
• Additionally for continuous shift operations:
  
  • Duty/shift schedules showing that the extension of working hours results in additional shifts off
  • Schedules for day and night shifts, which also show the opportunities for breaks
• Additionally for construction and assembly sites:
  
  • Risk assessment supplemented by information on the type and severity of the work, in particular due to strain when lifting and carrying as well as forced postures and one-sided movement
  • noise exposure at the workplace
  • organization of working hours
  • Distance between place of work and place of residence
  • Length of rest period at home (including overnight accommodation)
• Additionally for seasonal and campaign operations:
  
  • Risk assessment supplemented by information on the type and severity of the work, in particular due to strain when lifting and carrying as well as forced postures and one-sided movement
  • Information on the season or campaign
  • Organization of working hours with shift schedules
  • Period in which working hours are compensated by shortening them