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Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a different rest period

Description

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.

  • 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.
  • 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.

You can lodge an appeal against the decision with the competent administrative court within one month of notification.

Please contact the State Office for Consumer Protection.

You apply for approval in writing in the following steps:

  • You submit a corresponding application to the State Office for Consumer Protection.
  • You submit all the documents required for a decision on your application.
  • The State Office for Consumer Protection checks the documents for completeness and requests additional documents if necessary.
  • If you meet all the requirements, you will receive a corresponding approval notice.
  • If you do not meet the requirements, you will receive a rejection notice.

You will receive a notification of fees.

Federal Ministry of Labor and Social Affairs (BMAS)

;

Ministry of Labor, Social Affairs, Health and Equality of the State of Saxony-Anhalt

28.10.2022;06.11.2023

The text was automatically translated based on the German content.

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