Applying for an exemption from the ban on overtime and night work
Description
You are prohibited from employing a pregnant or breastfeeding woman in night work or overtime.
In addition, you may not employ pregnant or breastfeeding women in the following activities:
- assembly line work
- piecework
- Other work in which higher pay can be achieved in return for a higher pace of work
You can apply for an exemption from the authority responsible for occupational health and safety.
Night work is defined as work between 10 pm and 6 am. Pregnant or breastfeeding women in training are excluded from night work.
If you employ a pregnant or breastfeeding woman aged 18 or over, this is referred to as overtime if she:
- over 8.5 hours a day
- over 90 hours in a double week (including Sundays)
- the contractually agreed weekly working hours exceed the monthly average
works more than the monthly average.
If you employ a pregnant or breastfeeding woman under the age of 18, this is considered overtime if she:
- over 8 hours a day
- over 80 hours in a double week (including Sundays)
- the contractually agreed weekly working hours exceed the monthly average
works more than the monthly average.
If there are other employers in addition to you, the working hours must be added together.
- You can only submit the application if you are an employer.
- The pregnant or breastfeeding woman expressly declares her willingness to do so.
- A medical certificate must not speak against night work, overtime, piecework or continuous flow work.
- An irresponsible risk to the pregnant woman due to working alone, the type of work and the pace of work is excluded.
- An irresponsible risk to the child due to working alone, the type of work and the pace of work is excluded.
- Medical certificate
- Declaration of consent from the pregnant or breastfeeding woman. The woman can revoke her declaration at any time.
The fees are charged on a time and material basis. Please enquire at the supervisory authority responsible for your federal state about the processing fees incurred.
The exact costs will be determined following approval.
The application must be submitted by the pregnant or breastfeeding woman before taking up employment.
The processing time depends on the individual case determination.
Contact the State Office for Consumer Protection.
You can apply in writing for permission to be exempted from the ban on overtime, night work, flow work and piecework.
You can apply for approval in writing:
- Describe your request informally.
- Send your application to the local authority responsible for occupational health and safety, including the necessary documents and evidence.
- If the documents or information required for processing are incomplete, you will be contacted immediately by the processing department.
- The local competent authority will check the documents and the circumstances of the individual case.
- If approval is granted, you will receive a notice of approval and only then may the woman be employed. The approval notice can be
conditions that must be observed during employment.
- If the conditions for approval are not met, you will receive a rejection. You will receive a notice of rejection.
This procedure for authorizing an exception to the ban on overtime, night work, continuous flow work and piecework does not replace notification in accordance with the Maternity Protection Act. Please use the forms available for this purpose.
§ Section 29 (3) no. 1 Maternity Protection Act (MuSchG)
https://www.gesetze-im-internet.de/muschg_2018/__29.html
§ Section 29 (3) no. 8 Maternity Protection Act (MuSchG)
Free and Hanseatic City of Hamburg
Authority for Justice and Consumer Protection (BJV)
- Office for Occupational Safety and Health -
03.08.2022
The text was automatically translated based on the German content.
06112 Halle (Saale), Stadt
Remark: The head office is located in Halle (Saale). The addresses of the individual locations can be found on the website of the State Office for Consumer Protection.
Monday 07:00 - 16:00
Tuesday 07:00 - 16:00
Wednesday 07:00 - 16:00
Thursday 07:00 - 16:00
Friday 07:00 - 15:30
Saturday closed
Sunday closed
