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Source: BUS Sachsen-Anhalt (Linie6PLus)

Requesting a derogation from rest


In principle, employees have their proven 8-hour day. After work, you are entitled to an uninterrupted rest period of 11 hours. Under certain conditions, you as an employer can have employees in your company grant employees in your company periods deviating from working time regulations by the locally competent supervisory authority of your federal state, namely:

  • in the case of standby duty, on-call duty and on-call duty in the public service, if special circumstances exist, for example for winter services, and
  • in the case of shift workers, twice within 3 weeks in order to achieve a regular weekly shift change. This applies to rest periods after working days as well as after Sundays and public holidays.

You are not entitled to an exemption.

Please contact the State Office for Consumer Protection.

  • Your employees are employees who are on standby, on call or on call in the public service of general interest or public safety and order.
  • Risk assessment (in particular with regard to psychological stress caused by the deviating situation of the rest period)
  • Statement of the company doctor
  • Opinion of the staff delegation (if any)
  • Proof that flexible deployment of employees must be necessary either for reasons of public security and order or services of general interest
  • Schedules for night shifts, from which in particular the break possibilities can be seen
  • Proof that the deviating rest period allows a regular weekly shift change

The competent office for occupational safety and health can request further information and documents if necessary.

The text was automatically translated based on the German content.

Federal Ministry of Labour and Social Affairs (BMAS)

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