Applying for a different rest period

Employees must have an uninterrupted rest period of at least 11 hours after the end of the daily working time. As an employer, you can apply for rest periods that deviate from the regulations on working hours for your employees in your company under certain conditions, 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
• for shift work twice within 3 weeks 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.

The exception is at the discretion of the employer. You are not entitled to an exemption.

Requirements

• The employees are employees on standby, on-call duty or on-call duty in the public service of general interest or public safety and order or there is a shift operation.

What documents do I need?

• Risk assessment (particularly with regard to mental stress due to the different position of the rest period)
• Statement from the company doctor
• Statement from the staff or 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, which in particular also show the break options
• Proof that the deviating rest period enables a regular weekly shift change
• The competent supervisory authority may request further information and documents if necessary.