Prerequisites
You can apply to the responsible authority for an exception to the ban on night work and overtime work for pregnant or breastfeeding women if there are urgent reasons for a deviation in the individual case and you can prove that, despite the deviation, there is no irresponsible risk to the woman and her child.
- You can only submit the application if you are an employer.
- The pregnant or breastfeeding woman expressly agrees to work at night or overtime.
- A medical certificate does not speak against night work or overtime.
Documents required
- Medical certificate
- Declaration of consent from the pregnant or breastfeeding woman. The woman can revoke her declaration at any time.
Please note
This procedure for approving the exception to the ban on overtime and the ban on night work does not replace the notification under the Maternity Protection Act. To do this, use the appropriate forms available or the online service.
Night work is when the aim is to work between 10 p.m. and 6 a.m. Pregnant or breastfeeding women in training are excluded from night work.
If you employ a pregnant or breastfeeding woman aged 18 or older, overtime is considered to be overtime if she:
- over 8.5 hours daily
- over 90 hours in a double week (including Sundays)
- the contractually agreed weekly working hours exceed the monthly average
is working.
If you employ a pregnant or breastfeeding woman under the age of 18, overtime is considered to be 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
is working.
If there are other employers besides you, the working hours must be added together.
Deadlines
Deadline Type: Application Deadline
Duration (fixed time): 3 days