Authority for Justice and Consumer Protection

Request higher daily working hours

Prerequisites

As a continuous shift operation, you can request longer daily working hours to achieve additional days off. You can achieve this if the longer working hours mean that employees have more consecutive days off.

As a seasonal or campaign business, you can apply for longer daily working hours if there is an exceptional workload that you cannot handle through other organizational measures. The extension of working hours will usually be compensated by a corresponding reduction at other times.

In order to protect the health of your employees, daily working hours of more than 12 hours are not permitted for continuous shift operations as well as for seasonal and campaign operations.

As a construction or assembly site, you can apply for a longer daily working time beyond 8 hours without special requirements if

• the place of work is far from the place of residence of the employees and
• employees are guaranteed a correspondingly longer rest period at their place of residence for the extended working hours.

Documents required

• Disclosures relating to the activities
• Number of employees for whom a permit is to be issued
• Contact person in the company with contact details
• Risk assessment, particularly with regard to psychological stress caused by longer working hours
• Statement from the company doctor
• If available, statement from the works council

As a continuous shift operator, you must also submit the following documents:

• Duty/shift schedules that show that the extension of working hours will result in additional free shifts
• Schedules for day and night shifts, which also show the break options

As a seasonal or campaign business, you must also submit the following documents:

• Information about season or campaign
• Organisation of working hours
• Period in which working hours are reduced

As a construction or assembly site, you must also submit the following documents:

• Information on the nature and difficulty of the work
• Organisation of working hours
• Distance between place of work and place of residence
• Duration of rest period at place of residence

Please note

The decision of the Office for Occupational Safety and Health is made at its sole discretion.
This decision involves a balancing of interests relating to the protection of the safety and health of employees and the operational interests of the employer.

Deadlines

You need approval to increase your regular daily working hours. Submit your application at least 4 weeks before you want to increase your working hours.




The permits are usually limited in time.

Procedure

You can request longer daily working hours in writing or electronically.

• Submit your written application with all required documents to the responsible authority.
• Alternatively, you can use the online service.
• The responsible authority will examine your application and, if necessary, request further documents or information from you.
• The responsible authority will decide on your application.
• You will receive a notification.
• You will receive a fee notice.

Processing time

Processing usually takes a few weeks after you have submitted all the documents.

Fees

• Costs (variable) depending on the time required from 150 to 2,500 euros


• Delivery expenses may apply


• The exact costs will be determined after the approval.

Legal remedies

• Objection within one month after notification.


• An unsuccessful objection procedure is subject to a fee.

Legal basis

• § 15 paragraph 1 number 1 Working Hours Act (ArbZG)