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Authority for Justice and Consumer Protection

Apply for a different rest period

Employees must have an uninterrupted rest period of at least 11 hours after completing their daily working hours Under certain conditions, as an employer, you can have rest periods for employees in your company that deviate from the...

  • Employees must have an uninterrupted rest period of at least 11 hours after completing their daily working hours
    • Under certain conditions, as an employer, you can have rest periods for employees in your company that deviate from the legal working time regulations approved
  • The exemption is only permitted twice within 3 weeks and applies to the rest period after working on weekdays as well as after work on Sundays and public holidays.
  • You can also apply for an exceptional permit for longer working hours for seasonal and campaign operations.
  • You can also apply for the exception for activities of special public interest and for offshore activities.
You are not entitled to an exemption.

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Address and contact information

Address

Authority for Justice and Consumer Protection
Department of Employee Protection
Billstraße 80 20539 Hamburg

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Facility info

Public transport

S2/S21 Rothenburgsort, Busse 120/122/124/130/160/224/530 Rothenburgsort

Important notes

Prerequisites

  • Your employees are employees who are on standby, on call or on call in the public service of general interest or public security and order.

Documents required

  • Risk assessment (in particular with regard to psychological stress due to the different location of the rest period)
  • Opinion of the company doctor
  • Opinion of the works council (if any)
  • Evidence that a flexible deployment of the employees must be necessary either for reasons of public safety and order or public services
  • Schedules for night shifts, from which in particular the break options are evident
  • Evidence that a regular weekly shift change is made possible by the deviating rest period
The Office for Occupational Safety and Health can request further information and documents if necessary.

Please note

To simplify communication and to speed up the process, you should name a contact person in your company when submitting the application and provide their contact details.

Deadlines

There is no legal deadline for submitting an application.

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Procedure & Fees

Procedure

You can apply for a special permit to deviate from rest periods in writing using the appropriate form.
  • You submit a corresponding application to the Office for Occupational Safety and Health
  • You submit all the documents required for a decision on your application.
  • The documents you submit will be checked for completeness and additional documents may be requested.
  • If you meet all the requirements, the permit can be granted.
  • You will receive a corresponding notification of approval.
  • If the requirements are not met, a rejection notice will be issued.
  • You will be sent a fee notice.
If you want to apply online for a special permit to deviate from rest periods:
  • Submit the ad through the online service.
  • The remaining procedural steps correspond to the written procedure.
  • Note: The online service is currently under development and will be made available to you soon.
The decision of the responsible office for occupational health and safety is made at its best discretion. Within the framework of this decision, the interests of protecting the safety and health of employees and the operational interests of the employer are weighed up.

Processing time

Depending on the examination effort (usually a few weeks after submission of the complete documents)

Fees

Cost framework: administration fee EUR 100 – 6,000

if applicable, delivery expenses

The exact costs will be determined after the approval and depend on the number of employees.

Legal notes

Downloads & Links

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