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Maternity protection: apply for exemption from the ban on overtime and night work

Service Description

You are prohibited from employing a pregnant or breastfeeding woman in night work or overtime.
You are also prohibited from employing pregnant or breastfeeding women in the following activities:

  • Assembly line work
  • piecework
  • clocked work, which leads to danger due to the prescribed pace of work
  • Other work in which a higher rate of pay can be obtained in return for a higher rate of work.

You can apply for an exception to this rule to the competent authority if urgent reasons require a deviation in an individual case and you can prove that despite the deviation an irresponsible endangerment of the woman and her child is excluded.

Night work is referred to when employment between 10 p.m. and 6 a.m. is sought.
You are talking about overtime if you intend to employ a pregnant or breastfeeding woman of 18 years or older under the following conditions:

  • over 8.5 hours a day
  • over 90 hours in a double week (including Sundays)
  • the contractually agreed weekly working time exceeds the monthly average


For a pregnant or breastfeeding woman under 18 years of age, she is considered to be working overtime if she:

  • over 8 hours a day
  • over 80 hours in a double week (including Sundays)
  • the contractually agreed weekly working time exceeds the monthly average

works.

If there are other employers in addition to you, the working hours must be added together.

Process flow

You may apply in writing for an authorization for exemption from the prohibition of overtime, from the prohibition of night work or from the prohibitions on the pace of work.

You can apply for the permission in writing:

  • To do so, describe your request informally.
  • Send your application to the Thuringian State Office for Consumer Protection, including the required documents and evidence.
  • If the required documents or information for processing are incomplete, you will be contacted immediately by the processing department.
  • The Thuringian State Office for Consumer Protection will check the documents.
  • If the requirements for approval are fulfilled in the individual case, you will receive an approving notice.
  • Only then may employment deviating from the regulations take place.
  • If the requirements for approval are not met, you will receive a rejection.

Who should I contact?

Please contact the responsible regional inspectorate of the Thuringian State Office for Consumer Protection (TLV) Department of Occupational Safety.

Requirements

  • You can only submit the application if you are an employer.
  • It must be proven that an exceptional operational situation urgently requires the deviation in an individual case.
  • The documentation of the risk assessment in the individual case must prove that, despite the deviation, there is no irresponsible risk to the pregnant or breastfeeding woman and her child.
  • The pregnant or breastfeeding woman expressly agrees to this.
  • A medical certificate must not speak against night work and additional work.
  • An irresponsible endangerment for the pregnant woman and the child by working alone is excluded.

Which documents are required?

  • Evidence of the special requirement of the deviating employment in the individual case.
  • Documentation of the risk assessment
  • Medical certificate
  • Consenting declaration by the pregnant or breastfeeding woman. The woman can revoke her declaration at any time.

Legal basis

Applications / forms

Objection, lawsuit

Appeal

Written form required: Yes

Informal application possible: Yes

Personal appearance required: No

Online services available: No

What else should I know?

This procedure for granting exceptions to overtime or night work or to the pace of work does not replace the notification under the Maternity Protection Act. For this purpose, use the appropriately available forms or this online service.

Author

The text was automatically translated based on the German content.

Technically approved by

Thuringian State Office for Consumer Protection

Professionally released on

28.02.2023

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

No competent authority found

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