Service Finder
Request different rest period
Service Description
In the following constellation, you can apply to the Thuringian State Office for Consumer Protection for approval of a different duration and location of the rest period. Employees must have an uninterrupted rest period of at least eleven hours after the end of the daily working time:
The Thuringian State Office for Consumer Protection may grant a duration and location of the rest period in the public service that deviates from the regulations on working time) if the employees are employed with work readiness, on-call duty and on-call duty.
Public service means the administrations and enterprises of the Federal Government, the Länder, the municipalities and other corporations, institutions and foundations under public law. This includes federal and state ministries, their subordinate authorities, other authorities and the administrations of local authorities.
Establishments and enterprises in which the public sector holds a majority interest but which operate in a market economy like any other enterprise (fiscal establishments) are not eligible for exemption.
Process flow
Since the exemption can only be granted upon application, you must submit a corresponding application to the Thuringian State Office for Consumer Protection and enclose all documents required for a decision on your application.
The documents submitted by you will be checked for completeness and conclusiveness and, if necessary, additional documents will be requested.
If you meet all the requirements, approval can be granted. You will then receive a corresponding notice of approval.
If you do not meet the requirements, you will receive a rejection notice.
Who should I contact?
Contact your responsible regional inspectorate of the Thuringian State Office for Consumer Protection (TLV), Department of Occupational Safety and Health.
Requirements
- An exceptional approval can only be considered if the employees are employed on standby duty, on-call duty and on-call duty in the public service. The authorization must take into account the special features of a corresponding utilization in public service. These special features are characterized by the fact that flexible deployment of employees must be necessary either for reasons of public safety and order or for reasons of public service.
- The granting of a deviating rest period depends on the circumstances of the individual case. The decisive factor is that the health of the employees is not impaired. An exemption can only be granted if, in the course of weighing up the interests of protecting the safety and health of employees and the operational interests of the employer, the latter outweigh the former.
Which documents are required?
- Precise information on the activity, number of employees for whom a permit is to be issued and design of on-call schedules
- contact person with contact details
- Risk assessment (in particular also with regard to mental stress due to the deviating location of the rest period)
- Opinion of the company physician
- Statement of the staff council (if available)
- Evidence that flexible deployment of employees is necessary either for reasons of public safety and order or for reasons of public interest
- Schedules for night shifts, showing in particular the possibilities for breaks
What are the fees?
none
What deadlines do I have to pay attention to?
There is no statutory deadline for submitting the application.
However, you should submit the application in good time, at least four weeks before the start of the requested deviation from the regulations on rest periods.
The permits are usually limited in time.
Processing duration
Depending on the examination effort (usually a few weeks after submission of the complete documents)
Applications / forms
Objection
Detailed information on how to file an appeal can be found in the decision on your application for a different rest period.
Appeal
- Forms: none
- Online procedure possible: yes
- Written form required: no
- Personal appearance required: no
What else should I know?
To simplify communication and speed up the process, you should name a contact person at your company and provide their contact details when submitting the application.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry of Labor, Social Affairs, Health, Women and Family (TMASGFF)
Professionally released on
13.07.2023
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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