Service Finder
Maternity protection: request employment of pregnant or breastfeeding women between 8 p.m. and 10 p.m.
Service Description
By way of derogation from Section 5 (1) sentence 1 of the MuSchG, the supervisory authority may, at the employer's request, approve the employment of a pregnant or breastfeeding woman between 8 p.m. and 10 p.m. in accordance with Section 28 of the MuSchG.
The procedure facilitates the continued employment of the pregnant / nursing woman, and is thus in the common interest of the woman and the employer.
Process flow
The application in accordance with § 28 MuSchG requires a prior special examination of the permissibility of employment between 8 p.m. and 10 p.m. by the employer on the basis of the documents named below.
The employer shall submit all necessary documents enabling the supervisory authority to examine the application. The supervisory authority shall notify the employer immediately upon receipt of the application if the documents required for the application under Section 28(1) of the Maternity Protection Act are incomplete.
As long as the supervisory authority does not reject the application or does not provisionally prohibit employment between 8 p.m. and 10 p.m., the employer may employ the woman under the conditions of Section 28 (1) MuSchG. The supervisory authority may provisionally prohibit employment insofar as this is necessary to ensure the protection of the health of the woman or her child.
The supervisory authority may approve or reject the application in accordance with Section 28 of the Maternity Protection Act, provisionally prohibit employment or allow the fictitious approval to take effect.
Who should I contact?
Contact your responsible regional inspectorate of the Thuringian State Office for Consumer Protection (TLV) Department of Occupational Safety.
Requirements
The applicant has to prove the existence of the prerequisite according to § 28 MuSchG.
Which documents are required?
The application must contain (corresponding forms for the required documents are available under item 3e: Link
- Declaration of readiness of the woman,
- a medical certificate stating that there is nothing to prevent the woman from working until 10 p.m., and
- Confirmation from the employer that, in particular, there is no irresponsible risk to the pregnant woman or her child from working alone.
The application must be accompanied by documentation of the assessment of the working conditions in accordance with Section 14, Paragraph 1 of the MuSchG.
It is recommended that the form for risk assessment deposited under item 3e be used to document the necessary protective measures in accordance with Section 10 Paragraph 2 Sentence 1 MuSchG and the result of their review in accordance with Section 9 Paragraph 1 Sentence 2 MuSchG.
What are the fees?
The decision on the application is subject to a fee. This also applies in the case of fictitious approval.
What deadlines do I have to pay attention to?
If the supervisory authority has not made a decision within six weeks of receipt of the complete application documents, approval is deemed to have been granted in accordance with Section 28 (3) of the German Maternity Protection Act (MuSchG) and the application is deemed to have been approved.
Applications / forms
You can appeal against the decision on your application in accordance with the Administrative Court Code (objection, action before the Administrative Court if necessary).
Appeal
The application can be made informally. It is recommended to use the application according to § 28 MuSchG.
What else should I know?
Irrespective of a concrete or known pregnancy, the employer must determine all risks in a risk assessment independent of the occasion before taking up an activity.
As soon as a woman has informed the employer that she is pregnant or breastfeeding, the employer must immediately determine the protective measures required in accordance with the risk assessment pursuant to Section 10 (1) MuSchG.
In addition, the employer shall offer the woman a discussion about further adjustments to her working conditions.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Thuringian Ministry of Labor, Social Affairs, Health, Women and Family (TMASGFF)
Professionally released on
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Thüringer Landesamt für Verbraucherschutz (TLV) - Regionalinspektion Mittelthüringen
Address
99099 Erfurt
Parking spaces
Besucherparkplatz
Number: 10
Fees: no
