Service Finder
Request exceptions from the Working Hours Act
Service Description
With the approval of the Thuringian State Office for Consumer Protection, you can deviate from the basic regulations on working hours to the extent approved. Such an exceptional approval of longer daily working hours can be granted if the legal requirements are met and you submit a corresponding application.
A deviation from the regulations on working hours is possible for continuous shift operations, construction and assembly sites as well as seasonal and campaign operations in accordance with Section 15 (1) No. 1 a, No. 1 b and No. 2 of the Working Hours Act (ArbZG).
For continuous shift operations, a longer daily working time can be approved in order to achieve additional free shifts. Additional free shifts exist if the extension of working hours results in more free consecutive days for the affected employees than before.
In the case of seasonal and campaign operations, longer daily working hours may also be approved for the period of the season or campaign if the extension of working hours is offset by a corresponding reduction at other times.
For reasons of health protection, daily working hours of more than twelve hours are generally not permitted for both continuous shift operations and seasonal and campaign operations.
It is not necessary to appear in person to submit the application. You can submit the application in writing or electronically.
The extension of daily working hours must be compensated by a corresponding reduction in working hours at other times.
You are not entitled to an exceptional approval. The decision of the Thuringian State Office for Consumer Protection is made according to dutiful discretion. Within the framework of this decision, a balancing of concerns for the protection of the safety and health of employees and the operational interests of the employer takes place.
The approval is granted for a limited period.
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
Upon application, an extension of the daily working hours may be granted under the following conditions:
- You can apply for approval of longer daily working hours for a continuous shift operation, i.e. an operation that works in several shifts around the clock, if this results in additional free shifts (Section 15 (1) No. 1 . a ArbZG). In addition to fully continuous shift operations, partially continuous shift operations are also covered.
You must prove how and how many additional free shifts can be achieved in your company through the longer daily working time.
Because the purpose of the approval of the deviation from the regulations on working time in § 15 para. 1 no. 1 . a ArbZG is the achievement of additional free shifts, the approval can only be granted if the individual employee has more free days available than without the extension of the daily working time.
- You may submit an application for approval of longer daily working hours for construction and assembly sites to be specifically named if, for example, the place of employment is far away from the employees' place of residence and the employees are guaranteed a correspondingly longer rest period at their place of residence for the extended working time at the construction or assembly site (Section 15, Paragraph 1, No. 1. B ArbZG).
Construction sites are temporary or mobile workplaces where building construction or civil engineering work is carried out.
Assembly sites are workplaces where, as a rule, prefabricated parts or assemblies are assembled, i.e. put together, to produce a finished end result.
- You can apply for approval of longer daily working hours for your seasonal or campaign operation if there is an exceptional workload due to the current season or campaign that cannot be absorbed by other organizational measures (§ 15 para. 1 no. 2 ArbZG).
Seasonal operations are operations that work throughout the year but in which, by their nature, exceptionally increased activity is required at certain times of the year, e.g. chocolate, honey cake and toy factories, tourism operations.
Campaign operations are operations that are limited by their nature to certain times of the year, e.g., beet sugar and fruit canning factories, fish smokehouses. As a rule, they must be able to process the natural products produced at a particular time in the shortest possible time so that they do not spoil.
- The extension of the working time depends in all cases on the circumstances of the individual case. The nature and severity of the work, the extent to which the employee is prepared to work, etc. play a role. The decisive factor is that the health of the employees is not impaired. An exemption can only be granted if the health and safety of employees is outweighed by the interests of the employer.
- In addition, the working time of the employees must be balanced out again to the maximum permissible working time of 48 hours per week on average over six calendar months or 24 weeks.
Which documents are required?
For all establishments:
- Information on the activity
- Number of employees per shift for which a permit is to be issued
- Details of the specific period
- Contact person in the company with contact details
- Risk assessment (especially with regard to mental stress caused by longer working hours)
- Statement of the company physician
- Statement of the works council (if available)
- Working hours or company agreement
- How are rest breaks distributed?
In addition, in the case of continuous shift operations (§ 15 Para. 1 No. 1 lit. a ArbZG)
- Duty/shift schedules showing that additional free shifts will result from the extension of working hours
- Number of free shifts
- Reasons for requesting a permit.
- Advantages and disadvantages of the requested and the existing working time system
- Details of the weekly working time
Additionally for construction and assembly sites (§ 15 para. 1 no. 1 lit. b ArbZG)
- Information on the type and severity of the work
- Design of the working time
- Concrete construction site with distance between place of work and place of residence
- Duration of the rest period at the place of residence
- Reasons for applying for a permit
- Advantages and disadvantages of the requested and the existing working time system
- Details of the weekly working time
In addition, in the case of seasonal and campaign operations (§ 15 Para. 1 No. 2 ArbZG)
- Information on season or campaign (reasons)
- Design of the working time
- Period in which the working time is reduced
- Advantages and disadvantages of the requested and existing working time system
- Information on weekly working time
What deadlines do I have to pay attention to?
There is no statutory deadline for submitting the request.
However, the application should be submitted in good time, at least four weeks before the start of the requested deviation from the regulations on working hours.
The approvals are usually limited in time.
Processing duration
Depending on the examination effort (usually a few weeks after submission of the complete documents).
Applications / forms
Appeal
Detailed information on how to file an appeal can be found in the decision on your application for a different longer daily working time.
Appeal
- Forms: none
- Online procedure possible: yes
- Written form requirement: 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
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)