Requesting a derogation from the rules on working time Unfortunately this specification of service has not yet been completely translated.
Under certain conditions, the State Office for Environmental and Occupational Safety may, at the request of working time regulations, grant different working hours, i.e. longer daily working hours.
With the approval of the State Office for Environmental and Occupational Safety, you can deviate to the extent permitted from the regulations on working hours that must be observed in principle. Such an exemption permit for 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 in accordance with § 15 para. 1 no. 1 lit. a, no. 1 lit.b and no. 2 working time law (ArbZG) for continuous shift operations, construction and assembly stations as well as seasonal and campaign operations.
For continuous shift operations, a longer daily working time can be granted in order to achieve additional free shifts. Additional free shifts are available if, as a result of the extension of working hours, more free and continuous days are available for the employees concerned than before.
In the case of seasonal and campaign enterprises, longer daily working hours may also be granted for the period of the season or campaign if the extension of working time is compensated for 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 continuous shift operations as well as for seasonal and campaign operations.
For construction and assembly sites, a longer daily working time of more than eight hours can be granted without special conditions.
For the submission of the application, a personal appearance is not necessary. You can submit the application in writing.
The extension of daily working hours must be compensated for by a corresponding reduction in working hours at other times.
You are not entitled to an exemption permit. The decision of the State Office for Environmental and Occupational Safety is made at the dutiful discretion. In the context of this Decision, a balance is struck between the interests of protecting the safety and health of workers and the operational interests of the employer.
The authorisation is usually granted for a limited period.
For all companies:
- Information on the activity
- Number of workers for which a licence is to be granted
Contact person in the company with contact details
- Risk assessment (especially with regard to psychological stress due to longer working hours)
- Opinion of the company doctor
- Opinion of the works council (if available)
In addition, in the case of continuous shift operations (§ 15 para. 1 no. 1 lit. a ArbZG)
- Duty/shift schedules that prove that the extension of working hours creates additional free shifts
- Schedules for day and night services/shifts, from which in particular the break possibilities can be seen
In addition, at construction and assembly sites (§ 15 para. 1 no. 1 lit.b ArbZG)
- Information on the nature and severity of the work
- Organisation of working time
- Distance between place of work and place of residence
Duration of rest period at the place of residence
In addition, for seasonal and campaign operations (§ 15 para. 1 no. 2 ArbZG)
- Information on season or campaign
- Organisation of working time
- Period in which working hours are reduced
- Forms: none
- Online procedure possible: yes
- Written form requirement: no
- Personal appearance necessary: no
On request, an extension of the daily working time may be granted under the following conditions:
- You can for a continuous shift operation, ie a company, which works in several shifts around the clock, make an application for approval of extended workzei-th, if thereby additional free shifts are to be achieved (§ 15 Abs. 1 Nr. 1 lit. a ArbZG). In addition to fully continuous working companies, it also covers semi-continuous companies.
You must prove that how and how many additional free shifts in your company can be achieved by the extended working time.
Because the purpose of the granting of the deviation from the regulations on working hours in § 15 Abs. 1 No. 1 lit. a ArbZG is the achievement of additional free shifts, the authorization can only take place if the individual employee has more days off than without the extension of the daily working time.
- You can apply for authorisation of extended working hours for construction and assembly sites if, for.B example, the place of employment is far away from the place of employment of the employees and the employees are guaranteed a correspondingly longer rest period at the place of residence for the extended working time at the construction or assembly site (§ 15 para. 1 no. 1 lit.b
Construction sites are temporary or mobile work sites where building or civil engineering work is carried out; this includes in particular excavation and erdarbei-ten, conversion, renovation and repair work, maintenance and refurbishment work, dismantling and demolition work, maintenance, painting and cleaning work, construction and dismantling of prefabricated components, etc.
Assembly points are workplaces on which prefabricated parts or assemblies are usually assembled to a finished final result, i.e. assembled.
- You can apply for your seasonal or campaign operation for the granting of extended working hours if there is an extraordinary amount of work due to the current season or campaign, which cannot be absorbed by other organizational measures.
(§ 15 para. 1 no. 2 ArbZG).
Seasonal holdings are holdings which work throughout the year but in which, by their very nature, exceptionally increased activity is required at certain times of the year, e.B chocolate, honey cake and toy factories, tourist enterprises.
Campaign farms are farms which, by their very nature, are limited to certain seasons, e.B beet sugar and fruit canneries, fish smokehouses. As a rule, you must be able to process the natural products arising at a certain time in the shortest possible time, so that they do not spoil.
- The extension of working time depends in all cases on the circumstances of the individual case. A role is played by the type and severity of the work, the extent of the willingness to work, etc. It is crucial that the health of workers is not affected. An exemption permit can only be granted if, in the context of a balance between be-langen of the protection of the safety and health of the employees and the operational interests of the employer, the latter predominate.
- In addition, the working time of employees must be rebalanced on average of six calendar months or 24 weeks to the maximum maximum working time of 48 hours per week.
In order to simplify communication and speed up the procedure, you should appoint a contact person in your company when submitting the application and provide their contact data.
§ 15 (1) Working Time Act (ArbZG)
§ 13 (5) Working Time Act (ArbZG)
§ 15 paragraph 1 number 1 working time law (ArbZG)
- Since the exemption permit can only be granted on application, you must submit a corresponding application to the State Office for the Environment and Occupational Safety and attach to it all the documents necessary for a decision on your application.
- The documents submitted by you will be checked for completeness and conclusiveness and, if necessary, documents will be requested.
- If you meet all the requirements, the permit can be granted. You will then receive a corresponding decision of will.
- In the event of non-submission of the conditions, a negative decision shall be issued.
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