responsibility finder
Schleswig-Holstein

Applying for an exemption from the ban on overtime and night work

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

You must obtain approval for exceptions to the ban on night work and overtime as well as the type and pace of work for pregnant or breastfeeding women.

You are prohibited from employing a pregnant or breastfeeding woman in night work or overtime.

In addition, you may not employ pregnant or breastfeeding women in the following activities:

  • assembly line work
  • piecework
  • Other work in which higher pay can be achieved in return for a higher pace of work

You can apply for an exemption from the authority responsible for occupational health and safety.

Night work is defined as work between 10 pm and 6 am. Pregnant or breastfeeding women in training are excluded from night work.

If you employ a pregnant or breastfeeding woman aged 18 or over, this is referred to as overtime if she:

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

works more than the monthly average.

If you employ a pregnant or breastfeeding woman under the age of 18, this is considered overtime if she:

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

works more than the monthly average.

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


Process flow

You can apply in writing for permission to be exempted from the ban on overtime, night work, flow work and piecework.

You can apply for approval in writing:
- Describe your request informally.
- Send your application to the local authority responsible for occupational health and safety, including the necessary documents and evidence.
- If the documents or information required for processing are incomplete, you will be contacted immediately by the processing department.
- The local competent authority will check the documents and the circumstances of the individual case.
- If approval is granted, you will receive a notice of approval and only then may the woman be employed. The approval notice can be
conditions that must be observed during employment.
- If the conditions for approval are not met, you will receive a rejection. You will receive a notice of rejection.

Who should I contact?

To the State Occupational Safety and Health Authority at Unfallkasse Nord.

Requirements
  • You can only submit the application if you are an employer.
  • The pregnant or breastfeeding woman expressly declares her willingness to do so.
  • A medical certificate must not speak against night work, overtime, piecework or continuous flow work.
  • An irresponsible risk to the pregnant woman due to working alone, the type of work and the pace of work is excluded.
  • An irresponsible risk to the child due to working alone, the type of work and the pace of work is excluded.
Which documents are required?
  • Medical certificate
  • Declaration of consent from the pregnant or breastfeeding woman. The woman can revoke her declaration at any time.
What are the fees?

The fees are charged on a time and material basis. Please enquire at the supervisory authority responsible for your federal state about the processing fees incurred.

The exact costs will be determined following approval.

What deadlines do I have to pay attention to?

The application must be submitted by the pregnant or breastfeeding woman before taking up employment.

Processing duration

The processing time depends on the individual case determination.

Legal basis

§ Section 29 (3) no. 1 Maternity Protection Act (MuSchG)

https://www.gesetze-im-internet.de/muschg_2018/__29.html

§ Section 29 (3) no. 8 Maternity Protection Act (MuSchG)

https://www.gesetze-im-internet.de/muschg_2018/__29.html

Appeal

Contradiction

What else should I know?

This procedure for authorizing an exception to the ban on overtime, night work, continuous flow work and piecework does not replace notification in accordance with the Maternity Protection Act. Please use the forms available for this purpose.

Author

The text was automatically translated based on the German content.

Technically approved by

Free and Hanseatic City of Hamburg
Authority for Justice and Consumer Protection (BJV)
- Office for Occupational Safety and Health -

Professionally released on

03.08.2022

Teaser

You must obtain approval for exceptions to the ban on night work and overtime as well as the type and pace of work for pregnant or breastfeeding women.

Process flow

You can apply in writing for permission to be exempted from the ban on overtime, night work, flow work and piecework.

You can apply for approval in writing:
- Describe your request informally.
- Send your application to the local authority responsible for occupational health and safety, including the necessary documents and evidence.
- If the documents or information required for processing are incomplete, you will be contacted immediately by the processing department.
- The local competent authority will check the documents and the circumstances of the individual case.
- If approval is granted, you will receive a notice of approval and only then may the woman be employed. The approval notice can be
conditions that must be observed during employment.
- If the conditions for approval are not met, you will receive a rejection. You will receive a notice of rejection.

Who should I contact?

To the State Occupational Safety and Health Authority at Unfallkasse Nord.

Requirements

  • You can only submit the application if you are an employer.
  • The pregnant or breastfeeding woman expressly declares her willingness to do so.
  • A medical certificate must not speak against night work, overtime, piecework or continuous flow work.
  • An irresponsible risk to the pregnant woman due to working alone, the type of work and the pace of work is excluded.
  • An irresponsible risk to the child due to working alone, the type of work and the pace of work is excluded.

Which documents are required?

  • Medical certificate
  • Declaration of consent from the pregnant or breastfeeding woman. The woman can revoke her declaration at any time.

What are the fees?

The fees are charged on a time and material basis. Please enquire at the supervisory authority responsible for your federal state about the processing fees incurred.

The exact costs will be determined following approval.

What deadlines do I have to pay attention to?

The application must be submitted by the pregnant or breastfeeding woman before taking up employment.

Processing duration

The processing time depends on the individual case determination.

Legal basis

§ Section 29 (3) no. 1 Maternity Protection Act (MuSchG)

https://www.gesetze-im-internet.de/muschg_2018/__29.html

§ Section 29 (3) no. 8 Maternity Protection Act (MuSchG)

https://www.gesetze-im-internet.de/muschg_2018/__29.html

Appeal

Contradiction

What else should I know?

This procedure for authorizing an exception to the ban on overtime, night work, continuous flow work and piecework does not replace notification in accordance with the Maternity Protection Act. Please use the forms available for this purpose.

Author

The text was automatically translated based on the German content.

Technically approved by

Free and Hanseatic City of Hamburg
Authority for Justice and Consumer Protection (BJV)
- Office for Occupational Safety and Health -

Professionally released on

03.08.2022

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