Night shift

What is a night shift?

Night shift is often referred to as night duty in the public sector and is work that is performed at night. The Working Hours Act (ArbZG) refers to working hours between 11 pm and 6 am. For confectioneries and bakeries, times between 10 p.m. and 5 a.m. apply.

What are night workers?

Night workers are persons who regularly perform night work, e.g. in rotating shifts, or who work at night at least 48 days a year (§2 (2-5) ArbZG). For example, a person works as a cleaner three times a week between 20:00 and 03:00 at night. This is referred to as night work, as the activity takes place three times a week at night, i.e. between 23:00 and 03:00.

What rules must employers observe?

Compensation for overtime during the night shift

If more than 8 hours are worked at night, the overtime must be compensated within four weeks (instead of 24 weeks) (§6 (2) ArbZG).

Days off or wage supplement

The employer must pay the employee an appropriate number of days off or a wage supplement for the night work performed (Section 6 (5) ArbZG).

Special regulations for working time models that are detrimental to health

As night work and shift work are among the working time models that are detrimental to health, they must be designed in accordance with established ergonomic findings (Section 6 (1) ArbZG). This is a legal requirement.

Exemption from night work due to health

Night workers have the right to undergo a medical examination before starting work. The costs must be borne by the employer. This examination can be repeated every three years. From the age of 50, this examination can also be repeated annually. If it is determined that night work endangers the employee’s health, the employer is obliged to offer work during the day shift.

Exemption from night work due to parenthood

Employees who look after a child under the age of 12 alone or care for relatives in need of serious care also have the right to be transferred to the day shift. If this is not possible from the employer’s point of view, the works council has the right to be consulted and to develop proposals for solutions (§6 (4) ArbZG).

What are the exceptions to the rules?

Due to collective agreements

Collective agreements may deviate from the statutory regulations in specific points:

• Under certain conditions, rework can be extended beyond 10 hours.
• The compensation period for overtime can be regulated otherwise.
• The start of night working hours can be postponed between 22:00 and 24:00 (§7 (5) ArbZG).

Due to supervisory authorities

Supervisory authorities may authorize longer working hours at night if there are appropriate reasons, e.g. for

• Continuous shift operations
• Construction and assembly sites
• Seasonal businesses

Special regulations for young people, pregnant women and nursing mothers

Young people, pregnant women and nursing mothers are prohibited from working late. The regulations for this are set out in the Youth Employment Protection Act and the Maternity Protection Act.

For which occupational groups are there night shifts?

Night shift workers include the following occupational groups:

• Employees of the fire department, police, armed forces, customs, prison and emergency services
• Hospital staff, pharmacy employees & important care services
• Employees of energy suppliers & waste disposal companies
• Transportation personnel for e.g. buses, trains & airplanes
• Radio & temporary staff
• Employees in the security sector, gastronomy, hotel industry, clubs & discotheques

Probably the biggest challenge of night duty is that people work against their normal biorhythm.

The working time of 8 hours should also not be exceeded during night shifts. The statutory regulations on breaks and rest periods also apply.

What rights do employees have?

The exact length of a night shift usually varies. In general, the same applies as for early or late shifts. This means that working hours should not exceed 8 hours.

However, according to § 3 ArbZG, it is possible to exceed these working hours under certain conditions. Accordingly, the following applies:

“It can only be extended to up to ten hours if an average of eight hours per working day is not exceeded within six calendar months or within 24 weeks.”

In addition, an uninterrupted rest period of at least 11 hours applies. This means that a change from night shift to early shift is not legal.

What are the advantages of night work?

The unusual working hours in night shifts also have some advantages in addition to the health risks. For example, night workers have more time during the day for their children, shopping, relaxation and leisure activities. We list these clearly below:

• Flexibility
• Rest
• Equalization
• Surcharges

What are the disadvantages of night work?

Common disadvantages of night workers include

• Health consequences
• Altered sleep cycle
• Social isolation from people who do not work at night