Working Life > Working Hours > Night Work

Working at Night, When Others Sleep

Definition, Explanation

Night work is defined as any work lasting through the times from 11 pm until 6 am, for bakeries and confectioneries from 10 pm until 5 am. Also it must be at least 2 hours in duration. Employees working in alternate shift or work for at least 48 of the calendar year under those conditions, are counted as night workers. In many branches, night work is inevitable, within shift work and sunday and holiday work: machines must be operated around the clock, in hospitals, in nursing care and in emergency facilities people have to be cared for through the night, and some services can only be provided at night, such as paper delivery, night watchman service, bakeries.

Usually, there is a limit of night work duration of 8 hours per day, only in exceptional cases 10 hours. The out-balancing must be given within the same calendar month such that the average working time will be 8 hours a day.

As a compensation for night-working, an appropriate number of paid free days is to be granted. Alternatively, a surplus on normal pre-tax income may be given. The free-time way of compensation is preferred by legislation. Normally, compensation matters are contracted in collective agreements.

Governmental authorization is not required for the ordering of night work, as long as framework prerequisites are complied with (see limitations on night work).

Limitations on night work are defined through:

• Collective agreements
• Works council approval
• Maternity protection law
• Women in maternity protection must not work at night, from 8 pm to 6 am
• Youth labour law (juveniles health and safety)
  Juveniles from the age of 15 up to 17, inclusive, must not work at night from 8 pm to 6 am (exceptions in certain branches of economy)
• Occupational health regulations of Working Hours Law

Tax:

• Night work in tax terms is any work from 7 pm to 7 am, whereas the work must be necessary due to operational requirement
• Night-working duration, for tax, must be at least 3 hours continuingly
• Taxless up to a salary of 50 Euros per hour
• Surplus of 25 % of basic salary taxless for working hours from 8 pm to 0 am as well as from 4 am to 6 am
• Surplus of 40 % of basic salary taxless for working hours from 0 to 4 am
• Exceptional tax rates for employees working predominantly at night (night watchmen, bakers): tax-exempt amount is higher than the usual 360 Euros per month, being 540 Euros for the regular night work

Social insurance has to be paid, in principle. However, there is a free amount of 25 Euros per hour.

Tips, Checklist

• Before beginning to work in an occupation with night work, you must get medically examined
• When working in a night work occupation, medical examinations are compulsory every 3 years
• From age 51 plus, you can get medically examined every year
• Costs for medical examinations are paid by the employer. Examination may be ordered to be performed by the works doctor
• If your health is endangered by the night work you are entitled to be transferred on request, as long as there are no operational requirements to the contrary. If so, you can involve the works council
• If you have a child below the age of 12 to care for, as a night worker, or else, family members in need of nursing care of a severe degree, then you are entitled to be transferred on request, as well
• Be sure to make use of your right of further education. This is under the same conditions as for normal working hours
• Make sure to have regular free weekends in order to stay able to maintain your social interaction
• Doing night work, you should take special care of your nutrition. Distribute food intakes to a light diner (7 to 8 pm), a warm night meal (0 to 1 am), a second night meal (4 to 5 am) with a light snack, and a breakfast after work (7 am). These meals should be designed easily digestible
• Agree with your employer how the extra pay (normal wage per hour plus surplus), or the free-time compensation, that is extra vacation, should be done for your night work
• Log your night working, with exact notation of the hours

Last update: 05/02/2010