Antrag auf Ausnahme vom Verbot der Mehrarbeit und vom Verbot der Nachtarbeit in besonderen Fällen, sowie der Art der Arbeit und dem Arbeitstempo

Mutterschutzgesetz (MuSchG):

• § 29 Absatz 3 Nummer 1 und 8 Zuständigkeit und Befugnisse der Aufsichtsbehörden, Jahresbericht

Employers may not expose pregnant or breastfeeding women to the following activities and working conditions, among others:

• Night work
• Overtime
• Continuous flow work
• Piecework
• other work in which higher pay can be achieved in return for a higher work rate

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

Night work is when an activity is carried out between 10 pm and 6 am.

If you employ a pregnant or breastfeeding woman aged 18 or over, this is considered overtime if she works

• 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.

Authorisation for overtime, night work, continuous or piecework does not replace the basic requirement to notify the supervisory authority that an employee is pregnant. This notification must be made as soon as the employer has been informed of the pregnancy.

• medical certificate stating that there is no reason why the woman should not be employed:
  • Night work,
  • Overtime,
  • Piecework or
  • Continuous flow work.
• declaration of consent from the pregnant or breastfeeding woman
  • the woman can revoke her declaration at any time
• Declaration by the employer that there is no irresponsible risk from working alone

• The pregnant or breastfeeding woman expressly agrees to this. The pregnant or breastfeeding woman can revoke her declaration at any time.
• The medical certificate does not speak against the planned
  • Night work,
  • Overtime,
  • Piecework or
  • Continuous work.
• An irresponsible risk to the pregnant woman due to working alone, the type of work and the pace of work is excluded.
• There is no irresponsible risk to the child from working alone, the type of work and the pace of work.

depending on the individual case and the actual processing effort: 60-500 EUR

You apply for an exemption to the regional council responsible for the woman's place of employment.

You must submit the application before the pregnant or breastfeeding woman takes up employment.

Information on how to lodge an objection can be found in the notification of your application for authorisation.