Abweichende Ruhezeit beantragen

Under certain conditions, as an employer you can obtain permission for employees in your company to have rest periods that deviate from working time regulations.

In principle, employees have their tried and tested 8-hour day. After the end of the working day, employees are entitled to an uninterrupted rest period of 11 hours. Under certain conditions, as an employer you can have rest periods for employees in your company that deviate from working time regulations approved by the competent supervisory authority in your federal state, namely

• for standby duty, on-call duty and on-call duty in the public sector, if there are special circumstances, for example for winter services, and
• twice within 3 weeks for shift work in order to achieve a regular weekly shift change. This applies both to the rest period after work on weekdays and after work on Sundays and public holidays.

You are not entitled to an exemption permit.

Employees must have an uninterrupted rest period of at least 11 hours after the end of the daily working time.

Under certain conditions, as an employer you can have rest periods for employees in your company that deviate from working time regulations approved.

• Different rest period for public service employees on standby, on-call duty and on-call duty
• Deviating rest period in shift operations to bring about a regular weekly shift change

You are not entitled to an exemption.

• Risk assessment (in particular with regard to mental stress due to the different position of the rest period)
• Statement from the company doctor
• Statement from the works council (if available)
• Proof that flexible deployment of employees is necessary either for reasons of public safety and order or for the provision of services of general interest
• Schedules for night shifts, showing in particular the opportunities for breaks
• Proof that the deviating rest period enables a regular weekly shift change

The responsible occupational health and safety office can request further information and documents if required.

• Risk assessment (in particular with regard to mental stress due to the different position of the rest period)
• Statement from the company doctor
• Statement from the works council (if available)
• Proof that flexible deployment of employees is necessary either for reasons of public safety and order or for the provision of services of general interest
• Schedules for night shifts, showing in particular the opportunities for breaks
• Proof that the deviating rest period enables a regular weekly shift change

The State Office for Health and Social Affairs (LAGuS) can request further information and documents if required.

• Your employees are employees on standby, on-call duty or on-call duty in the public service of general interest or public safety and order.

• Different rest period for public service:
  • Your employees are employees on standby, on-call duty or on-call duty in the public service of general interest or public safety and order.
• Deviating rest period in shift operations to bring about a regular weekly shift change:
  • Exceptional approval is only permitted twice within 3 weeks and applies to the rest period after working days as well as after working on Sundays and public holidays.
• The working time may not exceed 48 hours per week on average over six calendar months or 24 weeks.

As the fees are charged according to the work involved, please contact the State Office for Health and Social Affairs (LAGuS) to find out about any processing fees.

You can apply informally for an exemption permit to deviate from rest periods.

• You submit a corresponding application to the State Office for Health and Social Affairs (LAGuS).
• You submit all the documents required for a decision on your application.
• The documents you submit will be checked for completeness and, if necessary, additional documents will be requested.
• If you meet all the requirements, approval can be granted.
• You will receive a corresponding approval notice.
• If the requirements are not met, a rejection notice will be issued.

The decision of the Occupational Safety and Health Office is made at its own discretion.

This decision involves weighing up the interests of protecting the health and safety of employees against the employer's operational interests.

The processing time depends on the amount of work involved in the examination. As a rule, you will receive your decision a few weeks after you have submitted all the documents.

There is no deadline.

• Deviation from regulations on rest periods Approval
• An application must be made for a rest period that deviates from the Working Hours Act
• authorization is only granted under certain conditions
• the permit is limited in time
• Responsible: local authority responsible for occupational health and safety

• Deviation from regulations on rest periods Approval
• An application must be made for a rest period that deviates from the Working Hours Act.
• Permission is only granted under certain conditions.
• The authorization is limited in time.
• Responsible: State Office for Health and Social Affairs (LAGuS)

State Office for Health and Social Affairs
Occupational Safety and Health Department
Friedrich-Engels-Platz 5-8
18055 Rostock