Shift and night work in Germany: health protection and employer duties

What counts as shift and night work?

Shift work (Schichtarbeit) is work at changing or unusual times of day – for example rotating between early, late and night shifts, or permanent night shifts. Under the Working Hours Act (Arbeitszeitgesetz, ArbZG), night work (Nachtarbeit) is any work covering more than two hours of night time between 11 pm and 6 am. For night and shift workers, the Act requires working time to be set according to established findings of occupational science on designing work to suit people (Section 6(1) ArbZG).

• Night time (Nachtzeit)

  Meaning11 pm to 6 am, in bakeries and confectioneries 10 pm to 5 am

  Legal basisSection 2(3) ArbZG

• Night work (Nachtarbeit)

  MeaningAny work covering more than two hours of night time

  Legal basisSection 2(4) ArbZG

• Night worker (Nachtarbeitnehmer)

  MeaningAnyone who, because of how their working time is organised, normally works nights in rotating shifts or works nights on at least 48 days per calendar year

  Legal basisSection 2(5) ArbZG

• Shift work (Schichtarbeit)

  MeaningNot defined in the ArbZG; work at different, partly changing or unusual times of day and night

  Legal basisDGUV Information 206-024

A collective agreement, or a works or service agreement based on one, may move the start of the seven-hour night period to between 10 pm and midnight (Section 7(1) no. 5 ArbZG). So check which rule applies in your company.

Why shift and night work is demanding

The human body clock is set for activity during the day and recovery at night. Anyone working nights has to sleep during the day – and that sleep is usually shorter, lighter and interrupted more often. DGUV Information 206-024 “Schichtarbeit – (k)ein Problem?!” (shift work – a problem or not?) names sleep disorders and high psychological strain as proven effects. Other possible consequences are:

• Chronic tiredness and reduced well-being
• Gastrointestinal complaints
• Cardiovascular disease
• Migraine and headaches
• Restrictions on family, friends and leisure time – which many of those affected find particularly stressful

Accident risk also depends on working time: according to the studies summarised by the DGUV, it rises sharply after the 7th to 9th working hour and is higher at night and on Sundays than at usual times. Long runs of shifts without days off and runs of 12-hour shifts can increase it further.

What the Working Hours Act requires

The Working Hours Act sets the framework for every shift schedule. Night workers have a much shorter averaging period than other employees:

• Maximum working time

  Content8 hours per working day; up to 10 hours if an average of 8 hours is not exceeded over 6 calendar months or 24 weeks

  Legal basisSection 3 ArbZG

• Maximum working time for night workers

  Content8 hours per working day; up to 10 hours only if an average of 8 hours is not exceeded over one calendar month or four weeks

  Legal basisSection 6(2) ArbZG

• Rest breaks

  Content30 minutes for more than 6 and up to 9 hours, 45 minutes for more than 9 hours; blocks of at least 15 minutes; never more than 6 hours without a break

  Legal basisSection 4 ArbZG

• Rest period

  ContentAt least 11 uninterrupted hours after the end of the daily working time

  Legal basisSection 5(1) ArbZG

• Compensation for night work

  ContentAn appropriate number of paid days off or an appropriate pay supplement, unless a collective agreement provides otherwise

  Legal basisSection 6(5) ArbZG

• Further training

  ContentThe same access to in-house training and promotion as other employees

  Legal basisSection 6(6) ArbZG

Collective agreements, and works or service agreements based on them, may deviate – for example by shortening the rest period by up to two hours if the nature of the work requires it and the reduction is compensated (Section 7(1) no. 3 ArbZG). Working time beyond eight hours per working day must be recorded, and the records kept for at least two years (Section 16(2) ArbZG).

Health examination and transfer: rights of night workers

Night workers are entitled to an occupational health examination before starting and then at intervals of not less than three years, annually once they have reached the age of 50 (Section 6(3) ArbZG). The employer bears the costs unless it offers the examination free of charge through a company doctor or an external occupational health service.

On request, the employer must transfer a night worker to a suitable day job if one of these situations applies (Section 6(4) ArbZG):

• According to an occupational health assessment, further night work endangers the person's health
• A child under twelve lives in the household and cannot be looked after by another person living there
• The person cares for a relative in need of intensive care who cannot be looked after by another relative living in the household

Designing healthy shift schedules

DGUV Information 206-024 summarises the findings regarded as established in a checklist. The key recommendations:

• Rotate forwards: early, late, night

  ReasonMatches the body clock better than backward rotation

• Rotate quickly: no more than 2 to 3 days on the same shift

  ReasonLong blocks of the same shift build up sleep debt and make social contact harder

• No more than three night shifts in a row, preferably two

  ReasonThe body adjusts less and readjusts more quickly

• At least 48 hours off after a run of shifts, especially after night shifts

  ReasonOnly then is there enough time to recover and sleep

• Start early shifts no earlier than 6 am where possible, end night shifts by 6 am at the latest

  ReasonLess sleep loss, longer daytime sleep after the night shift

• No more than five working days or shifts in a row, shifts no longer than 8 hours

  ReasonOtherwise fatigue accumulates over the week

• Fix shift schedules at least four weeks in advance where possible and stick to them

  ReasonPrivate life stays plannable

• Avoid permanent night shifts

  ReasonThey cause a constant partial adjustment of the body clock, even during time off

Involve employees in shift planning – how well someone copes with shift work also depends on their chronotype, i.e. whether they are a morning or evening type. If there is a works council, it has a say in the start and end of daily working time including breaks and in how working time is distributed across the days of the week (Section 87(1) no. 2 of the Works Constitution Act, BetrVG).

Shift and night work in the risk assessment

The risk assessment must cover working time and psychological stress (Section 5(3) nos. 4 and 6 ArbSchG). For shift work, the DGUV highlights in particular the psychological stress arising from demands in a person's social and private life. How to proceed:

1. 1

   Record working times

   Collect the shift system, shift lengths, start and end times, rest periods, overtime and short-notice cover from the shift schedule and time recording.

2. 2

   Identify the strain

   Talk to the shift workers – in a workshop or by survey – and analyse accidents, near misses and errors by time of day and shift sequence.

3. 3

   Compare with the law and the recommendations

   Compare the shift schedule with the Working Hours Act and the occupational science recommendations and assess any deviations.

4. 4

   Define measures

   For example, change the shift rotation, shorten night shift blocks, secure breaks, protect lone working at night and offer advice from the company doctor – with responsible persons and deadlines.

5. 5

   Check effectiveness

   After a few weeks, ask how the new schedule is working and re-analyse overtime, rest period breaches and accidents.

Maternity protection, young people and other groups

For some groups there are bans on night work or special considerations:

• Pregnant and breastfeeding women

  RuleNo work between 8 pm and 6 am; until 10 pm only with official approval, the woman's express consent, a medical certificate and no unjustifiable risk from working alone

  Legal basisSections 5 and 28 of the Maternity Protection Act (MuSchG)

• Young people under 18

  RuleWork generally only from 6 am to 8 pm; over-16s in multi-shift operations until 11 pm; shift time no more than 10 hours, followed by at least 12 hours off

  Legal basisSections 12 to 14 of the Youth Employment Protection Act (JArbSchG)

• Severely disabled people

  RuleRight to disability-appropriate arrangements, including working time, where reasonable

  Legal basisSection 164(4) of Social Code Book IX (SGB IX)

• Older employees

  RuleAdapting to changing working hours is often harder and sleep quality declines; night workers are entitled to an annual examination from age 50

  Legal basisSection 6(3) ArbZG, DGUV Information 206-024

Checklist: shift and night work

• Night workers under Section 2(5) ArbZG identified
• Maximum working time, breaks and 11-hour rest period respected in the shift schedule
• Shift schedule compared with the occupational science recommendations
• Shift and night work, including psychological stress, assessed in the risk assessment
• Occupational health examination for night workers made possible and costs covered
• Compensation for night work through days off or a pay supplement arranged
• Night work bans for pregnant and breastfeeding women and young people observed
• Works council involved in shift planning

Frequently asked questions