Night Work: What Must an Employer Provide?

What Are the Hours Considered Night Work?

The Labor Code stipulates that night time is the period between 10:00 p.m. and 6:00 a.m. Any work performed during this time period is considered night work. This is particularly important for calculating premium pay and for recording working hours.

A typical real-world example: An employee starts a shift at 5:30 a.m. Even if they work only half an hour at night, it is still considered night work, and they are entitled to the corresponding premium for that time. However, this does not automatically mean that they are a “night worker” within the meaning of the special protections provided by the Labor Code.

Who Is Considered a Night Worker?

The law distinguishes between “night work” and a “night worker.” A night worker is an employee who, during nighttime hours, works at least 3 hours of their working time within a 24-hour period, on average at least once a week, during the period specified in the law.

This is important mainly because special health protections, shorter maximum shift lengths, and mandatory occupational health examinations apply specifically to this group of employees—not to everyone who occasionally works after 10 p.m.

Example: A baker starts work every day at 5:30 a.m. and finishes at 1:30 p.m. Thus, he works half an hour during night hours every day, but this amounts to only 2.5 hours per week. Therefore, he is not considered a night worker, even though he receives a night shift premium for this work.

Night Work Premium

Employees are currently entitled to a premium of 20% of their average hourly earnings for each hour of night work. The previous rate of 10% no longer applies.

This premium is payable to any employee who actually works during nighttime hours—that is, not only to employees who work at night on a regular basis, but also to those who work at night only occasionally or for a shorter period of time. In the private sector, it is possible to negotiate a different amount and method of calculating the allowance, but the right to the allowance cannot be completely eliminated. Special regulations regarding pay allowances apply in public services and administration.

How Long Can a Night Shift Be?

For an employee working at night, the length of a shift may not exceed 8 hours within any 24 consecutive hours. If operational reasons require it, the employer may exceptionally adjust this period, but the average shift length still must not exceed 8 hours over a period of no more than 26 consecutive weeks; a collective bargaining agreement may extend this period to up to 52 weeks.

In practice, this means that an employer cannot simply schedule endless night shifts “as needed.” For regular night work, the employer must organize working hours with significantly greater care than for normal daytime operations.

In practice, this means that an employer cannot simply schedule endless night shifts “as needed.” For regular night work, working hours must be organized with significantly greater care than for normal daytime operations. Regular night work disrupts the natural sleep cycle, and employees should therefore pay special attention to resting both before and after their shift.

Occupational Health Examinations for Night Work

The employer is required to ensure that an employee working at night is examined by an occupational health service provider in the cases and under the conditions specified for occupational health services. This requirement stems directly from the Labor Code.

The frequency of these examinations is governed by the rules of occupational health services and the categories of work. It is therefore incorrect to simply state that “every employee working at night is required to undergo an examination every 2 years.” While this may be true in some cases, the decisive factors are the specific classification of the work and the applicable rules governing occupational health services.

If an employee working at night is deemed unfit for night work based on a medical evaluation, the employer must transfer them to another position. The same applies if a pregnant employee, a breastfeeding employee, or a mother of a child younger than nine months who works at night requests such a transfer.

What an Employer Must Provide at a Night Work Site

The Labor Code requires employers to equip workplaces where night shifts are performed with first-aid supplies, including the means to call for emergency medical assistance. It is therefore not enough to merely “have some kind of first-aid kit” on hand. The provisions must be genuinely functional, including the ability to quickly contact emergency medical services.

At the same time, the employer must provide adequate rest facilities for employees working at night, particularly the availability of refreshments. While the law does not explicitly state that the workplace must have a kitchenette or a microwave oven, the requirement for adequate rest facilities is clear. What constitutes sufficient facilities depends on the specific operations and conditions of the workplace.

Work Categories and Night Shifts

The classification of work into categories under the Public Health Protection Act depends on specific risk factors and an assessment of the work in question, not merely on whether the work is performed at night. Night work may be a factor in assessing the physical demands of a job, but it does not, by itself, automatically determine a specific category.

When Night Work Cannot Be Required of an Employee

Very strict rules apply to juvenile employees. An employer may not assign night work to juveniles. The only exception is a minor over the age of 16, who may, in exceptional cases, perform night work not exceeding 1 hour if it is necessary for their vocational training, and this work must immediately follow their day shift according to the shift schedule.

For pregnant employees, breastfeeding employees, and mothers of children under nine months of age, if they work at night and request a transfer to day shifts, the employer must grant their request. This is therefore not merely a “matter of agreement,” but a legal obligation of the employer.

Summary

Night work is work performed between 10 p.m. and 6 a.m. Every employee is entitled to a premium for such work, which currently amounts to 20% of their average hourly earnings. However, special protection applies only to employees who work at night—that is, those who work at night on a regular basis and within the scope prescribed by law. For these employees, the employer must monitor shift lengths, ensure occupational health examinations, provide first aid and prompt access to medical care, and establish adequate social facilities. Minors generally may not be employed in night work, and pregnant or breastfeeding employees, or mothers of children under nine months of age, have the right to be transferred to day work if they request it.