Working at night: what must the employer provide?

From when to when is night work

The Labour Code states that night time is the period between 10 pm and 6 am. Any work performed during this time period is night work. This is particularly important for the calculation of supplementary pay and for the recording of working time.

A typical practical example: an employee starts his shift at 5:30 am. Even if he works only half an hour at night, it is still night work and he is entitled to the appropriate supplement for that time. However, this does not automatically mean that he is a “night worker” within the meaning of the special protection under the Labour Code.

Who is a night worker

The law distinguishes between “night work” and “night worker”. A night worker is one who works at least 3 hours of his working time during night time within 24 consecutive hours on average at least once a week, during the period specified in the law.

This is important mainly because the special health protection, the shorter maximum shift length and the compulsory occupational health checks apply to this group of employees, not to anyone who ever works after 10pm.

Example: a baker starts every working day at 5:30 am and finishes at 1:30 pm. So he works half an hour at night every day, but only 2.5 hours in a week. Therefore, he will not be a night worker, even if he receives night work premium pay for this work.

Night work allowance

Employees are now entitled to a supplement of 20% of their average hourly earnings for an hour of night work. The older figure of 10% no longer applies.

This supplement is payable to any employee who actually works at night, i.e. not only to employees who work at night, but also to those who work only occasionally or for shorter periods at night. In the business sector, it is possible to agree on a different amount and method of determining the supplement, but the entitlement to the supplement cannot be excluded altogether. In the public services and administration, there are special arrangements for salary supplements.

How long a night shift can be

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

In practice, this means that the employer cannot just plan endless night shifts ‘as needed’. For regular night work, it must organise working time much more carefully than for normal daytime work.

Occupational health examinations for night work

The employer must ensure that an employee working at night is examined by an occupational health service provider in the cases and under the conditions laid down for occupational health services. This follows directly from the Labour Code.

The actual frequency of examinations is then governed by the rules of the occupational health services and the categories of work. Therefore, it is not correct to say without further ado that ‘every night worker must have a compulsory check-up every 2 years’. This may be true in some cases, but the specific job classification and the relevant occupational health service rules are decisive.

If a night worker is deemed unfit for night work by a medical report, the employer must transfer the employee to another job. The same applies if a pregnant employee, a breastfeeding employee or the mother of a child under nine months of age who works at night requests a transfer.

What the employer must provide in the night workplace

The Labour Code requires the employer to equip a workplace where work is carried out at night with first aid facilities, including the provision of means to summon emergency medical assistance. It is therefore not enough to have a formal “first aid kit”. It must be a realistic provision of assistance, including the ability to contact the emergency services quickly.

At the same time, the employer must provide adequate social security for night workers, in particular the possibility of refreshments. While the law does not explicitly say that there must be a kitchen or microwave in the workplace, the requirement for adequate social facilities is clear. What will be sufficient depends on the particular operation and conditions of the workplace.

Categories of work and night shifts

The categorisation of work under the Public Health Act depends on the specific risk factors and the assessment of the work in question, not just whether the work is at night. Night work may be part of a health assessment but does not automatically determine a particular category.

When night work cannot be required of an employee

Very strict rules apply to underage workers. An employer must not employ minors to work at night. The only exception is for minors over 16 years of age, who may exceptionally perform night work not exceeding 1 hour if this is necessary for their education for the profession and this work must be immediately related to their daily work according to their shift schedule.

In the case of pregnant workers, breastfeeding workers and mothers of children under nine months of age, if they work at night and request to be transferred to day work, the employer must comply. It is therefore not just an “option to agree”, but a legal obligation on the employer.

Summary

Night work is work done between 10 pm and 6 am. Every employee is entitled to a supplement for it, which is now 20% of average hourly earnings. However, special protection applies only to night workers, i.e. those who work regularly at night and to the extent provided for by law. For these employees, the employer must monitor the length of the shift, ensure occupational health checks, provide first aid and prompt medical assistance and provide adequate social facilities. Minors cannot normally be employed in night work and pregnant or breastfeeding workers or mothers of children under nine months old have the right to be transferred to day work if they request it.