Working hours; application for longer daily working hours for seasonal and campaign businesses

Upon application, employees of a seasonal or campaign business may be granted an extension of the daily working hours for the duration of the season or campaign up to a maximum of twelve hours per day on individual days.

Description

Prerequisites

  • The applicant does not have a collective agreement exception regarding extended working hours.
  • There is actually a seasonal or campaign business in the company. This can be plausibly demonstrated by the company.
  • The overtime is compensated by a corresponding reduction in working hours at other times.
  • A risk assessment has been carried out in accordance with the Occupational Health and Safety Act. In particular, the hazards and stresses resulting from the extension of the daily working hours have been taken into account:
    • Hazards from heavy physical labor, hazardous substances, noise, radiation, etc.,
    • Hazards due to particularly stressful activities, e.g. with high mental stress or particular accident risks,
    • stress caused by the length of working hours, shift work, rest breaks, daily and weekly rest periods and, where applicable, work on Sundays and public holidays.
  • Statements from the occupational safety specialist and the company doctor in charge, which address the specific operational situation of the application, were submitted by the applicant. The applicant has implemented the resulting findings, which require additional protective measures for employees.

Procedure

  • The company can submit an application in writing or online.
  • In addition to the required documents, the following information is required:
    • Applicant (here: company),
    • Number of employees concerned,
    • place of employment, responsible person(s) in the company or on the construction site,
    • period or duration of the extension of working hours,
    • specific details of the planned working hours and break times
    • Information on occupational health care
  • If the requirements for approval are met, the applicant will receive a notice of approval.
  • If the requirements for approval are not met, the applicant will be given the opportunity to withdraw the application. If the application is not withdrawn, the applicant will receive a rejection notice. The costs for the rejection notice are calculated on the basis of the list of costs.
  • If the documents or information required for processing are incomplete, the applicant will be contacted by the competent authority.

Electronic submission

  • The application can be submitted digitally to the Trade Supervisory Office of the Government of Upper Franconia using the online procedure.
  • The attachments are uploaded in electronic form (files in PDF format).

Written submission

The informal application can be sent to the Trade Supervisory Office of the Government of Upper Franconia together with the required documents.

Deadlines

none

Required documents

  • The following documents are required:

    • Evidence that conclusively demonstrates that the requirements for the application have been met
    • at the request of the competent authority: Result of the current risk assessment, which deals in particular with the additional hazards caused by the extension of working hours
    • Overview of the number of employees affected
    • Statement from the company doctor on the effects of the extended working hours
    • Statement from the occupational safety specialist on the impact of the extended working hours
    • If applicable, statement from the works council, staff council or employee representative body

Online procedures

Fees

  • Cost range: EUR 50 to 10,000
    The costs depend on the duration of the permit and the number of people affected.

Remedy

Administrative court action

Status:12.01.2024

Responsible for editing:Bayerisches Staatsministerium für Familie, Arbeit und Soziales

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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