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What exactly is night work?
Under the German Working Hours Act (Arbeitszeitgesetz, ArbZG), night work means working time that falls within the so-called night-time period for at least two hours. As a rule, that is the time between 11 pm and 6 am. An exception is made for bakeries and pastry shops, however. There, night work already starts at 10 pm and ends at 5 am.
Who counts as a night worker?
Night workers are employees who work in rotating shifts or work at night for at least 48 days a year.
Rights and duties of employers when it comes to night work
Because night work is particularly demanding for employees, working models must be adapted to these special circumstances so that the health burden caused by night work is kept as low as possible. Night shifts must therefore be kept so short as possible. Permanent night work is to be avoided.
Rest periods and maximum working hours in night work
Exceeding the maximum working hours also has to be handled differently in night work than at other times of day. If the daily maximum of eight hours is exceeded during night work, the overtime must be compensated within 4 weeks. This only applies, however, if employees work at night regularly. If they have not worked at night for some time or do so only very irregularly, a compensation period of 24 weeks applies.
Medical care for night workers
Night workers have a right to a regular medical examination. Employees under 50 can request this examination every three years. From the age of 50, the examination can be carried out annually. The employer bears the cost.
When can night workers move to a daytime job?
Under certain conditions, night workers have a statutory right to be transferred to a daytime job (Section 6 (4) ArbZG). This right exists,
- if the night work demonstrably endangers the employee's health.
- if the employee cares for a child under 12 who cannot be looked after by anyone else in the household.
- if the employee cares for a relative in need of intensive care.
In principle, young people and pregnant women or breastfeeding mothers are excluded from night work.
If a transfer is not possible for operational reasons, the employer must involve the works council – it has the right to be heard and to work out possible solutions. A blanket "not possible" is not legally sufficient.
Are night shift premiums mandatory?
There is no clearly regulated obligation to pay a night shift premium. Night work must nevertheless be compensated additionally. You can find out exactly what that means here.
Can an employer order night work?
In principle, an employer may order night work. Unlike Sunday work, night work does not require official approval – the employer can order it under their right to issue instructions pursuant to Section 106 of the German Trade Regulation Act (Gewerbeordnung, GewO) without having to prove a particular operational need.
However, the works council has a co-determination right when night work is first introduced and whenever it is changed, pursuant to Section 87 (1) no. 2 of the German Works Constitution Act (Betriebsverfassungsgesetz, BetrVG). This covers both the timing of the shifts and the shift model as a whole. Without the works council's consent or a valid collective agreement, introducing night shifts unilaterally is legally contestable.
The health burden of night work
Night work has a considerable impact on employees' health. It disrupts the natural sleep-wake rhythm. The human body is programmed to rest at night and be active during the day. Shift work, especially at night, interferes with this biological rhythm and can lead to short-term and long-term health problems.
Short-term effects of night work
- Sleep disorders: Many night workers report difficulty getting enough restful sleep during the day. Noise, light and social obligations often make it hard to achieve the sleep quality they need.
- Concentration and performance. Lack of sleep means cognitive performance declines during work. The risk of mistakes and accidents rises, especially in safety-critical occupations.
Long-term risks of night work
- Cardiovascular disease: Studies show that night work is associated with an increased risk of high blood pressure and cardiovascular disease.
- Metabolic disorders: Irregular meals and disrupted insulin release mean night workers more frequently develop diabetes or become overweight.
- Psychological strain: Social isolation, stress and being out of sync with the family's daily rhythm can lead to depression or anxiety disorders in the long run.
Measures to promote night workers' health
Employers can and should take measures to minimise the health risks of night work:
- Regular health checks: These help to identify health problems early and take countermeasures.
- Better shift planning: Rotating shifts regularly and limiting the number of consecutive night shifts (e.g. a maximum of three in a row) can ease the strain on the body.
- Ergonomic working environment: Well-lit but not glaring workplaces, comfortable break rooms and a pleasant temperature all support well-being.
- Information and support: Training on nutrition, sleep hygiene and stress management helps employees cope better with the strain of night work.
Shift planning with clockin
Plan night shifts without losing track
With clockin you plan night shifts in line with the rules and make sure no employee is stuck on nights permanently.
- Create and assign shifts easily
- Overtime and compensation periods tracked automatically
- Night work days documented and recorded in a legally compliant way
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Tips for employees
Employees can also take active steps themselves to reduce the strain on their health:
- Optimise your sleep: Blackout curtains, ear plugs and fixed sleeping times lay the foundation for restful sleep.
- Healthy diet: Light, balanced meals during the night shift and avoiding heavy food before going to sleep support the metabolism.
- Exercise: Regular physical activity improves sleep quality and helps to reduce stress.
When employers and employees take action together, the negative health effects of night work can be reduced.
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