F.26 Do all night workers have to complete a health questionnaire? First, the evaluation should consist of only one questionnaire. A medical examination would only be necessary if there is any doubt about a worker`s night work. The law sets certain minimum conditions for parental leave, but you can – through a collective agreement – agree on your own parental leave system with your staff. A collective agreement may amend or exclude the application of night work limitation to certain workers or groups of workers, where necessary. Additional provisions apply to night workers in addition to the rules on maximum weekly working hours and rest periods. However, employers and workers` representatives can, through an employment agreement, agree on objective reasons for fixed-term contracts, which will be extended beyond four years in order to remain fixed-term. This is an absolute limit, not an average limit, and includes overtime for working hours. With absolute limits, you can`t work more than eight hours over a 24-hour period. Average limits allow you to use the hours you work over a certain period of time on average. For example, one night you work nine hours, the next night you work seven, on average, eight hours. A night worker is someone who regularly works at least three hours at night.
To this end, at least one third of the annual working time is used regularly. Although excluded from other working time protection measures, mobile and road transport workers, who are night workers, are entitled to health assessments. If the individual worker has not agreed in writing that it should not apply to them, the average working time should not exceed 48 hours per week over a 17-week period. For “special case” workers, the reference period is a 26-week working period. “Night” is usually the period between 11 p.m. and 6 a.m. You can agree with your employer to change the time of night. If you do, it should last at least seven hours and include the time between midnight and 5 hours. Employers need an employment agreement that sets the agreement between the employer and the workers on working hours, such as night and rest periods. It helps to structure the agreement between the employer and the employee.
Employees aged 16 or 17 cannot work between midnight and 4 a.m. Q.5 Is it possible to obtain a collective agreement on the exit of the 48-hour limit? A night worker must have the option of a free and confidential health assessment. The limitation of night work does not apply if you are a mobile worker (road or air transport) although you are entitled to “reasonable tranquillity”, which means that you should have a long enough work break to make sure that you are hurting yourself or anyone around you. If they do, it should be from 7 a.m. and midnight until 5 a.m. It must be agreed in writing. Download our model for word-based labour agreement. The leave provisions that are covered by these regulations may be covered by a collective agreement or, failing that, the notice period a worker must grant should be at least twice the length of the requested leave period.
An employer`s refusal must be made within a period of time corresponding to the leave requested.