How is night work implemented in the company?

Verified 22 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Night work is carried out by collective agreement. In the absence of a collective agreement, the employer may set up night work with the permission of the labor inspector.

Collective Agreement

The use of night work must be exceptional.

It must take account of the need to protect the health and safety of workers.

It must also be justified by the need to ensure the continuity of economic activity or social utility services.

The collective agreement must specify the following:

  • Justifications for the use of night work
  • Definition of the night work period
  • Counterparties in the form of compensatory rest and, possibly, salary increases
  • Measures to improve the working conditions of employees
  • Measures to reconcile night work with the personal life of employees and the exercise of their family and social responsibilities (e.g. means of transport)
  • Measures to promote equality between women and men at work, in particular through access to training
  • Organization of break times

FYI  

the occupational doctor is consulted before the night work is carried out.

By the employer

The employer has to meet certain conditions in order to implement night work. He must consult the staff representative institution (trade union representative or social and economic committee) if it exists.

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Company with staff representatives

The employer shall enter into negotiations with a view to concluding a collective agreement on night work.

If the employer does not negotiate with the employee representatives, he or she cannot set up night work.

An agreement is reached

The collective agreement must specify the following:

  • Justifications for the use of night work
  • Definition of the night work period
  • Counterparties in the form of compensatory rest and, possibly, salary increases
  • Measures to improve the working conditions of employees
  • Measures to reconcile night work with the personal life of employees and the exercise of their family and social responsibilities (e.g. means of transport)
  • Measures to promote equality between women and men at work, in particular through access to training
  • Organization of break times
No agreement is reached

The employer must enter into negotiations. He must send a request to the labor inspector to obtain his authorization.

Commencement of negotiations

The employer must enter into fair and serious negotiations. This is the case if the employer:

  • Convening of representative trade unions in the company
  • Setting of the venue and timetable for negotiations
  • Provision of all information necessary for the negotiation
  • Reply to possible proposals

Please note

the start of negotiations must take place within 12 months of the request.

What should be included in the application?

The request must be justified. It shall contain the following points:

  • Constraints requiring continuity of economic activity or social utility services
  • Existence of counterparties and break times
  • Taking account of the need to protect the health and safety of employees

The employer must send the request to DDETS for the introduction of night work. The application must be accompanied by the opinion of the employee representatives to the labor inspector.

Decision of the labor inspector

The labor inspector shall give notice of his decision within 30 days of the date of receipt of the request.

The decision shall be addressed to the employer and to the staff representatives.

If he does not reply within 30 days, authorization shall be granted.

Challenge of the decision

A hierarchical appeal may be lodged against the decision of the labor inspector who authorized night work.

This appeal shall be brought before the Regional Director of the Dreets: titleContent within one month of the date on which the persons concerned were notified of the decision on night work.

Company without staff representatives

The application for authorization to assign workers to night shifts must be submitted to the labor inspector.

What should be included in the application?

The request must be justified. It shall contain the following points:

  • Constraints requiring continuity of economic activity or social utility services
  • Existence of counterparties and break times
  • Taking into account the requirements of health and safety protection and of employees

The application must be accompanied by a document certifying that the employees have been informed of the introduction of night work.

Decision of the labor inspector

The labor inspector shall give notice of his decision within 30 days of the date of receipt of the request.

The decision shall be addressed to the employer and to the staff representatives.

If he does not reply within 30 days, authorization shall be granted.

Challenge of the decision

A hierarchical appeal may be lodged against the decision of the labor inspector who has authorized night work in the company.

This appeal shall be brought before the Regional Director of the Dreets: titleContent within one month of the date on which the persons concerned were notified of the decision on night work.

FYI  

the occupational doctor is consulted before the night work is carried out.