§2 Maximum limit on night work involving special hazards or heavy physical or mental strain

Absolute limit This absolute limit of 8 hours applies to the hours of work of ‘night workers’. It therefore includes all working time (e.g. overtime), not only ‘night time’. Unlike the average limit, the maximum limit on this specific kind of night work under Article 8(b) applies to ‘any period of 24 hours’. It cannot be calculated as an average. This means that while the workers concerned may do less work in certain 24-hour periods, they can never exceed the maximum of 8 hours at other times where they perform night work. However, unlike the average limit which applies to all hours of work of night workers, this absolute limit applies only to the time during which the workers concerned actually perform night work. This means that if a ‘night worker whose work involves special hazards or heavy strain’ does not carry out night work in a specific 24-hour period, it is not the absolute 8-hour limit for that period that applies but the average limit. So the worker could work for longer than 8 hours if he or she does not perform night work during that period. Work involving special hazards The Directive does not define the concepts of ‘special hazards or heavy physical or mental strain’. It provides for them to be defined by national legislation and/or practice or by collective agreements or agreements concluded between the two sides of industry. The Directive provides that, in whatever way work involving special hazards or heavy physical or mental strain is defined, it should take account of the specific effects and hazards of night work. As a guide, reference may be made to Recital 7, which points to ‘environmental disturbances’ and ‘certain burdensome forms of work organisation’ as liable to have a detrimental effect on the health of the workers concerned. The Commission’s original proposal referred to ‘piece work, assembly-line work or work at a pre-established pace’ as examples in this respect (353). Health assessments and transfer of night workers to day work Article 9 imposes on Member States the following obligations: ‘1. Member States shall take the measures necessary to ensure that: (a) night workers are entitled to a free health assessment before their assignment and thereafter at regular intervals; (b) night workers suffering from health problems recognised as being connected with the fact that they perform night work are transferred whenever possible to day work to which they are suited. 2. The free health assessment referred to in paragraph 1(a) must comply with medical confidentiality. 3. The free health assessment referred to in paragraph 1(a) may be conducted within the national health system.’

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07