Genehmigung zur Beschäftigung einer schwangeren oder stillenden Frau zwischen 20 und 22 Uhr beantragen

Mutterschutzgesetz (MuschG):

• § 5 Verbot der Nachtarbeit
• § 28 Behördliches Genehmigungsverfahren für eine Beschäftigung zwischen 20 Uhr und 22 Uhr

Pregnant or breastfeeding women may not be employed by their employer between 8 pm and 6 am.

If you as an employer wish to employ a pregnant or breastfeeding woman between 8 pm and 10 pm, you must submit an application for authorisation to the health and safety authority responsible for you.

As long as the supervisory authority does not reject the application or does not temporarily prohibit employment between 8 pm and 10 pm, the employer may employ the woman subject to the conditions below.

If the supervisory authority does not reject the application within six weeks of receiving the complete application, the authorisation is deemed to have been granted. The decision is a discretionary decision by the authority. This means that a favourable decision does not always have to be made if all the reasons are met.

Your application for authorisation to work between 8 p.m. and 10 p.m. does not replace the notification regarding the employment of a pregnant or breastfeeding woman.

• a medical certificate confirming that there is no reason why the woman should not work until 10 p.m
• declaration of consent from the pregnant or breastfeeding woman
• Documentation assessing the working conditions
  • Result of a risk assessment
  • if necessary, need for and determination of necessary protective measures
  • if necessary, offer of a discussion with the woman about further adjustments to the working conditions
• Statement on working alone

• As the applicant, you must be an employer.
• The pregnant or breastfeeding woman has expressly agreed to this.The woman can revoke her declaration of consent at any time
• Submission of a medical certificate stating that there are no reasons against working until 10 pm.
• Declaration by the employer that there is no irresponsible risk from working alone.

depending on the individual case and the actual expense: 60 -500 EUR

As long as the supervisory authority does not reject or provisionally prohibit the application, the employer may continue to employ the pregnant/breastfeeding woman from 8 p.m. to 10 p.m., provided he has submitted the application with the documents to the authority.

The processing time is up to 6 weeks.

You must submit an application for authorisation before you employ the pregnant or breastfeeding woman between 8pm and 10pm.

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Information on how to lodge an objection can be found at in the notification of your application.