Your employee works night shifts

What falls under night work?

If your employee works at least 1 hour between 00:00 and 06:00, this falls under night work. This does not have to be a continuous shift. A night shift may last a maximum of 10 hours. After that, there must be an extra-long rest period. There are exceptions. For example, if there are only a few night shifts per year. Then a night shift may last a maximum of 12 hours. Or if there is no replacement for your employee and the work really must be finished.

Do you work night shifts as a self-employed person (zzp’er)? Then the same rules apply.

No more than 140 night shifts per year

You may not allow your employees to work full-time night shifts. Employees may work a maximum of 140 night shifts per year. Your employee must then apply for permission via the Netherlands Labour Authority. They must also meet the conditions for permanent night work (in Dutch). Does the night shift not cover the whole night? In that case, your employee may work a maximum of 38 hours per week between 00:00 and 06:00 for 2 weeks.

Exemption for permanent night work

Your employee can apply for an exemption (in Dutch) from the maximum number of shifts for permanent night work. They can do so if the work is only possible at night. If the exemption is approved, your employee may work a maximum of 20 night shifts per 4 weeks. That is a total of 260 per year. Each employee must apply for this exemption themselves.

An exception has been agreed upon in some Collective Labour Agreements (CAO). Employees in these sectors do not need to apply for an individual exemption. An exception also applies to employees who worked permanently at night before 1 January 1996. They do not need to ask for an exemption if the work can not be organised in any other way.

Night shifts and health problems

Working at night affects the day-night rhythm. Employees may experience health problems due to night shifts (in Dutch). Is your employee working the night shift for the first time? If so, they can have an occupational health examination before the first night shift. A regular medical examination (periodiek medisch onderzoek, PMO in Dutch) should take place after that. If it turns out that night work causes health problems, you should arrange for other work during the day.

You may not force pregnant colleagues to work night shifts. Young people under 18 are not allowed to work night shifts.

Other rules for night shifts

The Working Hours Act also contains rules for the division of night shifts. And rules for rest periods during or after night shifts. The main ones are:

Division of night shifts

Your employee may:

• work a maximum of 36 night shifts per 16 weeks
• not work more than 7 consecutive night shifts, upon exception 8

There are exceptions, for example those that have been agreed on in the CAO. Read more about the rules for the division of night shifts (in Dutch).

Number of hours per week

Your employee may:

• if they work fewer than 16 night shifts per 16 weeks, work 48 hours on average
• if they work more than 16 night shifts per 16 weeks, work a maximum of 40 hours on average

The duration of a night shift

• A night shift may not last longer than 10 hours.
• Sometimes a night shift may last 12 hours. This is allowed a maximum of 5 times every 2 weeks, no more than 22 times a year.

Rest after a night shift

For night shifts with an end time before 02:00, the following applies:

• Your employee may not work for 11 hours following the shift.
• After a 12-hour night shift, your employee may not work for 12 consecutive hours.
• After 3 consecutive night shifts, your employee may not work for at least 46 hours.

For night shifts with an end time after 02:00, the following applies:

• Your employee may not work for 14 hours following the shift.
• In exceptional cases, the rest period may be 8 hours once a week.

The following applies to night shifts of 12 hours or longer:

• Your employee may not work for 12 hours following the shift.
• After 3 consecutive night shifts, regardless of the duration: - Your employee may not work for 46 hours.

Nightshift allowance

There are no legal rules about extra compensation for night work. A mandatory nightshift allowance is agreed on in some CAOs.