Night work
Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (as amended by Directive 2000/34 of 22 June 2000) imposes a number of restrictions on the performance of night work.
The definition of ‘night worker’ in Article 2(4) is complex. Article 2(4)(a) defines a ‘night worker’ as ‘on the one hand, any worker, who, during night time, works at least three hours of his daily working time as a normal course’. ‘Night time’ is defined in Article 2(3) as ‘any period of not less than seven hours, as defined by national law, and which must include in any case the period between midnight and 5 a.m’. Moreover, collective bargaining plays a role in defining night workers: for instance, ‘night worker’ also means (Article 2(4)(b)):
…any worker who is likely during night time to work a certain proportion of his annual working time, as defined, at the choice of the Member State concerned: by national legislation, following consultation with the two sides of industry, or by collective agreements or agreements concluded between the two sides of industry at national or regional levels.
This would allow for the category ‘night worker’ to be expanded to include occasional night workers also. It also gives freedom to reduce the duration and temporal incidence of night working. Both may be done by legislation (after consultation) or by collective agreement. Community standards on night work may thereby be structured through collective agreements.
The directive specifies maximum night work by prohibiting more than eight hours’ night working in a 24-hour period on average. As night work involves special hazards or heavy physical or mental strain, it is governed by national legislation and/or practice or by collective agreements. The directive stipulates that night workers must have a level of safety and health protection adapted to the nature of their work. They are entitled to a free health assessment before being assigned to night work and thereafter at regular intervals. If they are deemed to be unsuited to night work, they must be transferred to day work where possible. Employers who organise work according to a certain pattern must take account of the general principle of adapting work to the worker, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate. Employers who regularly use night workers must bring this information to the attention of the competent health and safety authorities.
See also: health and safety; rest periods; shift work; stress at work.