The Permanent night work exemption form (Dutch) can be used to apply for an exemption for the ban on permanent night work.
Explanation of the form
An application may be approved in the event of very extraordinary and private circumstances that require you to work at night. No job-related or financially related circumstances apply. Other conditions are:
- You must be at least 18.
- You must be covered by the provisions of the Working Hours Act.
- Your employer must be aware of the application.
- Your desired work pattern may include a maximum of 20 night shifts in any 4-week period.
Situations in which no application is required
An application for exemption from the ban on permanent night work is not required if you (demonstrably) already worked permanent night shifts before 1 January 1996. In that case, you can make use of the transitional arrangement and continue to work night shifts permanently (same position/a maximum of 20 night shifts per 4 weeks).
No application is required if you work fewer than 140 night shifts in each 52-week period or work a maximum of 38 hours between midnight and 06.00.
Situations in which submission of an application is not possible
It is not possible to submit an application for an exemption from the ban on permanent night work if you, as an employee, fall under the provisions of the Working Hours Decree for Transport (Atb-V) (for instance: a truck or taxi driver). The Atb-V does not provide for any exemption from the provisions for night work contained therein.
If you are unsure whether the Atb-V applies to you or if you have other questions about Atb-V/night shifts, please contact the Transport and Water Management Inspectorate on work days: 088 489 00 00.