How to apply for an exemption to statutory working hours

Statutory working hours

The statutory working hours, for full-time employees, are set at 39 hours per week.

Daily working hours

Employees' actual daily working hours, for all employees, may not exceed ten hours, unless an exemption is granted by the Labour Inspector.

The rest period between two consecutive days of work must not be less than ten hours.

Maximum working hours

Unless an exemption is granted by the Labour Inspector, employees may not exceed the following maximum working hours:

• 10 hours per day 
• 46 hours per week on average over a period of 12 consecutive weeks
• 48 hours per week, subject to conforming with the average duration set out above 
• 60 hours per week, in exceptional circumstances, for short periods and with the prior agreement of the Labour Inspector

Employees who have several jobs must conform with these limits, considering all the jobs as a whole.

Types of exemption possible

Three types of exception to working hours can be requested:

• An exemption to daily working hours: from 10 hours per day and up to 12 hours per day
• An exemption to the total weekly working hours: from 48 hours per week and up to 60 hours per week
• An exemption to the average weekly working hours: from a 46-hour weekly average over 12 consecutive weeks and for up to 48 hours

It is essential to attach the following documents to any request for an exemption to working hours:

• The opinion of the staff representatives, if the number of employees in your company justifies the presence of such representatives
  Or
• The opinion of the staff concerned, if the number of employees in your company does not justify the presence of staff representatives

It is also recommended that work schedules for all the staff concerned be provided: these must state the names of the employees and must include the actual starting times and end of service times for each employee.