Legal advice on night shifts and medical exemption


Questioner

Diabetes type 2. Tight structure needed to function well. Work in home care. With 8 years only day shift on fixed days. Mandatory 1 night shift per month as of December 1st. Can I refuse this on medical grounds? My internist supports me

Lawyer

Your employer must comply with the conditions of good employment practices. Your collective labor agreement states that you do not have to do night work if you are over 55 years old. A visit to the company doctor is also possible. I advise submitting a request for exemption. You can also suggest using leave or work hours as compensation.

Questioner

Letter from internist necessary for exemption? Who do I apply to for an exemption? Occupational health and safety physician?

Lawyer

The fastest route is via collective agreements. I would like to investigate those grounds. If they are not there, then the Working Hours Act also provides a basis. As there are more reasons to request an exemption, I recommend that you arrange it less officially. With CAO and age limits, a letter from the internist to your employer should be sufficient. I advise you not to go to the occupational health and safety doctor until your employer explicitly requests this.

Questioner

My age doesn't matter because I'm not yet 55 For me it is not medically responsible to work 1 night shift. Hence the question how I should bring this up with my boss. :-) It won't be easy, it's already over a month away and I heard it last week..

Lawyer

A letter from the internist should be enough to bring it up. If you expect it to be difficult, I recommend taking steps based on the Working Hours Act and an occupational health and safety physician.

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