I'm a night worker and worried about my health. Does EU law provide special protections?

What the Law Says

The primary EU legal protection for night workers is set out in Directive 2003/88/EC on working time. It establishes minimum health and safety requirements specifically for night work.

Under EU law, 'night worker' means any worker who normally works at least three hours of their daily working time during the night period — defined as a period of at least seven hours, including the interval between midnight and 5 a.m., which may be shifted by collective agreement or national law.

The Directive requires employers to offer free health assessments before a worker begins night work and at regular intervals thereafter. If a health assessment shows that night work harms the worker’s health, the employer must transfer them to suitable day work, where possible.

Night workers must not work more than an average of eight hours per 24-hour period over a reference period (usually 17 weeks). This is in addition to the general weekly working time limit of 48 hours.

Statutory Text

Member States shall ensure that night workers do not work more than an average of eight hours per 24-hour period over a reference period not exceeding seventeen weeks.

— Directive 2003/88/EC, Art. 8(1) — Night work

Statutory Text

Member States shall ensure that night workers have the right to a free health assessment before being assigned to night work and thereafter at regular intervals.

— Directive 2003/88/EC, Art. 9(1) — Health assessment

Statutory Text

Where a health assessment shows that night work is harming the worker's health, the employer shall, wherever possible, transfer the worker to suitable day work.

— Directive 2003/88/EC, Art. 9(2) — Transfer to day work

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