Exemptions from shift roster requirements

As a rule, every workplace must have a shift roster. However, occupational safety and health authority can grant partial or full exemptions from the rule if drawing up a shift roster is particularly impractical due to the irregular nature of the work.

Occupational safety and health authority determine the scope of any necessary exemptions on a case-by-case basis. Even where a full shift roster is an impractical solution, it may still be possible to record, for example, the start times of employees’ work and their rest periods or their weekly free time.

Applying for exemptions

Exemptions from shift roster requirements can be sought from the occupational safety and health authority, i.e. the Occupational Safety and Health Department at the Finnish Supervisory Agency.

Form (pdf, in Finnish): Application for exemptions from shift roster requirements

A decision on an application can only be taken once the shop steward or an elected representative has been heard. If there is no such representative at the workplace, the occupational safety and health representative must be allowed to comment on the application. In the absence of any kind of personnel representative, each of the affected employees must be reserved an opportunity to express their view.

Extensions to exemptions

Unless there has been a significant change in the employees’ working conditions since a permit was granted, either the employer or the shop steward or another representative of the employees within the meaning of section 36 of the Working Hours Act can decide on extensions to the derogation permit granted for a limited period. However, the parties cannot agree to extend a temporary derogation permit granted before 1 January 2020. In this case, a new request for permit must be made.

In situations where it is possible to extend the permit by agreement, but no contract arises, the employer may submit a new request for permit to the occupational safety and health authority.