Sunday working and night working
The rules about working at night
If any of your workers do night work - even casual, freelance and agency workers - there are special regulations you must comply with.
The regulations define night time as the period between 23.00 and 06.00, though this can be slightly varied by agreement between you and your workers. A night worker is someone who regularly works for at least three hours during this period.
In general, night workers:
- should not work more than an average of eight hours in a 24-hour period, averaged over 17 weeks
- can't opt out from this limit unless it is allowed for by a collective workforce agreement
- must be offered a free health assessment before they start working nights and on a regular basis after that (a follow-up examination by a health professional should be provided where necessary)
When devising your health questionnaire, make sure you ask a qualified health professional for advice. Download our sample health questionnaire (DOC, 105K) - Opens in a new window.
For workers dealing with special hazards or under mental and physical strain - there can be no averaging at all - the eight-hour daily limit is absolute.
In general workers under 18 are not permitted to work at night. However, there are quite a few exceptions. For more information, see our guide on employing young people.
It is your responsibility to comply with the night work regulations. You should keep records to ensure workers don't exceed their night working limit.
You should also retain records of your night workers' health assessments for two years or, if they didn't accept the offer of a free health assessment, record when the offer was made.
Subjects covered in this guide
- Introduction
- The rules about working on Sunday
- The rules about working at night
- Shift working involving Sunday/night work
- Terms and conditions for Sunday and night workers
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