On 28 February 2024, the Supreme Court rendered a new judgement
regarding an employee's right to exemption from night work
due to health reasons, pursuant to Section 10-2 of the Working
Environment Act.
The matter concerned a 61-year-old offshore worker who, after
suffering a heart attack in 2020, requested exemption from night
work based on medical advice. The employee was granted exemption
from night work and, since 2020, had only been scheduled for a few
night shifts. Towards the end of 2021, the employer notified him
that exemptions from night work will, on a general basis, no longer
be granted. The employee upheld his claim for exemption from night
work but was denied.
According to Section 10-2 second paragraph of the Working
Environment Act, an employee who regularly works at night has the
right to an exemption from night work if needed “for
health, social or other weighty welfare reasons and can be arranged
without major inconvenience to the undertaking.”
