Section 10-12 Exceptions

(1) The provisions of this chapter shall not apply to employees in senior posts, with the exception of section 10-2, first, second and fourth paragraph.

(2) The provisions of this chapter shall not apply to employees in particularly independent posts, with the exception of section 10 2, first, second and fourth paragraph.

(3) The provisions of this chapter may be departed from in the case of work that, owing to natural disasters, accidents or other unforeseen events must be carried out in order to avert danger or damage to life or property. In such case, the employees shall be ensured corresponding compensatory rest periods or, where this is not possible, other appropriate protection.

(4) Trade unions entitled to submit recommendations pursuant to the Labour Disputes Act or the Civil Service Disputes Act may, with the exception of section 10-2, first, second and fourth paragraphs, and section 10-11, eighth paragraph, enter into a collective pay agreement that departs from the provisions of this chapter. Exceptions from section 10-8, first and second paragraphs and section 10-11, sixth and seventh paragraphs, require that the employees are ensured corresponding compensatory rest periods or, where this is not possible, other appropriate protection. The conditions laid down in section 10-6, first paragraph, shall apply to the use of overtime in accordance with such a collective pay agreement. In each case, the employee must consent to carry out the overtime work. The requirement regarding individual consent shall apply correspondingly where a collective pay agreement has been entered into stipulating total average working hours of over 48 hours per seven days for the duration of one year.

(5) If an agreement has been entered into as referred to in section 10-5, second paragraph, 10-6, 10-8, third paragraph, 10-10, 10-11 first, fourth or ninth paragraph or section 10-12, fourth paragraph, and a majority of the employees are bound by the agreement, the employer may make the provisions of the agreement concerning working hours applicable to all employees who perform work of the kind covered by the agreement.

(6) The Labour Inspection Authority may consent to working hour arrangements that derogate from section 10-8 and section 10-10, second paragraph, in cases where there is a considerable distance between the workplace and the employee's place of residence. Such consent may only be granted if it is of significance to safety to provide for comprehensive regulation of working hour arrangements at the workplace. Derogation from section 10-8, first and second paragraph, requires that the employees are ensured compensatory rest periods or, where this is not possible, other appropriate protection.

(7) The Labour Inspection Authority may consent to working hour arrangements that derogate from section 10-8, first and second paragraph, and the limit of 13 hours in section 10-5, third paragraph, for health and care work and for on-call duty or surveillance work where the work is wholly or partly of a passive nature (cf. section 10-4 second paragraph). Such consent may only be granted if the employees are ensured compensatory rest periods or, where this is not possible, other appropriate protection.

(8) If the work is of such a special nature that it would be difficult to adapt it to the provisions of this chapter, the Ministry may by regulation issue special rules providing exceptions from these provisions.