The “jobsdeal” contains several measures to reform the labour market. In a series of 5 topics, Sotra discusses the most important measures. In this News the working time measures are explained: the four-day working week, the alternating full-time week schedules and the flexible part-time working schedules.
First measure: The four-day working week
A new article 20bis/1 will be added to the Labour Act of 16 March 1971, which will create the possibility of a four-day fulltime working schedule. In this regime the daily working time will amount to:
- 9h30min for a weekly working schedule of 38 hours;
- 9h45min for a weekly working schedule of 39 hours;
- 10h00 for a weekly working schedule of 40 hours.
Working schedules with a maximum daily limit up to 9 hours and 30 minutes can be introduced via the work rules. If the actual weekly working time in the company exceeds 38 hours, a collective bargaining agreement is required, which will also automatically change the provisions of the work rules in this regard.
The new schedules will not apply automatically to the workers of the company:
- Workers should apply for this new working regime in writing.
- A prior written agreement with the employer to this end is also required. This agreement is valid for a renewable period of 6 months.
Furthermore, the employer should respect the following additional obligations:
- If the employer refuses the application, then he should do so in writing within one month, stating the reason for refusal.
- The application and the agreement must be kept for 5 years.
- Upon request, a copy of the agreement must be submitted to the Health and Safety Committee or, if there is none, to the Trade Union delegation.
The draft Act also stipulates that workers in this working regime can only perform voluntary overtime hours on one of the four working days.
Second measure: the alternating full-time week schedule
A new Article 20quater will be added to the Labour Act of 16 March 1971, foreseeing the possibility to alternate a busy working week with a quiet working week:
- Normal regime: cycles of 2 consecutive weeks
- Exceptional regime: cycles of 4 (2 X 2) weeks, during the 3e quarter (the summer months), as well as “exceptionally on the motivated written request of the worker because of unforeseen circumstances”
The regime is introduced in the work rules through the ordinary procedure, but once again, it cannot be applied automatically to the workers of the company:
- Workers that – should apply for this new working regime in writing.
- A prior written agreement with the employer to this end is also required. This agreement is valid for a renewable period of 6 months.
Furthermore, the employer should respect the following additional obligations:
- If the employer refuses the application, then he should do so in writing within one month, stating the reason for refusal.
- The application and the agreement must be stored for 5 years.
- Upon request, a copy of the agreement must be submitted to the Health and Safety Committee or, if there is none, to the Trade Union delegation.
The draft Act also stipulates that employees in this working regime can only perform voluntary overtime hours in the “busy weeks”.
Third measure: flexible part-time working schedules
The draft Act extends the period that the employer must respect when communicating flexible part-time working schedules:
- The general term of 5 working days becomes 7 working days;
- The exceptional term of 1 working day (via a CBA rendered generally applicable) becomes 3 working days.
However, there are a number of exceptions and transitory measures to these new rules:
- If an industry CBA already provided for a term lower than 3 working days, this term shall be maintained until a new CBA on this matter is concluded, and no later than 31 December 2022. However, the industry CBAs in the JC 145 (horticulture), JC 121 (cleaning) and JC 200 (auxiliary Joint Committee for white-collar workers) remain in force after 31 December 2022.
- The social partners in JC 302 (hotels) and JC 110 (textile) can conclude a CBA before 1 January 2023 that provides for a shorter period than 3 working days.
- The terms already provided for in the work rules must be amended accordingly, but can still be applied until 9 months after the coming into force of the Act.
Entry into force of the aforementioned measures
The draft Act does not contain any specific provision on entry into force. Therefore, in principle, the measures will enter into force 10 days after their publication in the Belgian Official Gazette.
This information is provided subject to approval of the final version of the said Act.
Source:Draft Act on various labour provisions, Ch., session 55, n° 2810/001.
This article was first published on our Belgian member’s website Sotra on 12 July 2022. To know more about our member and how they can assist you, click here.
