CBA No. 161 introduces the right for private sector workers to request, under certain conditions, a form of employment with more predictable and stable working conditions. The CBA also provides specific guarantees for workers who make use of this right. These new measures came into force on 1 October 2022.
The right to request for more predictable and stable working conditions
The worker must be bound by an employment agreement with his or her employer for six months prior to the request for more predictable and stable work conditions.
It is up to the worker to determine what he or she considers to be more predictable and stable work conditions. This may include, for example:
- An open-ended rather than a fixed-term employment contract;
- A full-time rather than a part-time employment contract;
- A part-time employment contract with more working hours;
- An employment contract with fixed rather than variable hours;
- Etc.
Conditions to exercise this right
In addition to the 6-months seniority requirement, the request can only be accepted if: (i) the more predictable and stable work conditions are available in the company, (ii) the worker meets the required qualifications and skills, and (iii) the worker accepts the proposed working hours and pay conditions.
These conditions can be implemented in different ways at sector level (through a CBA) or at company level (collectively or individually).
Procedure to be followed
The following procedure applies:
- REQUEST FROM THE WORKER: three months before the desired start date, the worker sends a written request to the employer. This must contain certain specific details, namely a reference to the applicable CBA, the desired more predictable and stable work conditions, and the desired start date.
Except in the event that the employer does not respond to the request within one month, the worker may not make another request within a 12-month period.
- EMPLOYER’S RESPONSE: within one month of the request, the employer provides a written response to the worker. The employer may (i) accept the request, (ii) refuse it, (iii) postpone the exercise of the request or (iv) suggest an alternative. The employer must justify its decision, unless he accepts the worker’s request.
- AGREEMENT OF THE PARTIES: in case of agreement, the parties must agree on the concrete terms of the more predictable and stable work conditions (form of employment, starting date, working hours, remuneration, etc.).
Guarantees for the exercise of the right
A worker who exercises his or her right enjoys special protection against unfavourable treatment and dismissal. Non-renewal of a fixed-term employment agreement can also qualify as an unfavourable treatment.
If the employer cannot prove that the unfavourable treatment is not linked with the fact that the worker has exercised this right, he is entitled to a compensation ranging from 2 to 3 months’ pay in the case of unfavourable treatment, and from 4 to 6 months’ pay in the case of dismissal.
Sources :
- Act of 7 October2022 partially transposing Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, published in the Belgian Official Gazette on 31 October 2022;
- Collective labour agreement no. 161 of 27 September 2022 concerning the right to request a form of employment with more predictable and stable working conditions.
This article was first published on 9 December 2022 by our Belgian member firm Sotra. Sotra is a specialized Belgian boutique law firm specializing in Labor Law and HR-Tax Law. With offices in Brussels and Namur, the firm advises national and international corporations and SMEs, in addition to startups, public bodies and executives, on a wide range of employment and social security law matters. Wait no longer to discover how Sotra can help you, visit their website and contact our representatives Olivier Rijckaert.
